Judgment Search Results Home > Cases Phrase: finance act 1994 chapter 5a advance rulings Sorted by: old Court: authority for advance rulings Page 1 of about 23 results (0.119 seconds)

Surbhi Industries Vs. Commissioner of Customs and

Court : Authority for Advance Rulings

Reported in : (2007)(208)ELT578AAR

..... , 2001), additional duty (aed) @ 5.5% (levied under finance act, 2005) and education cess (ec ..... by the term 'paper and pulp' appearing in paragraph f of part i read with part iii of the first schedule to the finance act, 1965 (act 10 to 1965)? whether on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding ..... chapter 21 of the tariff act and is classifiable under chapter heading no. 2106.90 20 of the tariff act.in regard to question no. 2, it is submitted that the aforementioned chapter heading attracts various types of duties such as basic excise duty (bed) @ 37.5% (levied under first schedule to the tariff act), national calamity contingent duty (nccd) @ 23% (levied under the finance act .....

In Re: Robert W. Smith

Court : Authority for Advance Rulings

..... 1), 10(5b), 245n and 245q(1) 1. this is an application before this authority constituted under the finance act, 1993, by the insertion of a new chapter xix-b in the income-tax act, 1961 (hereinafter referred to as "the act"). it raises some interesting points and since this is the first application before this authority, the questions that arise ..... however, be mentioned that, by this time, the applicant had accepted regular employment as general manager (technical) of w. i. p.l. with effect from february 1, 1994, and his stay in india had exceeded 182 days. it was, however, urged that the period of stay in india subsequent to the date of the application was irrelevant and ..... 18. it may be mentioned here that though section 10(5b) has been inserted only by the finance act, 1993, with effect from april 1, 1994, this category of exemption had been in the tax statutes all along. in the indian income-tax act, 1922, the exemption was provided by section 4(3)(xiva) inserted with effect from april 1, .....

In Re: Advance Ruling A. No. P-5 of

Court : Authority for Advance Rulings

Reported in : (1997)223ITR379AAR

..... income from assets of the nature referred to in sub-clause (ii), (iii), (iv) or (v) of clause (f) of section 115c and opting that the provisions of chapter xii-a may be made applicable to him in relation to the "investment income" from such assets. if he does so, then he will be entitled to the benefit of ..... a nonresident but, a resident but not ordinarily resident. item (e) relates to the fixed deposit made by the applicant with lloyds finance, a company, in india. the interest is not entitled to exemption under any provision of the act. however, it has been claimed that this deposit has also been made in "convertible foreign exchange". if that be so, the ..... or more ; or ... ." 5. in view of this definition, if the applicant returns to india before october 3, 1995, he will be "non-resident" till the financial year 1994-95 (relevant for the assessment year 1995-96) but will become "resident" in india from the assessment year 1996-97 onwards but this residential status will be deferred by one .....

Educational Institute of Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Reported in : (1996)219ITR183AAR

..... and disburse money, borrow money and sign notes or other evidences of indebtedness. sponsor and encourage the formation of local chapters of institute members for the purpose of arranging and conducting local study groups in hotel and motel subjects and promoting enrolment ..... . subsequently, in february, 1995, the liaison office was upgraded to a branch office with the approval of the ministry of finance, government of india, and the reserve bank of india. according to this mou the applicant, ei had the following obligations ..... if the letter of the reserve bank of india granting permission to ei to open a liaison office dated july, 1994, and letter of the reserve bank of india to upgrade it to a branch office under section 29(l)(a) ..... house faculty of various institutions. (ii) whether the applicant would be entitled to exemption under section 11 of the income-tax act, 1961 2. the applicant, "educational institute of american hotel and motel association" (hereinafter referred to as "the el"), a .....

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... the general rates. this is also made clear by section 2(3) of the relevant finance act (the act of 1995 is considered here but there is a similar provision in other finance acts as well) : " section 2(3). in cases to which the provisions of chapter xii or chapter xiia or sub-section (1a) of section 161 or section 164 or section 164a or ..... of the trust. the right of the applicant, therefore, to seek a ruling on the questions raised cannot be denied.the ruling in a.a.r. 207 of 1994 will not be applicable on the facts and circumstances of the present case.38. it is argued for the department that a ruling given by the authority on its application ..... -tax merely because they have some mutual connections. reliance is placed, in support of this contention, on the ruling given by this authority in a.a.r. 207 of 1994. in that case, a non-resident applicant sought a ruling on whether, in the assessment of its wholly-owned resident subsidiary running slot machines in india, cash disbursements to .....

