Judgment Search Results Home > Cases Phrase: finance act 2001 chapter iv indirect taxes Page 1 of about 4,463 results (0.146 seconds)

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... in this act, unless the context otherwise requires,-(c) 'broadcasting' means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the gene3ral public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly.section 65(63) of the finance act, 2001 defines 'service tax' as ..... .-(95)'service tax' means tax leviable under the provisions of this chapter;section 65(105) (zk) of the finance act, 2003 again while defining the term 'taxable service', it included therein a 'broadcasting agency' as a ..... in 1994 that service tax was levied for the first time as per chapter v of the finance act, 1994 ..... this chapter unless the context otherwise requires,-(13) 'broadcasting' has the meaning assigned to it in clause (c) of section 2 of the prasar bharti (broadcasting corporation of india) act, 1990 (25 of 1990);to understand the meaning assigned to broadcasting under the finance act, 2001, reference must necessarily be made to section 2(c) of the prasar bharti (broadcasting corporation of india) act, ..... .- in this chapter, unless the context otherwise requires,-(80) 'service tax' means tax leviable under the provisions of this chapter;section 65(90) (zk) again while defining 'taxable services', it included therein a 'broadcasting agency' as a .....

Transweigh (India) Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(170)ELT527Tri(Mum.)bai

..... in terms of section 65 (18) of the finance act, 1944, "any professionally qualified engineer or engineering firm who either directly or indirectly renders any service, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering is defined as "consulting engineer" for the levy and imposition of service tax on the services rendered by such consulting engineer ..... 929/- was confirmed against them under section 75 of the finance act, 1994 towards their liability for service tax. ..... briefly stated, the appellants are engaged in the manufacturing of engineering goods falling under chapter 84 of the schedule to the ceta, 1985, the appellants had also recovered an amount of ..... in other words, the appellants pleaded that, in order to attract levy of service tax under the category of "consulting engineering" the service provider should be engaged solely in the process of rendering consulting services and not a firm like the appellants where the consulting engineer services are rendered ..... had invited our attention to the judgment of the hon'ble high court of karnataka reported in 2001 (130) elt 726 (kar) in the case of tata consultancy services v. ..... union of india, wherein it has been held that, the act does not make any distinction between different categories of service providers, be they individuals, partnership concerns or the incorporated ..... 402/- during the period from 01/04/99 to 31/03/2001 from their clients towards technical service charges. .....

Parbhudas Kishoredas Tobacco Products Ltd. and ors. Vs. Union of India ...

Court : Madhya Pradesh

Reported in : (2009)20VST853(MP)

..... chapter v of the finance act, 1994 has been amended by finance act of 2001 ..... and from the july 16, 1997 and ending with the october 16, 1998, the provisions of chapter v of the finance act, 1994 shall be deemed to have had effect subject to the following modifications, namely:(a) in section 65,--(i) for clause (6), the following clause had been substituted, namely:(6) 'assessee' means a person liable for collecting the service tax and include--(i) his agent; or(ii) in relation to services provided by a clearing and forwarding ..... from the date on which the finance act, 2000 receives the assent of the president, and in the event of non-payment of such service tax refunded within this period, in addition to the amount of service tax recoverable, interest at the rate of twenty-four per cent per annum shall be payable, from the date immediately after ..... always to have been valid for all purposes, as validly and effectively taken or done;(ii) any service tax refunded in pursuance of any judgment, decree or order of any court striking down sub-clauses (xii) and (xvii) of clause (d) of sub-rule (1) of rule 2 of the service tax rules, 1994 before the date on which the finance act, 2000 receives the assent of the president, shall be recoverable within a period of thirty days ..... other indirect tax, person responsible for collecting the service tax, ..... and identified the same as a potential region to collect indirect taxes. .....

Dy Cit, Central Circle 5 Vs. Mrs. Meena Nayan Chandan

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)5SOT1(Mum.)

