Judgment Search Results Home > Cases Phrase: finance act 2005 section 113 amendment of act 5 of 1873 Page 14 of about 2,381 results (0.122 seconds)

K. Arumugam Etc. Etc. Vs. Union Of India And Ors. Etc.

Court : Supreme Court of India

..... lottery tickets is, in fact, an outright purchase and does not involve any page 5 of 25 service to the state in terms of promotion or marketing under the explanation to section 65(19)(ii) of the finance act, 1994 as amended by the finance act, 2008. ..... . thus, when lottery ticket is an actionable claim and not goods and is therefore outside the scope of sub-clause (i) of clause 19 of section 65 of the finance act, 1994, it could not have been included as lottery per se in the explanation to sub-clause (ii) of clause 19 of section 65 of the finance act, 1994 as service in relation to promotion or marketing of service provided by the page 19 of 25 client including any service provided in relation to promotion or marketing of games of chance, organized, conducted or promoted by the ..... . the explanation sought to bring the activity of sale of lottery tickets within sub-clause (ii) of clause 19 of section 65 of the finance act, 1994, when it was excluded from sub- clause (i) on account of the lottery tickets being interpreted as actionable claims and not goods on the premise that it was ..... by the kerala state lotteries and online lotteries (regulation) rules, 2003 framed under section 12(3) of the lotteries regulation act, 1998 and the kerala tax on paper lotteries act, 2005. ..... the state by marketing and promoting lotteries, as evidenced by the agreement, including modifications and additions thereto, between the appellant and the state of sikkim dated 24.08.2001, 09.12.2003, and 18.11.2005. .....

Om Prakash Sharma Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2004)83TTJ(JP.)246

..... an amendment in this charging section 113 was made through finance act, 2002. ..... (e) it is also clear from cursory look over section 4 of it act, that the rates prescribed in finance act is applicable only for the total income of previous year. ..... the part i of the first schedule of finance act, 2000 prescribes the levy of surcharge at 10 per cent on income-tax computed in accordance with section 113. ..... , 2003, held that amendment in section 113 is not applicable retrospectively. ..... 62.4 of the circular is in respect of amendment in section 113 for levy of surcharge on block assessment tax and as per para 62.6 of the circular this amendment is applicable w.e.f. ..... but amendment in section 113 was not made applicable retrospectively, which shows the intention of the lawmakers. ..... several amendments in provisions relating to the block assessment were enacted through the finance act, 2002 and most of them were made applicable retrospectively. ..... the amendment in section 113 is not clarificatory. ..... the charging section for the block assessment is 158ba(2), which does not speak anything about the rates prescribed in central act, therefore, the rates prescribed in finance act are not applicable for the special assessment of the search cases. ..... but this first schedule is subject to section 2 of finance act, 2000. ..... section 2 of the finance act provides that the rates specified in part i of the first schedule are applicable for the assessment year commencing from 1st april, 2000. .....

Assistant Controller of Estate Duty and ors. Vs. Prayag Dass Agarwal

Court : Supreme Court of India

Reported in : AIR1981SC1263; (1981)22CTR(SC)118; [1981]129ITR404(SC); 1981(1)SCALE786; (1981)3SCC181; [1981]3SCR576; 1981(13)LC513(SC)

..... it existed in 1965 in so far as transfer of real and leasehold property in payment of estate duty is concerned is summarized in dymond's death duties (14th edition) at pages 720-721 thus :d-transfer of property in payment of duty : -(1) real and leasehold property : -by section 56(1) of the finance (1909-10) act, 1910, as extended and amended by section 49 of the finance act, 1946 (which applies to deaths at any time) and the finance act, 1946 (which applies to deaths at any time) and the finance act, 1949, sched. xi, pt. ..... section 56(1) of british finance (1909-10) act, 1910 which was again amended by the british finance act of 1949 read thus :56(1) the commissioners may, if they think fit, on the application of any person liable to pay estate duty or settlement estate duty accept in satisfaction of the whole or any part of such duty any ..... the disposition of any property accepted by the commissioners is provided for by sections 50 and 51 of the finance act, 1946, under which the treasury may direct that the land be transferred direct to a body of ..... in the united kingdom appears to be more or less the same even after the former estate duty was replaced by the new tax known as capital transfer tax by the british finance act 1975 (vide section 22 of the finance act 1975). ..... that the commissioners of inland revenue could accept any property under section 56 of the finance (1909-10) act 1910 in satisfaction or part satisfaction of any estate duty and amended the latter act accordingly. .....

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

..... the amendment was incorporated on 1-6-2002 by inserting proviso to section 113 by finance act, 2002. ..... to clear that doubt precisely, the proviso has been inserted in section 113 by which it is indicated that finance act of the year in which the search was initiated would apply. ..... therefore, even without the proviso to section 113 (inserted vide finance act, 2002 with effect from 1-6-2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6-4-2000 and accordingly surcharge was leviable on the tax.14. ..... though parliament was aware of rate of tax prescribed by section 113 and yet in the various finance acts, parliament has sought to levy surcharge on the tax in the case of block assessment. ..... according to the assessee, prior to 1-6-2002, the position was ambiguous as it was not clear even to the department as to whether surcharge was leviable with reference to the rates provided for in finance act of the year in which the search was initiated or the year in which the search was concluded or the year in which the block assessment proceedings under section 158bc were initiated or the year in which block assessment order was passed. ..... 12-9-2005 passed by the commissioner (appeals) holding that the search in the present case took place on 6-4-2000 which was much prior to the date of amendment made in section 113. .....

