Judgment Search Results Home > Cases Phrase: finance act 2005 section 113 amendment of act 5 of 1873 Page 10 of about 2,381 results (0.152 seconds)

The Additional Commissioner, Central Excise, Madurai Vs. M/s. Strategi ...

Court : Chennai Madurai

..... by section 88 of the finance act, 2005, section 65(39a) was amended. ..... therefore, it is clear that before the amendment to section 65(39a) under finance act, 2005, installation of plumbing, drain laying or other installations for transport of fluids was not included within the definition of "erection, commissioning or installation". ..... it could be seen from the amendment to section 65(39a), introduced under finance act, 2005, that the definition of "erection, commissioning or installation" was extended so widely as to include (i) electrical and electronics devices, (ii)plumbing, (iii)heating, ventilation or air-conditioning, (iv) thermal insulation, (v) lift and escalator, and (vi) such other similar services. 15. ..... therefore, a show cause notice, dated 30.05.2005, was issued on the ground that they are liable to pay service tax on the value of the service rendered by them under the category of "erection, commissioning or installation services" during the period from 01.07.2003 to 31.10.2003, under the proviso to section 73(1) of the finance act, 1994. ..... by section 90 of the finance (no.2) act, 2004, section 65(28) was omitted and a new section 65(39a) was inserted with effect from 10.09.2004. ..... was that they were engaged only in the business of laying down pipelines and that therefore the same would not come within the purview of the expression "plant, machinery or equipment" so as to attract the provisions of section 65(29) of the finance act, 2003. .....

Cce Vs. Super Sales Agencies Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2005)(119)LC192Tri(Chennai)

..... in order to get over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period, 16.7.1997 to 16.10.1998 under section 116 of the finance act, 2000, whereby recipients of 'goods transport' service and 'clearing and forwarding' service were defined as "assessees". ..... such demands are not effected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra). ..... later on, the finance act, 2003, make certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from 14.5.2003 (date on which the finance act, 2003 received presidential assent). ld. ..... but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). ..... the rule allowed a grace period of six months from 13.5.2003 for filing service tax return, to those assessees who had not so far filed return in terms of the amended provisions of the finance act, 1994. ..... also proposed to levy interest on tax and to impose penalty on the assessee, came to be adjudicated upon by the original authority, which, apart from confirming the demand of service tax, charged interest on the tax amount under section 75 of the finance act. .....

Commissioner of Income-tax Vs. Industrial Promotion and Investment Cor ...

Court : Orissa

Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)

..... has undergone several amendments by the finance act, 1966, with effect from april 1, 1966 ; the finance (no. ..... of the opinion that the assessee was entitled to deduction of 4d per cent, of the total income under section 36(1)(viii) of the act, but limited the same to the reserve created of rs. ..... on being moved by the revenue under section 256(1) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal'), has referred the following questions to this ..... view of this conclusion, the revenue moved for a reference under section 256(1) and, as aforestated, two questions have been referred to ..... holding that the deduction permissible under section 36(1)(viii) of the act was to be calculated on the assessee's total income as it stood before the deduction allowable under section 36(1)(viii) of the act. ..... dispute as to what would be the quantum of deduction, it is relevant to refer to section 36(1)(viii) of the act as it stood at the relevant time.'36. ..... and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the total income on which deduction under section 36(1)(viii) of the income-tax act, 1961, has to be computed must be calculated before deducting relief allowable under section 36(1)(viii) ?' 2. ..... the legality of the latter view, but carried the matter in appeal so far as the direction of the commissioner relating to deduction under section 36(1)(viii) of the act was concerned. .....

Great Eastern Shipping Co. Ltd. Vs. Commissioner of Income-tax, Bombay ...

