Court : Mumbai
Reported in : 2008[10]STR235
order1. the question of law is framed at paragraph no. 4 in the appeal memo. the main issue is as to whether the tribunal can impose penalty under section 76 of the finance act, 1994. after considering the provisions of sections 80 read with 76, we have held that there is discretion in the tribunal to interfere with the penalty imposed. in the instant case, in our opinion, no question of law would arise. hence appeal is dismissed.
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ482
..... respondents have not taken up the original orders imposing penalty in appeals before the appellate authority within the maximum period prescribed under section 85(3) of the finance act, 1994, they cannot get the appeals revived and heard on merit by resorting to the discretionary remedy before this court under article 226 of the constitution of india. ..... tax officer and ors. reported in 12 stc 272, which held that 'although', as far as the appellate authority is concerned under the tamilnadu general sales tax act, 1959, its jurisdiction and power to condone delay is limited to a period of 30 days, the limitation cannot be made application to the high court while ..... and directing that fresh orders be passed. petitioners submits that in pursuance to the appellate order, ext. p5 was issued under section 406(3) of the municipalities act and again the petitioners filed ext.p6 appeal. the tribunal set aside ext. p5 reserving liberty to the respondent to pass fresh orders in the matter. thereafter .....
Tag this Judgment!Court : Delhi
Reported in : 2000(115)ELT324(Del)
..... pesticides do not cease to be pesticides. the character of the product doesn't change and continues to remain in the heading 38.08. the amendment in chapter note by the finance act of 1997 also did not make any material change. the amendment was done apparently to bring in line the said tariff entry with the h.s.n ..... different types of packages;(iii) that the section 37b order dated 27-7-1995 would no longer be valid in its entirety because of the changes in chapter 38 by the finance act, 1996;(iv) that the tariff description 38.08 was amended in july, 1996 to cover only insecticides put up in forms or packing for retail sale ..... chemical and other ingredients to pesticidial chemicals in a highly concentrated form would amount to manufacture.10. by the finance act, 1996 the heading 38.08 was amended and chapter note 2 to chapter 38 was introduced. the chapter note read as under :'chapter 38. miscellaneous chemical products notes :1...2. in relation to products of heading no. 3808, addition of .....
Tag this Judgment!Court : Mumbai
Reported in : (2007)109BOMLR2567; (2008)214CTR(Bom)303; [2009]311ITR212(Bom)
..... -a shall not apply to or in relation to the transfer of immovable property made after 30th september, 1986. simultaneously, by the said finance act, 1986, chapter xx-c was inserted in to the act w.e.f. 1st october, 1986 empowering the central government to purchase immovable properties in certain cases of transfer.7. on 14th october, 1986, the petitioners as a ..... of the principles of natural justice. reliance placed on the decision of this court in the case of smt. vimla devi g. maheshwari v. s.k. laul reported in : [1994]208itr734(bom) does not support the case of the revenue, because, even in that case, it is held that the order of the aa can be interfered with if it ..... c.b. gautam (supra), the provisions of chapter xx-c can be resorted to only when there is a significant undervaluation to the extent of 15% of the fair market value with a view to evade tax. as held by this court in the case of vimal agarwal v. appropriate authority reported in : [1994]210itr16(bom) , it is necessary first to .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR108; (2001)166CTR(Bom)7; [2001]249ITR265(Bom)
..... if situated in a village. profits arising from the transfer of a motor car used for personal purposes would result in a revenue income. that, even after the finance act, 1994, consideration arising from the transfer of tenancy in cases where the tenant had no right to sublet, would be chargeable to tax as revenue income. he, therefore, ..... appearing on behalf of the assessee in the conjoint writ petition, adopted the arguments of learned counsel for the various assessees. he, however, added that even under the finance act, 1994, the object of declaring the cost of acquisition as nil after april 1, 1995, was to bring to tax such gains accrued on transfer of an asset. that ..... give any concession. in this connection, he placed reliance on the central board of direct taxes circular which clarified that in order to overcome the judicial interpretation the finance act, 1987, had provided in section 55(2)(a) that cost of acquisition in the case of goodwill will be taken as nil. he contended that the .....
