Judgment Search Results Home > Cases Phrase: finance act 2001 section 71 insertion of new section 194h Court: supreme court of india Page 1 of about 2 results (0.136 seconds)

Singapore Airlines Ltd. Vs. C.i.t.,delhi

Court : Supreme Court of India

..... the question that arises for our consideration pertains to the interpretation of section 194h of the income tax act, 1961 ( it act ) as introduced by the finance act, 2001, with effect from 01.04.2000. ..... not to be imposed in certain cases: notwithstanding anything contained in the provisions of clause (b) of sub section (1) of section 271, section 271a, section 271aa, section 271b, section 271ba, section 271bb, section 271c, section 271ca, section 271d, section 271e, section 271f, section 271fa, section 271fb, section 271g, clause (c) or clause (d) of sub section (1) or sub section (2) of section 272a, sub section (1) of section 272aa, or sub section (1) of section 272bb or sub section (1a) of section 272bb or sub section (1) of section 272bbb or clause (b) of sub page 47 of 53 section (1) or clause (b) or clause (c) of sub section (2) of section 273, no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the ..... the act has, therefore, inserted a new section 194h relating to deduction of tax at source from income by way of commission (not being insurance commission referred to in section 194d) and brokerage. ..... insertion of a new provision for deduction of tax at source from payments in the nature of commission or brokerage 73.1 an effective method of widening the tax base is to enlarge the scope of deduction of income tax at source. ..... sundresh) new delhi: november 14, 2022 page 53 of 53 ..... new delhi ..... .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee ..... although under the act section 4 is the charging section income tax can be charged only where the central act which, in the present case, will be the finance act enacts that income shall be charged for any assessment year at the ..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect ..... meaning of the word 'surcharge' as given in the webster's new international dictionary includes among others 'to charge; (one) too much .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... the explanation to section 65, which was inserted by the finance act of 2006, reads as follows: explanation: for the purposes of this section, taxable service includes any taxable service provided or to be provided by any unincorporated association or body of persons to a member thereof, for cash, deferred payment or any other valuable consideration: 79. ..... the finance act, 2007 brought 7 new services under the service tax net and six telecom related services were omitted and merged into one new category of taxable service. ..... further, the finance (no.2) act, 2004 brought 13 new services under service tax which included reintroduction of service tax on 3 services and also made applicable service tax on risk cover in life insurance under the life insurance service, whereas this service was introduced in ..... its scope was further widened by the finance act, 2001 when service tax was extended to include fifteen more services. ..... with effect from 1st july, 2012, sections 65 and 65a were made inapplicable, and a new section 65b introduced, in which under section 65b(37), the term person was defined as follows: (37) person includes,- (i) an individual, 65 (ii) (iii) (iv) (v) (vi) (vii) a hindu undivided family, a company, a society, a limited liability partnership a firm, an association of persons or body of individuals, whether incorporated or not, (viii) government, (ix) (x) a .....

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

..... learned counsels appearing in different appeals filed by the assessee assailed the impugned judgment by contending that provisions of section 271(1)(c)(iii) prior to 1.4.1976 and after its amendment by the finance act, 1975 with effect from 1.4.1976, later provisions being applicable to the assessment year in question, being substantially the same, the high court in ..... provisions of section 143 (1a) and 271(1)(c) are pari materia and were similarly interpreted by different high courts, while section 143(1a) was amended by finance act, 1993 with retrospective effect from 1.4.1989, the provisions of section 271(1)(c) have been amended much later by finance act, 2002 with ..... declared dividends in that year amounting to rs.3,29,062 and the question was whether this amount was 'excess dividend' within the meaning of paragraph b of part i of the first schedule to the finance act, 1951, and additional income-tax could be levied in respect thereof:it was held by this court that:the word 'additional' in the expression 'additional income-tax' must refer to a state ..... singh's case (supra), distinguishing the same on facts stating that the said decision related to the period prior to 1.4.1976 and therefore, had no application because explanation 4 inserted in section 271(1)(c) with effect from 1.4.1976 in the statute was not considered by the punjab and haryana high court and for similar reason held that the decision of this court upholding ..... 2001 ..... , new delhi : [1979]120itr1(sc) , that the law to be .....

