Judgment Search Results Home > Cases Phrase: finance act 1992 section 102 amendment of schedule iii Court: karnataka Page 1 of about 1,207 results (0.110 seconds)

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, ..... has been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case ..... court had earlier dismissed the appeal of the revenue as against this order, nevertheless, the revenue having brought to the notice of the supreme court the provisions of section 112 of the finance act, 2000, which was enacted as a validating legislation and which had now virtually taken away any benefit or concession that had been given to an assessee under the ..... have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the modvat credit entry.4. .....

Wipro Limited Vs. The Joint Commissioner Of Income Tax

Court : Karnataka

..... 234b; it may be pertinent to note that it was inserted and brought into effect from the same time as section 153 was substituted by finance act, 2016; similarly, section 153(5) was substituted by finance act, 2016 prescribing the time limit to give effect to the orders passed under the sections mentioned therein, wholly or partly, otherwise than by making a fresh assessment or reassessment; prior to such amendment, no time limit was prescribed for passing of oge; it may be noted that the requirement of paying ..... proviso (a) to section 240; explanation 1(iii) to section 245a(b) section 251(1)(a) words as omitted by finance act, 2001 with effect from 01.06.2001. ..... filed rectification u/s 154 against oges of tpo and ao on 18.01.2018 f) tpo passed the rectification order on 26.03.2018 g) assessee follows up his application dated 18.01.2008 u/s 154 before ao with: i) application u/s 154 dated 24.1.2018 ii) application u/s 154 dated 3.4.2018 iii) letter dated 17.5.2018 iv) letter dated 22.3.2019 43 v) impugned order 29.3.19 (ii) a careful analysis of the order of itat dated 4.1.2018 would reveal that the itat dealt with several issues differently, some having been remitted .....

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

..... learned counsel appearing for the parties, it would be appropriate to reproduce the provisions of section 115jb as it stood after amendment under finance act, 2000 and the provisions of the section as it stands after the amendment by finance act, 2002 and the same are as follows:section 115jb as it stands now following the amendment by means of finance act, 2002 with retrospective effect from 1.4.2001:1) notwithstanding anything contained in any other provisions of this act, where in the case of an assessee, being a company, the income-tax, ..... be seven and one-half per cent of such book profit.2) every assessee, being a company shall for the purposes of this section, prepare its profit and loss account for the relevant previous year in accordance with the provisions of parts ii and iii of schedule vi to the companies act, 1956 (1 of 1956).provided that while preparing the annual accounts including profit and loss account:i) the accounting policies,ii) the accounting standards ..... section (4) of section 172 or sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the income tax act or deducted under section 192 of the said act from income chargeable under the head 'salaries' or in which the 'advance tax' payable under chapter xvii-c of the said act has to be computed, at the rate or rates in force, such income tax or, as the case may be 'advance tax' shall be so charged, deducted or computed at the rate or rates specified in part iii of the first schedule .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus : 'aggregation of property and rates of duty 34. ..... - for the purposes of this sub-section, 'property exempt from estate duty' means - (i) any property which is exempt from estate duty under section 33; (ii) any agricultural land situate in any state not specified in the first schedule; (iii) the interest of all coparceners other than the deceased in the joint family property of a hindu family governed by the mitakshara, marumakkattayam or aliyasantana law. ..... passing on the death of the deceased, all property so passing, excluding - property exempted from duty under clauses (c), (d), (e), (i) and (j) of sub-section (1) of section 33, but including - (i) property on which no estate duty is leviable under section 35, (ii) property exempted from duty under clauses (a), (b), (f), (g), (h) and (k) of section 33, and (iii) agricultural land situate in any state not specified in the first schedule, shall be aggregated so as to form one estate and the duty shall be levied at the rate or rates applicable in respect of the principle value .....

Vasundhara A.g.k. Vs. The Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... liable to make payment of any service tax and in this regard, he relies upon section 66d(a) of the finance act, 1994, which is reproduced hereunder for easy reference: 66d ..... is required to be seen is that in terms of sub- section (a) of section 66d of the finance act, services by a government or local authority who would be ..... the corporation to the petitioners would amount to services rendered by the corporation in terms of sub-clause (i) of section 66d of finance act, 1994 would also be a question that arises.12 ..... . sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof would be in the negative list ..... . khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 iii) respondent is directed to consider the representations dated 20.07.2015 vide annexure-p submitted by the petitioners in w.p.no.44252/2015 and w.p.no.48640/2015 and the representation submitted by the petitioner in w.p.no.48639/2015 at annexure-h ..... 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 insurance and agency services provided to a person other than government; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers; or (iv) support services, other than services covered under clauses (i) to (iii) above, provided to business entities; 9.2 .....

Amba Prasad N H Vs. Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... liable to make payment of any service tax and in this regard, he relies upon section 66d(a) of the finance act, 1994, which is reproduced hereunder for easy reference: 66d ..... is required to be seen is that in terms of sub- section (a) of section 66d of the finance act, services by a government or local authority who would be ..... the corporation to the petitioners would amount to services rendered by the corporation in terms of sub-clause (i) of section 66d of finance act, 1994 would also be a question that arises.12 ..... . sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof would be in the negative list ..... . khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 iii) respondent is directed to consider the representations dated 20.07.2015 vide annexure-p submitted by the petitioners in w.p.no.44252/2015 and w.p.no.48640/2015 and the representation submitted by the petitioner in w.p.no.48639/2015 at annexure-h ..... 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 insurance and agency services provided to a person other than government; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers; or (iv) support services, other than services covered under clauses (i) to (iii) above, provided to business entities; 9.2 .....

