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Judgment Search Results Home > Cases Phrase: finance act 2001 section 71 insertion of new section 194h Court: andhra pradesh

Aug 09 2005 (HC)

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in the contract of sale of goods (securities ..... , during the relevant period, as share transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued ..... purposes of this clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing of service .....

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Jan 27 2005 (HC)

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

..... the imposition of the said tax and also in furtherance of rectifying the defects in law pointed out by the supreme court, the parliament amended sections 68 and 70 retrospectively and a new section 71a was inserted in finance act of 1994 to validate the collection of service tax from the users of goods transport operator services for the period from 16.7.1997 to 1.6.1998. ..... to in sub-clauses (g), (h), (i), (j), (k), (l), (m), (n) and (o) of clause (41) of section 65 which are provided to any person by the person responsible for collecting service tax.sections 65(7), 65(18a) and 65(18b) of finance act, 2000 reads as under:section 65(7) : 'assessee' means a person liable for collecting the service tax and includes-(i) his agent; or(ii) in relation to services provided by a clearing and forwarding agent, every ..... transport operator' means any commercial concern engaged in the transportation of goods but does not include a courier agency.section 65(41)(m): 'taxable service' means any service provided (a) xx xx xx (b) xx xx (c) xx xx xx (m) to a customer, by a goods transport operator in relation to carriage of goods by road in a goods carriage.section 66(3) : 'with effect from the date notified under section 84 of the finance act, 1997 (26 of 1997), there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred ..... : [2001]2scr378 .....

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Feb 13 1995 (HC)

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or ..... interpreting the said definition, the division bench observed as follows (page 811) : 'for holding that the assessee in an 'industrial company' as defined in section 2(6)(c) of the finance act, 1969, it must be held that it is 'mainly engaged in the processing of goods'. ..... the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. ..... proper question on these facts should be 'whether the assessee-company is an 'industrial company' within the meaning of section 2(7)(c) of the finance act, 1978;' and accordingly we reframe the question as noted above. 10. ..... before we construe the definition of the 'industrial company' in section 2(7)(c) of the finance act, 1978, it would be useful to notice the findings of fact recorded by the tribunal. ..... reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... ..... may be appropriate to note here the provisions of section 2(7)(c) of the finance act, 1978 : '2(7)(c). .....

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Aug 08 2005 (HC)

Karvy Consultants Ltd. Vs. Asstt. Commr. of Cus. and C. Ex.

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... it is also contended that the petitioner is covered by the definition of 'banking and other financial services' under section 65 of the finance act, 1994 as amended by the finance act, 2001, in view of it being granted the certificate of registration under section 45-i(f) of the reserve bank of india act. ..... in this writ petition the petitioner seeks a declaration that section 65(90) read with 65(11) of the finance act, 2001 has no application to the petitioner company upto 16-8-2002 and to consequently interdict the assistant commissioner of customs and central excise, hyderabad-ii commissionerate (1st respondent) from proceeding further with the show cause notice hqor/32/ ..... section 65(73) of the finance act, 2001 defined the expression 'non-banking financial company' to have the same meaning assigned to it in clause (f) of section 45(1) of the reserve bank of india act. ..... section 65(11) of finance act, 2001 defined 'banking and other financial service' to mean :(a) the following services provided by a banking company or a financial institution including a non-banking financial company namely :(i) financial leasing services including equipment leasing and hire-purchase by a ..... section 65(90) of finance act, 2001 defines 'taxable service' to mean :any service provided to a customer by a banking company or a financial institution including a non-banking financial company, in relation to banking and other financial services.6. .....

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Jul 14 2008 (HC)

The Andhra Pradesh Federation of Chit Funds, a Public Society Rep. by ...

Court : Andhra Pradesh

Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)

..... , learned senior counsel appearing on behalf of the petitioner mainly contended that merely because of deletion of certain expressions under the aforesaid sub clause (12) of section 65 of the finance act, 2007, the nature of business done by the petitioner cannot be roped in, as long as the levy is not made specifically in respect of such ..... within the mischief of expression 'cash management', as amended under sub section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents ..... action, the respondents are only trying to enlarge the scope of sub clause 12 of section 65 of the finance act, 2007 by way of circular without there being any legislative sanction or statutory basis. ..... further, it has been pointed out that as per section 41(1) of the reserve bank of india act, 1934, chit funds are categorized as financial institutions and therefore sub clause 12 of section 65 of the finance act, 2007 by deletion of expression 'cash management' attracts the ..... there is no dispute to the fact that initially the finance act, 1994 prescribes levy of service tax and the relevant provision for the purpose is sub section (12) of section 65, which reads as under;banking and other financial services' means;a) the following services provided by a banking company or a financial institution including a non-banking financial company or any other ..... respondents herein cannot levy a tax for the first time on a totally new arena by issuance of a circular. .....

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Jul 14 2008 (HC)

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : 2009[13]STR350

..... learned senior counsel appearing on behalf of the petitioner mainly contended that merely because of deletion of certain expressions under the aforesaid sub-clause (12) of section 65 of the finance act, 2007, the nature of business done by the petitioner cannot be roped in, as long as the levy is not made specifically in respect of ..... within the mischief of expression 'cash management', as amended under sub-section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents ..... action, the respondents are only trying to enlarge the scope of sub clause (12) of section 65 of the finance act, 2007 by way of circular without there being any legislative sanction or statutory basis. ..... further, it has been pointed out that as per section 41(1) of the reserve bank of india act, 1934, chit funds are categorized as financial institutions and therefore sub-clause 12 of section 65 of the finance act, 2007 by deletion of expression 'cash management' attracts the ..... there is no dispute to the fact that initially the finance act, 1994 prescribes levy of service tax and the relevant provision for the purpose is sub-section (12) of section 65, which reads as under:banking and other financial services' means;(a) the following services provided by a banking company or a financial institution including a non-banking financial company or any other ..... respondents herein cannot levy a tax for the first time on a totally new arena by issuance of a circular. .....