M/s. Total Environment Building Systems Pvt Ltd. Vs. The Deputy Commis ...

Court : Supreme Court of India

..... said case it was held that service tax on composite works contract was not leviable prior to the amendment made to the finance act, 1994, in the year 2007, whereas according to her, in fact, it was leviable even prior thereto and the amendment made to the finance act, 1994, in the year 2007 by insertion of section 65(105)(zzzza) is only clarificatory in nature. ..... split so that only the labour and service element of such contracts would be taxed under the heading "service tax".9) it is in the above backdrop that the definition of works contract inserted for the first time by virtue of section 65(105)(zzzza) under the finance act, 2007 assumes significance and has to be applied w.e.f. ..... work, duct work and sheet metal work, thermal insulation, sound insulation, fire proofing or water proofing, lift and escalator, fire escape staircases or elevators; or 36 (b) construction of a new building or a civil structure or a part thereof, or of a pipeline or conduit, primarily for the purposes of commerce or industry; or (c) construction of a new residential complex or a part thereof; or (d) completion and finishing services, repair, alteration, renovation or restoration of, or similar services, in relation to (b) and (c); or (e) turnkey projects ..... union of india and others, (2001) 1 scc91this court refused to 26 indulge on the question of delegated legislation in taxing statute since the authority of the legislature in ..... jaswal, (2001) 1 scc748has observed as under:- consistency is the .....

Tamil Nadu Kalyana Mandapmam Am Assn. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Reported in : AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); [2004]267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ

..... petition runs as follows:-'it is prayed that this court may be pleased to issue a writ of declaration or any other appropriate writ, order or direction in the nature of a writ of declaration declaring that the provisions of chapter v of the finance act, 1994 and, in particular, sections 66, 67(o) and rule 2(1)(d)(ix) of the service tax rules, 1994 and other provisions insofar as it relates to kalyana mandapmam ams and mandapmam -keepers are illegal, ultra vires and unenforceable and liable to be struck down as unconstitutional ..... in clause (41) of section 65 of the finance act, 1994, few sub-clauses were inserted and insofar as they are relevant to this appeal, they are reproduced herein- below:-'(41) (p) 'taxable service' means any service provided to a client, by a mandapmam - keeper in relation to the use of a mandapmam in any manner including the facilities ..... section 66 of the finance act, 1994 was sought to be replaced by a new section which is reproduced hereinbelow:-'section 66(1) - on and from the commencement of this chapter, there shall be charged a tax (hereinafter referred to as service tax) @ 5% of the value of the taxable services referred to in sub-clauses (a), (b) and (d) of clause 41 of s. ..... the present appeal is directed against the judgment and order dated 30.04.2001 in writ petition no. ..... the division bench of the high court dismissed the batch of writ petitions including the writ petition filed by the appellant-association herein vide order dated 30.04.2001.22. .....

Cc And Ce And St Noida Vs. M/s Interarch Building Products Pvt. Ltd.

Court : Supreme Court of India

..... respondent has made the following submissions: (i) that the composition scheme is optional as per rule 3(1) of the composition rules; (ii) provisions of rule 2a of the valuation rules are subject to the provisions of section 67 of the finance act, 1994; (iii) once the provisions of section 67 of the finance act, 1994 have been complied civil appeal no.11330 of 2018 page 42 of 64 43 with, neither the question of applicability of rule 2a of the valuation rules arise nor was there any question of forcibly ..... tax under works contract service has the legal right not to follow rule 2a of the service tax (determination of value) rules, 2006 nor the composition scheme on the ground that in terms of section 67 of the finance act, 1994 an assessee is entitled to take the total contract value which includes both goods and services and remit service tax on the entire value as works contract service and in the process also entitled ..... submitted that post 01.07.2012, the finance act, 1994 underwent major amendments by the insertion of both negative list and declared ..... under cenvat credit rules, 2004 or to pay service tax under the head construction services by opting for abatements specified in notification under 15/2004 ht, as amended from time to time or replaced with new notification; or to pay service tax under the head works contract services either in terms of rule 2a of the valuation rules or in terms of the composition rules. ..... (krishna murari) new delhi, may 2, 2023 civil appeal no.11330 of .....

