Judgment Search Results Home > Cases Phrase: finance act 2005 section 116 substitution of new schedule for first schedule to act 58 of 1957 Page 1 of about 522 results (0.354 seconds)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... the finance act, 2012 introduced section 66b as the new charging section with effect from 1.7.2012 for the levy of service tax on all services other than those services specified in the negative ..... it was further submitted that as per section 2(33) of tamil nadu value added tax act and section 3 of the act read with sl.no.70 of part b of the first schedule to the act, the state government levies value added tax on the sale or transfer of right to use the copyright and while so, parliament cannot levy service tax on the same, which is subject to ..... 2013 and entry no.9 in the notification no.25/2012 is substituted as under:- services provided by way of temporary transfer or permitting the use or enjoyment of copyright (a) covered under clause (a) of sub-section (1) of section 13 of the copyright act, 1957, relating to original literary, dramatic, musical or artistic works; or (b) of cinematograph films for exhibition in a cinema hall or cinema theatre. 6 ..... union of india [(2005) 4 scc214, the writ petitioners were customers or clients of goods transport operators and forwarding and clearing ..... union of india, (2005) 4 scc214and bsnl ..... of india (2005) 4 scc214i ..... state of u.p, (2005) 2 scc515 ultimately even a tax on goods will be on the taxable event of ownership ..... (2005) 2 scc515 in which, the supreme court observed that in the classical sense a tax is composed of two elements : the person, thing or activity on which tax ..... (2005) 4 scc214and all-india federation of tax practitioners, (2007) 7 .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... software dealers association versus union of india, ministry of finance, department of revenue, central board of excise and customs.new delhi-1 and 4 others.two writ petitions were filed seeking to declare section 65(105)(zzzze) of chapter v of the finance act, 1994 (as amended by the finance act 2 of 2009) as null and void in and by which, an information technology software is also brought under the meaning of taxable service and the said amendment was brought in by virtue of residuary power under entry 97 of list i of schedule vii. ..... it is the further submission of the learned senior counsel appearing for the petitioner that upto the year 2005, the said act was performed by the railway administration directly and on account of policy decision, it was entrusted to irctc and the ministry of railways is having 100% shares in the said corporation and it is also a government company; there was change of ..... 17 in the decision reported in 2013 (4) ctc473 ags entertainment private limited, chennai-83 and others versus union of india and others.the validity of section 65(105)(zzzzt) of the finance act, 1994, bringing within the ambit of service tax, certain forms of income generated from temporary transfer or permitting the use or enjoyment of any copyright as defined in the copyright act, 1957, was put to challenge. .....