Court : Mumbai

Reported in : [1979]118ITR609(Bom); [1979]1TAXMAN393(Bom)

..... the headnote of the aforesaid supreme court decision may be fully set out : 'all that the second proviso to paragraph d of part ii of schedule i to the finance act, 1959, provides for is that if there is any unabsorbed reduction of rebate in the assessment year 1958-59, then that can be taken into consideration while allowing rebate in the assessment year 1959-60. ..... 9 the relevant extracts from the finance act, 1957, finance act, 1958, and finance act, 1959, and has thereafter held that on a careful reading of the provisions of sub-clause (a) of clause (i) of the second proviso to para. ..... it was urged on behalf of the assessee before the tribunal by the assessee's counsel that when the assessee had no assessable income for the assessment year 1957-58, the question of the application of the finance act did not arise and consequently other provisions in the relevant schedule would not apply. ..... the supreme court has construed the very provisions in the several finance acts which we are required to construe and on that held in favour of the assessee. ..... on behalf of the revenue, the department representative contended before the tribunal that the provisions of the finance act were required to be applied whether there was assessable income or not. ..... the revenue relied on the scheme of the act and the language employed in the finance act for the assessment year under consideration. .....

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1990)(30)LC491Tri(Mum.)bai

..... all the same, we observe that section 51 of the finance act is intended to validate levies and also to enable recoveries of duties not having been paid in respect of captively consumed goods prior to the amendments of rules 9 and 49 of the rules. ..... 11a of cesa because section 51(2)(d) of the finance act is only in respect of recoveries to be effected prior to the amendment of rule 9 and 49 of the central excise rules on 20-2-82. ..... hence it could be that the authority who issued the show cause notice had the misconception that the notice could be issued under section 51 of the finance act as well, so long as it is within the purview of the time limit prescribed under section 11a of the cesa.probability of such misconception is also not without any basis because of the fact that the supreme court in its judgment in j.k. ..... from the aforesaid position, it is clear that sec 51 of the finance act is intended to give retrospective effect for amendments made in rules 9 and 49 of the rules and sub-sec. ..... , also referred to the arguments of the textile mills before the supreme court and also before the special bench 'd' of cegat, where they have pleaded that notices are required to be issued under sec 51 of the finance act, since the cause of action for issuing demands accrued after the amendment of rules 9 and 49 of the central excise rules. .....

income-tax Officer Vs. R. Sivaraman

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1989)31ITD338(Mad.)

..... even assuming that the word 'industrial undertaking' which we come across in section 32a(2), is to be understood in the same manner in which an industrial company under the finance act, 1983 should be understood, the assessee fulfils the requirements of such 'industrial company' and the finding of the ..... whether the assessee was an 'industrial company' within the meaning of section 2(6)(c) of the finance (no.2) act, 1971 and the finance act, 1972. ..... buildings, claimed that it should be charged at the concessional rate of tax of 55 per cent instead of 65 per cent on the ground that it was an industrial company as defined in section 2(6) (c) of the finance (no.2) act, 1971 and the finance act, 1972. ..... industrial undertaking for the purpose of business of construction, manufacture or production of any article or thing, not being an article or thing specified in the list in the eleventh schedule.sub-section (2a) of section 32a is as follows: "the deduction under sub-section (1) shall not be denied in respect of any machinery or plant installed and used mainly for the purposes of business of construction, manufacture or production of any article or thing, ..... the amendment made in 1983, the definition of industrial company has been changed to include 'execution of project' as one of the activities and project includes construction works as well as assembly or installation of any machinery or plant.thus, this activity as such has come to be included in the definition only after this amendment. .....

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court : Delhi

..... more specific is the support and affirmation from the circular issued by the board after amendment was brought about by finance act 2002 to sections 10a and 10b. ..... the total income of the assessee : provided that where in computing the total income of the undertaking for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the finance act, 2000, the undertaking shall be entitled to the deduction referred to in this sub-section only for the unexpired period of aforesaid ten consecutive assessment years : [provided [further]. ..... before we interpret the aforesaid section, the effect thereof and why and how it was omitted, we would also like to reproduce sub section (9a) to section 10b, which was inserted by the finance act, 2002 with effect from 1st april, 2003, but was deleted/omitted by the finance act, 2003 with effect from 1st april, 2004. ..... for assessment year 2007-08, the position is similar to assessment year 2005-06 and the assessing officer has not filed any appeal against the decision in favour of the respondent-assessee by the first appellate authority. ..... it is pursuant to the circular that for the assessment year 2005-06, the assessing officer in the case of respondent assessee did not file any appeal before the tribunal after the first appellate authority had allowed the deduction to the assessee under section 10a. .....