Arthur E. Newell Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Reported in : (1997)223ITR776AAR

..... depends upon the issue whether he can be said to be a "technician"-within the meaning of section 10(5b) of the act. this provision, which was inserted in the act by the finance act of 1993 with effect from april 1, 1994, replaces section 10(6)(vii) which was in force between april 1, 1964, and march 31, 1971, and section 10(6 ..... the 35mm cassettes or the motion picture films produced and sold by the company are completely different commercial commodities, distinct even from each other. it is pointed out that, under chapter 37 of the central excise tariff, these commodities have been classified as photographic or cinematographic goods and that the notes to this ..... chapter states that "the process of cutting, slitting, perforation or any one or more of these processes shall amount to manufacture". production of cinematographic films has been held to involve .....

Hari Gopal Chopra Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Reported in : (1999)237ITR135AAR

..... method of accounting has been regularly employed by the assessee, the assessing officer may make an assessment in the manner provided in section 144. " section 145 as amended by the finance act, 1995, with effect from april 1, 1997, reads thus : "145. (1) income chargeable under the head 'profits and gains of business or profession' or 'income from ..... to furnish a declaration in writing along with the return of income for the subsequent years to that effect. on such declaration being filed, the provisions of chapter xii-a shall continue to apply in relation to such income for such subsequent years until transfer or conversion of the assets into money.the department also took the ..... currency to the country of his choice.he visited india for 49 days between february 18, 1991, and april 8, 1991, and for 32 days between december 18, 1994, and january 18, 1995, during his leave and thus, his stay in india never exceeded more than sixty days in any financial year. in support of this information, .....

In Re: Cyril Eugene Pereira

Court : Authority for Advance Rulings

Reported in : (1999)239ITR650AAR

..... restrict the liability of the shareholder to pay tax on his dividend income according to the domestic law. statutory levy of tax by the income-tax act read with the annual finance acts cannot be avoided unless the applicant can show that such levy will result in double taxation for which relief has been given under the double taxation ..... uae for avoidance of double taxation in respect of income which is not taxable in the uae at all.32. the heading of chapter ix of the income-tax act is "double taxation relief". the chapter comprises only two sections. under section 90(1)(a), relief can be granted in respect of income on which tax has been actually ..... of avoiding something which does not exist reference in this connection may be made to the objects clause of the agreement wherein it has been recited as follows (see [1994] 205 itr (st.) 49) : "the government of the republic of india and the government of the uae desiring to promote mutual economic relations by concluding an agreement .....

M/S. Sopropha S.A. Vs. Present for the Department Mr. S.M.J. Abidi, Ad ...

Court : Authority for Advance Rulings

..... and restrictive an interpretation on this provision, which is not in accord with the spirit of the assurances given by the finance minister. it does not, therefore, surprise us that the assessing officers have also taken an unduly narrow view in the ..... interpreted and applied by the itos. the direct taxes administration enquiry committee have also made a few suggestions on this subject in chapter iii of their report. the board have carefully considered the points involved and their decisions thereon are given below : point 1 ..... claim the benefit of hedging contracts. he pleaded that in the case s.k.ar. somasundaram chettiar and co. (1992) 1994 itr 1, the supreme court has confirmed the madras high court order that only contracts of purchases could be covered under hedging ..... goods as are held in stock? 5. the applicants learned counsel explained that section 43(5) of the income tax act, 1961 (the act) and central board of revenue (the board) circular no.23d (f.no.412/(4)60/tpl dated 12.9.1960 .....

Jason James Clemens Vs. Commissioner, Service Tax

Court : Authority for Advance Rulings

Reported in : (2005)(98)ECC395

..... needs no elaborate reasoning to conclude that the circular issued by the board cannot be termed as a notification issued under chapter v of the finance act, 1994, the subject-matter of clause (d). chapter v of the finance act, 1994 contains 30 sections : sections 64 to 96; section 83 makes applicable in relation to service tax certain provisions of ..... on the board under section 37b of the central excise act, 1944, as made applicable by virtue of section 83 of the finance act, 1994,which also falls under chapter v. however, the legislature chose to prescribe only notifications and not circulars in section 96c(2)(d) of the finance act, 1994. therefore, reliance on clause (d), in our view ..... time of hearing.3. sub-section (2) of section 96c of the finance act, 1994 reads as under : "the question on which the advance ruling is sought shall be ins respect of, - (a) classification of any service as a taxable service under chapter v; (c) the principles to be adopted for the purposes of determination .....