N H Muralidhar Vs. Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... liable to make payment of any service tax and in this regard, he relies upon section 66d(a) of the finance act, 1994, which is reproduced hereunder for easy reference: 66d ..... is required to be seen is that in terms of sub- section (a) of section 66d of the finance act, services by a government or local authority who would be ..... the corporation to the petitioners would amount to services rendered by the corporation in terms of sub-clause (i) of section 66d of finance act, 1994 would also be a question that arises.12 ..... . sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof would be in the negative list ..... . khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 iii) respondent is directed to consider the representations dated 20.07.2015 vide annexure-p submitted by the petitioners in w.p.no.44252/2015 and w.p.no.48640/2015 and the representation submitted by the petitioner in w.p.no.48639/2015 at annexure-h ..... 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 insurance and agency services provided to a person other than government; (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers; or (iv) support services, other than services covered under clauses (i) to (iii) above, provided to business entities; 9.2 .....

The Mysore Chipboards Limited and ors. Vs. State of Karnataka Represen ...

Court : Karnataka

Reported in : ILR2006KAR987

..... the relevant portion is as follows:coining to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in its own ..... in our considered opinion the expression 'such conditions and restrictions as it may impose' in sub-section (3) of section 7 of the bihar finance act will not authorise the state government to negate the incentives and benefits which any industrial unit would be otherwise entitled to under the ..... in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government order resolution, then the said notification must be held to be ..... suprabhat steel limited (1999) 112 stc 258 has held that issuance of a notification under section 7 of the bihar finance act, 1981, entitles industrial units to avail of the incentives and benefits declared by the state government in its ..... the case of the state government that the industrial policy has been amended or that the certificate of exemption has been withdrawn. ..... the government of karnataka amended rule 20-c of the kst ..... if that is so, by applying amended rules of 1998, which has come into force subsequent to the industrial policy the benefit granted to them .....

Tata Consultancy Services Vs. Union of India (Uoi) and anr.

Court : Karnataka

Reported in : [2002]111CompCas292(Kar); (2002)176CTR(Kar)480; 2001(77)ECC694; 2001(130)ELT726(Kar); ILR2001KAR5421; [2002]257ITR710(KAR); [2002]257ITR710(Karn); 2006[2]STR386; [2007]6

..... according to the petitioner, it is not liable to either recover or deposit any tax as it is not providing a taxable service within the meaning of section 65(41) of chapter v of the finance act as amended by the finance act, 1997 and finance (no. ..... by the finance act, 1997, parliament amended certain provisions of the act and defined 'taxable service' under section 65(48) to include various kinds of services that were not initially included within the tax net ..... the short question that falls for consideration is whether the petitioner-company is liable to pay service tax under chapter v of the finance act as amended from time to time. ..... a declaration to the effect that the petitioner-company is not a 'consulting engineer' within the meaning of section 65 of the finance act, 1994, so as to be liable to pay tax on the 'service' provided by it has also been prayed for, besides a certiorari quashing circular dated july 22, 1997, issued by the ministry of finance and referred to in trade notice no. ..... proceedings under section 78 of the finance act were however ..... 9,88,379 under section 76 of the finance act and a penalty of ..... 379 recovered from it for the period mentioned earlier in terms of section 68 of the finance act, 1994. ..... january 25, 1999, from the petitioner, in which it was contended that since the petitioner was a division of tata sons limited, it did not fall within the purview of the expression 'consulting engineer' as defined in clause (13) of section 65 of the finance act, 1994. .....

Commr. of S.T. Vs. Atria Convergence Tech. P. Ltd.

Court : Karnataka

Reported in : 2010[18]STR265

..... within permitted time and particularly as tax liability was required to be determined by invoking the extended period of limitation, it was inevitable for the adjudicating authority to levy penalty under section 78 of the finance act, 1994 and there was no occasion for the appellate commissioner or the tribunal to have opined that no levy of penalty was warranted under ..... the appeal of the commissioner of central excise [appeals-i], bangalore, preferred under section 35b of the act in turn directed against the order of the commissioner of central excise [appeals] dated 31-3-2006 where under the commissioner had set aside certain penalties that had been levied on the assessee by the adjudicating authority under section 78 of the finance act, 1994, on the premise that there was suppression and non-payment of duty ..... of related services and while duty to this extent was demanded, the adjudicating authority thought it proper to levy penalty under section 78 of the finance act, 1994 and was of the view that penalty under section 76 of the finance act, 1994 deserves to be waived in exercise of the powers under section 80 of the finance act, 1994. ..... in terms of his order dated 31-3-2006 (copy at annexure-d] while thought it proper to set aside the penalty levied under section 73 of the finance act, 1994, was of the view that there was neither any suppression or deliberate misrepresentation on the part of the assessee warranting levy of penalty under section 78 of the finance act, 1994.5. .....