Cce Vs. Sree Nithyakalyani Textiles Ltd.

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

..... 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 the y are hit by the apex court's ruling in laghu udyog bharati (supra). ..... , 2003, made 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). ..... , 2000 receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. ..... the respondents had availed the services of goods transport operators during the period 16.11.1997 to 1.6.1998 but did not pay any tax thereon under the finance act, 1994. ..... s/91/2004 : 2005 (123) ecr 365 (t) commissioner v. ..... 335/2005 dated 7.3.2004 in appeal no. ..... (operative portion o the order was pronounced in open court on 3.6.2005) .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus : 'aggregation of ..... amended by finance act ..... 4, as amended by finance act, 1969 ..... amended by the finance act ..... duty on most of such property, the exception was repealed altogether as respects deaths after 15th april, 1969, by the finance act, 1969, subject in each case to limited savings for policies and annuity contracts effected before 20th march, 1968. ..... ,000, were increased by successive finance acts till they reached 1 per cent ..... 1954 act) to the partial aggregation inter se of policies of insurance and interests therein where these were free from general aggregation; but as respects deaths on and after 20th march, 1968, this relief was removed from claims on a gift basis by the finance act, ..... the facts and circumstancesthe circumstances of the case, of the case, the tribunalit was for the tribunal an error committed an error of law inof law to hold that the provisions holding that section 7 of theof section 7(1), estate duty act, act was not applicable.are not applicable to the case ?2. ..... the deceased, all property so passing in respect of which estate duty is leviable has to be aggregated (with special exceptions) so as to form one estate, and the duty levied on the principal value thereof : finance act, 1894, s. .....

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Reported in : (1996)135CTR(Ker)319

..... india of such goods, services or facilities, not being expenditure incurred in india in connection therewith or expenditure (wherever incurred) on the carriage of such goods to their destination outside india on the insurance of such goods while in transit, inserted by finance act, 1978 w.e.f. 1st april, 1978 (where such expenditure is incurred before the 1st day of april, 1978;(iv) maintenance outside india of a branch, office or agency for the promotion of the sale outside india of such goods, ..... (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure incurred during the previous year :proviso inserted by direct taxes (amendment) act, 1974, w. r. e. f. ..... (2) of 80b.explanation 2 was inserted by finance act, 1973 w. r. e. f ..... of such goods, services or facilities;(ix) such other activities for the promotion of the sale outside india of such goods, services or facilities as may be prescribed.original explanation was renumbered as explanation 1 and a new explanation 2 was inserted by finance act, 1973 w. r. e. f ..... (a) is that incurred wholly and exclusively on -(i) advertisement or publicity outside india in respect of the goods, services or facilities which the assessee deals in or provides in the course of his business, inserted by finance act, 1978 w.e.f. ..... provided that in respect of the expenditure incurred after the 28th day of february, 1973 inserted by finance act, 1978 w.e.f. .....

Dheerasingha Arachchige Saroja Nisansala and Another Vs. John Laurence ...

Court : Sri Lanka Supreme Court

..... as correctly pointed out in muniyandys case (supra) section 58(1) read with section 59 of the finance act had imposed a tax and empowered the commissioner of inland revenue to recover the tax if in default due to the non-payment, from the person/s whom it has become due ..... learned counsel for the defendant-appellant in that matter had contended that section 98 read with section 4(1) of the trusts ordinance would prevent the creation of such a trust in so far as the transfer of property was an evasion of section 58(1) of the finance act. ..... section 59 of the finance act, which dealt with the effect of the non-payment of the tax, clearly stated that the commissioner of inland revenue, upon notification of such default by the registrar of lands or the company as the case may be, shall ..... section 58(1) of the finance act, no ..... the court of appeal, considering the submissions made, had held that the relevant provisions of the finance act do not impose a prohibition on the transfer of land to the class of persons to whom the plaintiffs-respondents belonged ..... considering the provisions of the finance act and the other relevant material referred to above, it would not be correct to state that the muniyandys case (supra) was wrongly decided by the court of appeal ..... was not to breach the revenue legislation, as in any event, at the stage of a re-transfer and at the stage of registration of the said land, the plaintiff-respondent would have to make the payment of tax in terms of the finance act. .....

Court : Mumbai

..... in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of services (provided from outside india and received in india) rules, 2006, (6) rule 5 of the cenvat credit rules, 2004, (7) the commissioner of service tax v/s m/s sgs india private limited reported in ..... net effect is that the export of taxable service in relation to taxable services specified by section 65(105) of the finance act, 1994 and in the context of performance of services as are specified in category (iii) of sub-rule (1) of rule (3) of the export of service rules, 2005, would come within the purview of the rule as this stood at the relevant time only if the conditions are satisfied and these conditions are to be found in rule 3(2). ..... thus, the legal fiction created by section 66a of the finance act, 1994 applies to the export of service rules, 2005 also. ..... it is, therefore, submitted that if the appellants are relying upon the payment of service tax under the reverse charge mechanism under section 66a of the finance act, 1994, then, it cannot be considered as export of service within the meaning of rule 3(2)(a) of the export of service rules, 2005. .....

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). .....