Judgment Search Results Home > Cases Phrase: finance act 2002 section 76 amendment of section 194h Court: andhra pradesh

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... 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; ..... in this writ petition, the petitioner seeks a declaration that section 65(19) of the finance act, 1994, as amended by the finance act of 2003, has no application to the petitioner's service namely 'registrar and transfer agency ..... the show cause notice was issued 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 ..... 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 .....

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

..... to validate 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. ..... 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 to .....

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). .....

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

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... sub-clause (zp) as incorporated by finance act, 2002 with effect from 16-8-2002 and sub-clause (zm) as amended by finance act, 2004 with effect from 10-9-2004 read thus:(zp)to a customer, by a body corporate other than the body corporate referred to in sub-clause (zm), in relation to banking and other ..... 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. ..... on a conjoint reading of section 45-i(f) of the reserve bank of india act read with sections 65(73), 65(11), and section 65(90) (zm) as they stood prior to amendment by the finance act, 2004, it was only a non-banking financial company which had as its principal business the receiving of deposits, under any scheme or arrangement or lending in any other manner, which could be said to be providing taxable ..... said certificate of registration, the status of the petitioner continued to be that of a non-banking financial company, that the petitioner was therefore covered under clause (ii) of section 45-i(f) of the reserve bank of india act, 1934 and while the petitioner started paying service tax with effect 15-8-2002 they were required to pay service tax with effect from 16-7-2001, inasmuch as the certificate of registration to carry on the business of a non-banking financial company was .....

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

Court : Andhra Pradesh

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

..... , chit fund fall 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 is valid?10. ..... under the finance act, 2007, which came into effect from 1.6.2007, the sub-clause 5 of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management'. ..... venkata ramana, 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 transactions in clear words. ..... the petitioners specifically raised a plea in the affidavit filed in support of the writ petition that at the time of introduction of the service tax before 1994 or later when the finance act has undergone amendment and during the discussions of the budget proposals, no indication was given by the finance minister to extend the provisions of service tax to the chit funds business. ..... it is pointed out that the second respondent herein as per circular dated 15.3.2002 stated that the reserve bank of india advised that the business of chit funds is to mobilize cash from the subscribers and therefore falls under cash management. .....

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

Court : Andhra Pradesh

Reported in : 2009[13]STR350

..... , chit fund fall 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 is valid?9. ..... under the finance act, 2007, which came into effect from 1-6-2007, the sub-clause (5) of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management'. ..... venkataramana, 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 transactions in clear words. ..... the petitioners specifically raised a plea in the affidavit filed in support of the writ petition that at the time of introduction of the service tax before 1994 or later when the finance act has undergone amendment and during the discussions of the budget proposals, no indication was given by the finance minister to extend the provisions of service tax to the chit funds business. ..... it is pointed out that the second respondent herein as per circular dated 15-3-2002 stated that the reserve bank of india advised that the business of chit funds is to mobilize cash from the subscribers and therefore falls under cash management. .....

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, such service rendered. ..... 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 the services i.e. ..... further, the service 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. ..... though ex.a1 is dt.26.12.2009, ex.a2 is dt.29.1.2010, the notification no.35/2011 relied upon by the complainant in his written arguments deals with amendment of service tax rules, which has come into effect only from first day of may,2011 whereunder an option is given to insurance company to pay in either ways provided thereunder, however it is made clear there under that ..... a8 to show that lic of india and sriram life insurance are not collecting the service tax as these policies are existing before 2009 and are following the law as per the internet citation notification no.8/2002-service tax dt.1.8.2002 person liable to pay is insurer. .....

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

..... therefore, it 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 in days ..... said 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. ..... the 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. ..... 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. ..... under the direct tax enactment or indirect tax enactment under which the proceedings against the declarant are or were pending shall be deemed to have been revived; provided further that the designated authority may amend the certificate for reasons to be recorded in writing. .....

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 ..... 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 ..... 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 ..... under the direct tax enactment or indirect tax enactment under which the proceedings against the declarant are or were pending shall be deemed to have been revived :provided further that the designated authority may amend the certificate for reasons to be recorded in writing .....

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 .....