Jindal Strips Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)47ITD349(Delhi)

..... deduction was the amount of income-tax payable by the company in respect of the total income under the provisions of the income-tax act after making allowance for any relief, rebate or deduction in respect of income-tax to which the company may be entitled under the provisions of the income-tax act or the finance act, after excluding from such amount, the amount of income-tax, if any, payable by the company under the provisions of the annual ..... be reduced by- (i) the amount of income-tax payable by the company in respect of its total income under the provisions of the income-tax act after making allowance for any relief, rebate or deduction in respect of income-tax to which the company may be entitled under the provisions of the said act or the annual finance act and after excluding from such amount- (a) the amount of income-tax, if any, payable by the company in respect of any income referred to in clause ..... (i) or clause (ii) or clause (tit) or clause (vii) of rule 1 included in the total income; (b) the amount of income-tax, if any, payable by the company under the provisions of the annual finance act, with reference to the relevant amount of distributions of dividends .....

T. I. and M. Ltd. Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2000)73ITD180(Chennai)

..... the plea as raised in this appeal is that the said section that was amended by the finance act, 1988 had extended the exemption to the buildings that are owned by the company and used by it for the residence of its employees without any restriction to the salary that are paid to such employees, is to be applied ..... we accordingly reproduce the said section as it was enacted, followed by the amendment that was made by the finance act, 1988. ..... the further plea was that the amendment that was made by the finance act, 1988 was with a view to remove certain unintended hardships caused by the enactment made by finance act, 1983. ..... this sub-clause was amended by the finance act, 1988 and it read, "the building or land appurtenant thereto, other than building or part thereof used by the assessee as factory, godown, warehouse, hotel or office for the purposes of its business or as a residential accommodation for its ..... the lawmaker in their amendment made by finance act, 1988 has stated that 'the unintended hardship was noted with reference to the assets that are held as stock-in-trade'. ..... 40 of the finance act, 1983 is a complete act in itself with substantive and procedural provisions.amendment to the substantive provisions like sub-s. (3) of s. ..... this was clearly an indication that the amendment was effective from the date of the enactment by finance act, 1983.6. ..... he considered the plea of the appellant company that amendment that was made by the finance act to sub-cl. (3) of s. .....

Chennai Telephones (Bsnl) Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2004)(93)ECC88

..... to the customers on collection of annual fees.the commissioner has noted that under section 67 (b) of the finance act, 1994 as amended, the value of taxable services in relation to telephone connection provided to the subscribers shall be the gross total amount (including adjustments made by the telegraphic authority from any deposits made by the subscribers at the time of ..... -st dated 9.7.2001 which appoints the dated 16th july 2001 as the date on which the finance act, 1944 (32 of 1994) shall be amended as provided in the said section 137 and, therefore, it is effective only from 16.7.2001. ..... the relevant section of finance act, 1994 service tax was leviable only on telephone services and not to leased circuits.he submitted that charge collected on leased circuits is not to be added in the telephone services and the aid charges on leased circuits and its liability to levy of service tax was incorporated by subsequent amendment to the finance act. ..... /- for the period from 1.7.94 to 31.7.99 under section 76 read with sections 68 & 73 of the finance act, 1994 and has adjusted the amount of rs. ..... (now bsnl) are the service providers of telephones and registered with the department under section 69 of the finance act, 1994. ..... , submitted that each of the heads in the finance act has been specified for levy of service tax. ..... he has noted that in accordance with chapter v of finance act ' 94, service tax is to be recovered on the services provided by the telegraphic authority in relation to the .....