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Jan 30 2013 (TRI)

Dandu Krishna Murthy Raju Vs. the Branch Manager of Max Newyork Life I ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... coming to the second ground urged by the complainant in the appeal, under section 66 of finance act, the service tax at the rates applicable will have to be collected by the person rendering service from the person or customer, in whose favour, ..... as per section 83 of the finance act,1994 read with section 12b of the central excise act, 1944, the incidence of service tax falls on the recipient of ..... provider who is responsible for collecting the service tax, has to get himself registered under section 69 and has to furnish the prescribed return, periodically, under section 70 of finance act. ..... section 68 provides that an insurer who is providing taxable services for any person shall collect the service tax at the rates specified under section 66 of the finance act ..... to mention that if service provider, who is responsible for collecting the tax but fails to collect such tax is also liable to pay penalty equal to the tax, apart from interest there on, as per section 76 of the finance act. ..... admitted fact that as per clause 19 of the terms and conditions of policies, the policy shall be governed by and subject to laws of republic of india and the service tax is charged as per the provisions of the finance act which is law passed by the government of india. ..... the terms and conditions of the policies, the policy shall be governed by and subject to the laws of republic of india and service tax is charged as per the provisions of the finance act, which is law passed by the government of india. .....

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Apr 27 2001 (HC)

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Reported in : 2001(4)ALD51; 2001(4)ALT160

..... would be appropriate to look into the exact provision, which contemplates the payment of the tax, after receiving the intimation.section 90 of the finance act provides for determination and payment of the tax in pursuance of the declaration filed under section 88 of the finance act, which reads as under:90. ..... it was held by the gujarat high court that the language of section 67(1) of the finance act is very clear that the declarant has to make payment of tax within three months from the date of filing of the declaration and the department could not insist that the period should be counted ..... declaration was for the assessment years 1993-94 and 1994-95, showing the tax arrears at rs.74,390/- and rs.1,14,598/- respectively, a certificate of intimation in form 2-a under section 90(1) of the finance (no.2) act, 1998 was issued to the petitioner. ..... dispute is whether the said presentation of the cheque on 27-3-1999 would amounts to the payment of tax within the time prescribed under section 90(2) of the finance act, 1998. ..... contended that though the tax payable under the scheme was paid on 30-3-1998, he was not granted a certificate under section 68(2) of the finance act, 1997. ..... as per section 67 of the finance act, 1977, the petitioner has to make payment of tax on the disclosed income within three months from the date of filing ..... payment of tax was within the period prescribed and the petitioner was entitled for the grant of certificate under the provisions of section 68(2) of the finance act. .....

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Apr 27 2001 (HC)

K. Venkata Reddy Vs. Cit and anr.

Court : Andhra Pradesh

Reported in : (2001)169CTR(AP)41; [2001]250ITR147(AP)

..... . it was held by the gujarat high court that the language of section 67(1) of the finance act is very clear that the declarant has to make payment of tax within three months from the date of filing of the declaration and the department could not insist that the period should be counted in days ..... could be made that would be the date where the conditional acceptance of a post-dated che ue becomes actual payment when honoured....where a post-dated che ue is accepted conditionally and it is honoured, the payment for purposes of section 20 of the limitation act, can only be on the date which the che ue bears and cannot be on the date the che ue is handed over, for the che ue, being post-dated, can never be paid till the date on ..... . the petitioner contended that though the tax payable under the scheme was paid on 30-3-1998, he was not granted a certificate under section 68(2) of the finance act, 1997 ..... . as per section 67 of the finance act, 1997, the petitioner has to make payment of tax on the disclosed income within three months from the date of filing the declaration ..... . therefore, the payment of tax was within the period prescribed and the petitioner was entitled for the grant of certificate under the provisions of section 68(2) of the finance act ..... .'s case (supra), with reference to the voluntary disclosure of income scheme, 1997, under the finance act, 1997 ..... . 2) act provides for determination and payment of the tax in pursuance of the declaration filed under section 88 of the finance (no .....

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Feb 26 1991 (HC)

Techno Pack Ltd. Vs. Assistant Collector of Central Excise

Court : Andhra Pradesh

Reported in : 1991(1)ALT542; 1991(33)ECC130; 1991(55)ELT158(AP)

..... act, was not being levied under section 3 of the said act during the period commencing on the 25th november, 1978 and ending with the 22nd october, 1982, hereby directs that the whole of the duty of excise leviable under the said act, and the special duties of excise leviable under - (a) sub-section (1) of section 37 of the finance act, 1978 (19 of 1978); (b) sub-section (1) of section 32 of the finance act, 1979 (21 of 1979); (c) sub-section (1) of section 5 of the finance act, 1980 (13 of 1980); (d) sub-section (1) of section 49 (1) of the finance act, 1981 (16 of 1981); and (e) sub-section (1) of section 50 of the finance act ..... it is at that juncture that the petitioners filed the present writ petition, contending that in view of the notification dated 16-10-1984 issued under section 11c of the act, the recovery of duty is not permissible under law and that, therefore, the authorities have no jurisdiction to recover the same in view of the provisions of article ..... , issued a show-cause notice dated 17-11-1983, in exercise of his powers under section 11a of the act, calling upon the 1st petitioner to show cause why an amount of rs. ..... in exercise of the powers conferred by section 11c of the central excises and salt act, 1944 (1 of 1944), the central government, being satisfied that according to a practice that was generally prevalent regarding levy of duty of excise (including non-levy thereof) under the said act, the duty of excise on polyethylene films, all sorts, of thickness .....

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