..... intention that any undisclosed income discovered as a result of search is to be included in the block assessment as long as such income has been detected as a result of evidence gathered during the search.61.3-2 the finance act, 2002 has amended section 158bb to clarify that the block assessment of undisclosed income is to be assessed on the evidence found in the search and material or information gathered in post-search inquiries made on ..... the undisclosed income falling in this domain will suffer tax at normal rates as prescribed in the yearly finance act and also suffer interest and penalty as provided ..... . (1) the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period computed, in accordance with the provisions of this act, on the basis of evidence found as a result of search or requisition of books of account or other documents and such other materials or information as are available with the assessing officer and ..... serious doubts over various claims of allowance made in the regular return of income, (ii) enquiries or investigations carried out revealing existence of undisclosed income which were directly or indirectly not discovered during the course of search, (iii) discovery of undisclosed income as result of search ..... exemption found false or incorrect as a result of search, it has been held in cit v.shamlal balram gurbani (2001) 249 itr 501 (bom) that such claims cannot be taxed under chapter xiv-b .....

Asst. Commissioner of Income Tax Vs. Sri Dakshesh S. Shah

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)90ITD519(Mum.)

..... is clear from the introduction of section 14a of the income tax act 1961 inserted by the finance act 2001 w.r.e. ..... be understood from the memo explaining the provisions in the finance act, 2001 [248 itr 195 (st)] which reads as under: "no deduction for expenditure incurred in respect of exempt income against taxable income.certain incomes are not includible while computing the total income as these are exempt under various provisions of the act. ..... 5,16,118/- by observing as under: "after hearing the arguments of the learned ar and after going through the several documents, filed by the appellant, in the form of the paper book, being the copy of the registration act 1908, the copy of declaration of dissolution of the trust, the copies of acknowledgement of returns of income of other two beneficiaries and the copy of acknowledgement of the last return of income filed in respect of s n shah family trust, ..... chapter iv of the income tax act 1961, provided five heads of income, the first four being specific heads of income, whereas the fifth one ..... learned counsel is that dividend income is not exempt from tax but the legislature intended to collect the tax indirectly by deducting tax in the hands of company. ..... as under: section 14a:" for the purpose of computing total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under this income tax act 1961 ....".19. ..... of chapter iv .....

Mahavir Generics Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(95)ECC54

..... when service tax was introduced on clearing and forwarding agent service under chapter 5 of finance act 1944 w.e.f.16.7.97 the appellants got themselves registered with the central excise authorities and started paying service tax on the commission received by them from m/s ..... under the scheme of the finance act 1994 with relation to service tax, the tax liability is attached to the taxable ..... the agent will register himself as a dealer under the local sales tax act and the general sales tax act and will furnish the sales tax registration numbers to the principal before the first despatch of the product commences. ..... the definition of the term "clearing agent" is found in clause (25) of section 65 which reads as follows:- "(25) 'clearing and forwarding agent' means any person who is engaged in providing any service either directly or indirectly, connected with the clearing and forwarding operations in any matter to any other person and includes a consignment agent. ..... assistant commissioner of central excise, service tax cell, bangalore-i commissionerate vide his order dated 31.12.2001 directed the appellant to continue their registration as clearing and forwarding agent and to comply with the provisions of finance act, 1994 and the rules thereunder. ..... is contended that later on realizing that the services rendered by them would not amount to a taxable service as one rendered by a clearing and forwarding agent the surrendered the certificate of registration under letter dated 29.1.2001. .....

Commissioner of Central Excise and Service Tax Vs. Simplex Infrastruct ...

Court : Delhi

..... engineer means any professionally qualified engineer or an engineering firm who, either directly or indirectly, renders any advice, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering; xxxx 4 xxxx xxxx xxxx xxxx it may be relevant to point out that the words an engineering firm appearing in the above definition, were substituted by the finance act, 2006 with effect from 01.05.2006 with the words any body corporate or any ..... the definition of consulting engineer as provided in section 65(31) of the finance act, 1994, as it existed during the relevant period, did not employ the ..... the respondent would be covered by the definition of consulting engineer in section 65(31) of the finance act, 1994 as it existed at the relevant time. ..... of the impugned order, we find that the karnataka high court has also taken the view that the expression consulting engineer as it appeared in section 65(31) of the finance act, 1994, at the relevant time (i.e. ..... which is sought to be raised in the present appeal is whether the definition of consulting engineer as appeared in section 65(31) of the finance act, 1994 as applicable to the period 1997-2001, includes a company or not. ..... 1 this appeal has been filed on behalf of the revenue being aggrieved by the order dated 13.07.2011 passed by the customs, excise & service tax, appellate tribunal, principal bench, new delhi in st/appeal no. ..... definitions in this chapter, unless the context otherwise requires:xxxx xxxx .....