Tag this Judgment!Court : Kerala
Reported in : (2003)185CTR(Ker)361; 2004(166)ELT25(Ker); [2004]265ITR262(Ker); 2006[2]STR551
..... the petitioner is similar to that of a printing press, and it is not acting as an advertising agency for its customers.3. service tax was introduced for the first time by the finance act, 1994 on certain categories of service. by the finance act 2 of 1996, it was extended to the taxable service of 'advertising agency'. ..... srikrishna, c.j.1. this petition under article 226 of the constitution of india challenges the imposition of service tax on the taxable service of advertising agency by finance act 2 of 1996.2. the petitioner is a small scale industrial until which is engaged in the printing of materials for customers - like visiting cards, stickers, ..... , (2000) 1 scc 557).7. the last contention that the service rendered by the petitioner does not amount to 'taxable service' as defined under the act requires factual determination. the respondents have filed a counter affidavit in which they have denied the averments in the original petition. the respondents contend that petitioner renders .....
Tag this Judgment!Court : Chennai
Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)
..... for consideration.i) whether statutory powers of commissioner to file appeal against an order in appeal before the appellate tribunal under section 86(2a) of the finance act, 1994 can be denied for the reason that commissioner had once accepted the order in appeal ?ii) whether acceptance of order-in-appeal by the commissioner becomes ..... that if the reasoning stated is accepted that would amount to reviewing a decision already reviewed by the commissioner as early as 10.6.2005. the finance act, 1994 contains no provision empowering the commissioner to do this kind of review, once the order of the appellate commissioner was accepted by the commissioner concerned in ..... accordance with the provision of the review under section 86 of the finance act, 1994. further, the cestat also found as a matter of fact, the decision taken by the appellate commissioner on 19.5.2006 for accepting the appellate .....
Tag this Judgment!Court : Kerala
Reported in : 2010(2)KLJ1032
..... ,25,504/- was ordered to be remitted towards the balance tax, in respect of the period from 10.11.1994 to 31.3.1996, which constitutes the amount to be paid by virtue of the amendment of the taxation act as per the finance act, 1994, by fixing the rate of tax at 'rs. 1000/- per quarter, per passenger, with respect to the contract ..... respect of the liability of the previous owner is sought to be justified placing reliance on the decision rendered by a division bench of this court in n.p.r. finance ltd. v. state of kerala 2002 (1) klt 591. reliance is also placed on another decision rendered by this court in a.r.t. leasing ltd. v. addl. registering ..... never come within the purview of the term 'operator', as defined in similar statute-bombay motor vehicles (taxation of passenger) act, 1958 and the position has been made clear by the apex court in state of maharashtra and ors. v. sundaram finance and ors. reported in : (1999) 1 scc 1 : 1999 khc 1466. even though the said position was not brought .....
Tag this Judgment!Court : Chennai
Reported in : (2009)225CTR(Mad)289; (2009)5MLJ1137; [2009]18STJ235(Madras); 2009[16]STR3; (2009)25VST446(Mad)
..... has evolved on account of service industry becoming a major contributor to the gdp of an economy, particularly knowledge-based economy. with the enactment of the finance act, 1994, the central government derived its authority from the residuary entry 97 of the union list for levying tax on services. the legal backup was further provided ..... of vii schedule under article 268-a are introduced giving authority to the parliament to legislate on service tax; that section 65(12) of the finance act, 1994 defines 'banking and other financial services' as 'financial leasing services including equipment leasing and hire-purchases'. the learned additional solicitor general further submitted that section 65 ..... concern, in relation to banking and other financial services.section 66: charge of service tax: (1) on and from the date of commencement of this chapter, there shall be levied a tax (hereinafter referrred to as the service tax), at the rate of five percent of the value of the taxable services .....
Tag this Judgment!Court : Kolkata
Reported in : 2009(238)ELT579(Cal),2008[11]STR457
..... petition the legislative competence of the union government to levy service tax on hire-purchase agreement and lease financing services. admittedly both these items have been covered under the provisions of chapters 5 and 5a (sic) (chapter v and va) of the finance act, 1994. on this aspect the petitioners case is that the transaction as regards services being rendered by the ..... -10-1989 stipulates as follows:complaints have been received from the trade that in some of the collectorates summons under section 14 of the central excises and salt act, 1944 are being issued to the managing directors and other high officers with a view to enforce recovery of dues which are under dispute. action under this ..... orderaniruddha bose, j.1. the petitioner no. 1 herein is a non-banking financial company engaged in the business, inter alia, of lease financing and hire-purchase. the rest of the petitioners are directors and officers of the petitioner-company.2. in this writ petition the main grievance of .....
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