M/S. Ponds India Ltd. Vs. Collector of Central Excise, Madras

Court : Supreme Court of India

Reported in : AIR1997SC1708; 1997(58)ECC1; 1997(90)ELT3(SC); JT1997(1)SC729; 1997(1)SCALE484; (1997)2SCC577; [1997]1SCR541

..... there was no levy for a long period of time of special excise duty until it levied with effect from 1st march, 1978, under the provisions of section 37 of the finance act, 1978, which read thus:(1) in the case of goods chargeable with duty of excise under the central excise act as amended from time to time, read with any notification for the time being in force issued by the central government in relation to the duty so ..... for the period 1st march, 1987, until 28th february, 1988, special excise duty had been levied under a provision in the finance act, 1987, similar to that quoted, but during this period, by reason of a notification issued under the provisions of rule 8 of the central excise rules with simultaneous effect, there was a ..... under the terms of the finance acts, special excise duty is so levied as to cease to have effect at the ..... being levied from 1963 upto 1971 by various finance acts passed from time to time. ..... be liable to bear special excise duty as levied after 1st march, 1988, for the reason that the special excise duty that operated subsequent to 1st march, 1988 was a new levy under a different statute and distinct from that which operated during the period 1st march, 1987 until 28th february, 1988. ..... the provisions of these finance acts, insofar as the levy of special excise ..... said goods manufactured by the appellants prior to 28th february, 1988, and cleared after 1st march, 1988, were not liable to the fresh special excise duty levied by the finance act, 1988. .....

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

..... determination: whether on the facts and circumstances of this case, the finance act, 2001 ('fa' for short) was applicable to 'block assessment' under chapter xiv-b in respect of the search carried out on 17.1.2001; secondly, whether the proviso inserted in section 113 by the finance act, 2002 is clarificatory?whether finance act, 2001 was applicable to block assessment under chapter xiv-b up to 1.06.2002 ..... 'block period' as against assessment of income of the 'previous year' under section 4(1) of the act; that, under chapter xiv-b 'undisclosed income' is assessed at 60% in terms of section 158ba(2) read with section 113 as against taxation of normal income at the rates prescribed in the relevant finance act; that, the provisions of the finance act are not found in the block assessment scheme under chapter xiv-b up to 1.06.2002 and, therefore, according to the assessee, finance act, 2001 was not applicable to chapter xiv-b. ..... under the provisions of section 2(1) of the finance act, 2001, which is made subject to sub-section (3) of that section, the-assessee is entitled to claim that income-tax on his undisclosed income to be calculated by applying the rate or rates as prescribed in the finance act, 2001, but he cannot claim that the amount of income-tax so determined should not be ..... the essence of this new procedure, therefore, is a separate single assessment of the 'undisclosed income', detected as a result of search and this separate assessment has to be in addition to the normal .....

All India Haj Umrah Tour Organizer Association Mumbai Vs. Union Of Ind ...

Court : Supreme Court of India

..... the taxable territory is defined in clause 52 of section 65b of the finance act to mean the territory to which the provisions of the relevant chapter service tax statutory provisions containing sections 64 to 114 of the finance act apply. ..... submitted that as service rendered to haj pilgrims is not a part of the negative list under section 66-b of the finance act, 1994, it is taxable from 1st july 2012.26. ..... by exercising the power under section 66c of the finance act, the 2012 rules were enacted and were brought into force with effect from 1st july 2012 ..... sub- section (1) of section 64 of the finance act provides that the relevant chapter extends to the whole of india except the state 27 of jammu and ..... this group of petitions, we are concerned with the negative service tax regime, which was introduced with effect from 1st of july 2012 by incorporation of sections 66b and 66c by the finance act, 2012. ..... place of provision generally - the place of provision of a service shall be the location of the recipient of service: provided that in case of services other than online information and database access or retrieval services (inserted vide notification 46/2012- service tax) where the location of the service receiver is not available in the ordinary course of business, the place of provision shall be the location of the provider of service. ..... commissioner of service tax, new 3 2007 (7) scc52713 delhi4 ..... ravikumar) new delhi; july 26, 2022 ..... there is no justification for granting a new exemption. .....