Rhythm Exports (P) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)2SOT429(Mum.)

..... in view of this assessing officer is required to disallow expenditure incurred in relation to earning of dividend income which is exempt under section 10(33) of the income tax act, 1961.section 14a was inserted by the finance act, 2001, with retrospective effect from 1-4-1962. ..... 73,608 under section 14a of the income tax act, 1961 for the assessment year 2001-02.the assessee is a company engaged in the business of export and investment ..... not directly relatable to earning of dividend so also payment stamp ditty, transfer fee and safe custody are not related to earning of dividend and are not to be deducted for the purpose of section 80m of the act.the learned cit(a) found that the decision is distinguishable because hon'ble supreme court in the case of cit v. ..... the expression, used in section 14a of the income tax act, "has both (direct significance as well as indirect significance), the kolkata bench of the tribunal held". ..... 608 only as expenses attributable to earning of dividend which is claimed exempt under section 10(33) of the income tax act, 1961. ..... , dividend is exempt under section 10(33) of the income tax act, 1961. ..... but section 14a of income tax act provides that for the purpose of computing total income under chapter-iv (i.e. ..... 170 which is claimed as exempt under section 10(33).assessing officer accordingly asked the assessee to explain as to why the provision of section 14(a) should not be invoked because dividend is claimed exempt under section 10(33) of the income tax act, 1961. .....

All India State Bank Officers Federation and State Bank of India Offic ...

Court : Mumbai

Reported in : (2006)206CTR(Bom)562; [2007]288ITR614(Bom)

..... act, all income for the purposes of charge of income tax and computation of total income shall be classified under the following heads of income:(a) salaries (b) interest on securities (omitted by finance act ..... indirectly under any employees' stock option plan or scheme of the ..... act ..... act ..... tax ..... tax ..... , 1948 (46 of 1948) or, as the case may be, section 6c of the employees' provident funds and miscellaneous provisions act ..... tax ..... tax act ..... tax ..... tax act ..... tax act ..... tax act ..... tax act ..... tax ..... tax act ..... tax act ..... taxing ..... tax ..... tax ..... tax ..... tax act, 1922 and section 10(26) of income-tax act, 1961 exempted members of scheduled tribes staying in certain territories including khasi & jaintia hills from payment of income tax ..... tax under case i, ii or iii shall, except as hereinafter mentioned, be chargeable on the full amount of the emoluments falling under that case, subject to such deductions only as may be authorised by the income tax acts ..... 2001] (iv) any sum paid by the employer in respect of any obligation which, but for such payment, would have been payable by the assessee; (v) any sum payable by the employer, whether directly or through a fund, other than a recognised provident fund or an approved superannuation fund or a deposit-linked insurance fund established under section 3g of the coal mines provident fund and miscellaneous provisions act ..... act ..... tax act is the charging section, which authorises the levy of income tax ..... taxed ..... tax ..... tax ..... tax ..... tax act ..... tax everything in order to tax ..... taxed ..... taxes and the concerned income tax ..... act ..... finance act, 2000 w.e.f. .....

V. Shanmughavel and anr. Vs. Commissioner of Central Excise and ors.

Court : Chennai

Reported in : 2001(131)ELT14(Mad); [2002]254ITR717(Mad); (2001)2MLJ581; 2006[2]STR466; [2007]6STT183

..... in the instant petition, the petitioner claims a writ of prohibition or any other writ, prohibiting the respondent from invoking the provisions of section 88, chapter vi of the finance act, 1997, for the purpose of levy and collection of service tax from the members of the petitioner institute on and from july 7, 1997, in respect of the services rendered by the petitioner's members as 'valuers' of the properties, plant and machinery, etc. ..... it reads as follows ;' 'consulting engineer' means any professionally qualified engineer or an engineering firm who, either directly or indirectly, renders any advice, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering.'5. ..... similarly, it was pointed out that the members of the petitioner-institution could be covered under the definition of 'consulting engineer' as they were professionally qualified engineers and were directly or indirectly rendering consultancy or technical assistance to a client in one or more disciplines of the engineering. ..... he may be required to make;(ii) furnish a report of such valuation in the prescribed form ;(iii) charge fees at a rate not exceeding the rate or rates prescribed in this behalf;(iv) not undertake valuation of any asset in which he has a direct or indirect interest. .....