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

Court : Supreme Court of India

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

..... 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. ..... the finance act of 1952 was a short document and section 2 thereof simply provided :the provisions of section 2 of and the first schedule to, the finance act 1951, shall apply in relation to income tax and super tax for the financial year 1952-53 as they apply in relation to income tax and super tax for the financial year 1951-52.... ..... section 2 of the finance act 1964 which is headed as 'income tax and super tax' provides in sub-section (1) that income-tax and super tax shall be charged at the rates specified in parts i and ii of the first schedule respectively and that in cases to which certain paragraphs of those parts apply these taxes shall be increased by a surcharge for the purpose of the union. ..... the meaning of the word 'surcharge' as given in the webster's new international dictionary includes among others 'to charge; (one) too much or in addition... ..... similar state of affairs existed with regard to finance acts of 1953, 1954, 1957. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... case, the availment of modvat credit was sought to be denied to the petitioner by issue of show cause notice, which was issued even before the enactment of section 112 of the finance act, 2000 and on an independent ground and on adjudication of the show cause notice, the petitioner was denied this credit for the period and the matter, it appears, became concluded, as the petitioner has not pursued an adverse order it suffered at the hands of cegat in the second ..... the tribunal had not invalidated any provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, which in effect and substance takes away certain benefits which had ..... ), while passing orders on the review petition in the appeal of the commissioner, having taken note of the provisions of section 112 of the finance act, 2000 for reviewing its earlier order of dismissing the appeal and for allowing the appeal of the commissioner on behalf of revenue, an appeal which had been preferred against the order of the cegat, wherein the tribunal had held that persons like the petitioners are entitled to avail of ..... , 2005 (180) e.l.t. 3 (s.c. .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... income-tax shall be charged at the rates specified in part i of the first schedule and also stipulates increase of income-tax by levy of surcharge, by making appropriate provisions in section 2(8) read with part iii of schedule a of the finance act and that section 2 of the finance act, 2000 also correspondingly stipulates that income-tax shall be charged at the rates specified in part i of first schedule.thus, he submitted that in view of the specific provisions found in section 2 of finance act, 1999 and in finance act, 2000, it is clear that the charge has been created and ..... . the very fact that the proposal to levy surcharge has found a place for the first time in part iii of the first schedule read with section 2(8) of the finance act, clearly demonstrates that the mention of section 113 therein, is in direct conflict with the provisions of chapter xivb of the income-tax act ..... lastly, it was contended on behalf of the appellants that the amending act whereby new section 15 of the act has been substituted is declaratory and, therefore, has retroactive operation. ..... , wherein interpreting retrospective amendment made to section 15 of the karnataka agricultural income-tax act, 1957, brought about subsequent to the decision of that court in ashok plantation v. ..... acit (2005) 3 sot 192 (chennai) and calcutta bench of the tribunal in the case of acit v.sri subhash kumar bhunia i.t.a(s.s.) no. .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... is not necessary for this court to examine this aspect since the applicability or otherwise of clause (iv) of section 65(19) of finance act, 2003 has to be first examined by the ..... 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' and consequently interdict the 2nd respondent from proceeding in furtherance of the show cause notice dated 3-1-2005.2. ..... it is their case that the show cause notice dated 3-1-2005, issued by the 2nd respondent, was under the erroneous supposition that section 65(19) of finance act, 2003 encompassed the nature of activity carried on by the petitioner, even ..... show cause notice issued by the 2nd respondent on 3-1-2005 does not call for interference by this court under article 226 of the constitution ..... since the time prescribed in the show cause dated 3-1-2005, of 15 days, has already expired, we deem it appropriate to permit the petitioner to submit an additional reply, if it so desires, to the show cause notice dated 3-1-2005 bringing to the notice of the 2nd respondent the central ..... been referred to in the show cause notice issued by the 2nd respondent on 3-1-2005 nor in the counter-affidavit filed before this court. ..... facts, to the extent necessary for the purpose of this writ petition, are that the 2nd respondent issued show cause notice dated 3-1-2005 calling upon the petitioner to show cause as .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner ..... behalf of the respondent, has on the other hand referred to section 2(5) of the west bengal sales tax act, and stated that the very first pre-requisite for falling within the provisions of that act is that there should be a profit motive, as defined, and since there is none in members clubs, the charging section will not be attracted on the facts of these cases. ..... xxx (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co-operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of the provisions contained in the first schedule this has to be read with section 44 of the income tax act, 1961 which reads as under: 44. ..... 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 .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... of particulars furnished by the assessee 2. whether on the facts and in the circumstances of the case and having regard to the provisions of rule 9(5) of part iv of the first schedule to the finance act, 1979, the appellate tribunal was right in holding that there was neither an obligation on the assessee to return the net agricultural loss for the earlier years in the assessment of those years nor a duty was enjoined on the income-tax officer to determine the losses and ..... that in the absence of any express prohibition, an assessee is not to be denied the benefit of set off provided for in rule 9 of part iv of the first schedule to the finance act, 1979, as long as the assessee is able to show that he had incurred loss from his agricultural activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural ..... despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to subsequent assessment years, the revenue contended before the tribunal that loss in relation to the agricultural .....

Commissioner of Income-tax Vs. Shri Rangnath Bangur and Shri Purshotta ...

Court : Rajasthan

Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)

..... in our view, the proviso merely makes the rate of tax prescribed by the finance act of the earlier year applicable for computation of the amount of tax for the dividend income, because the rate of tax for the relevant assessment year could only become known on the coming into force of the new finance act pertaining to that assessment year.39. ..... thus, the amount payable by the assessee as tax on the earlier occasion in the original assessment proceedings will be substituted and the ito will be required to redetermine the amount of tax with reference to the total income determined as a result of the reassessment proceedings. ..... we now proceed to give the reasons for the answers as contained in our orders dated december 19, 1983, and which are reproduced below :'our answer to the first question referred to this court is that the assesses is entitled to the benefit of concision or rebate under para, 6a of the part b states (taxation concessions) order, 1950, in the course of reassessments under section 34 of the indian income-tax act, 1922, in respect of the whole of the dividend income, including the actual dividend ..... 's case : [1957]32itr688(sc) their lordships of the supreme court observed that there are no separate taxes leviable under the various schedules of the i.t. ..... cit [1973] 116 itr (mad) and held that the bombay and madras high courts while deciding the aforesaid cases did not properly appreciate the i rue effect and import of the observations of their lordships of the .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... bring it within maintenance or repair service under section 65(64) and while doing so, it firstly defined management, maintenance or repair service to mean any service provided by any person under a contract or an agreement for a manufacturer or any person authorised by him in relation to management of properties, whether immovable or not, maintenance or repair of properties, whether immovable or not or maintenance or repair including reconditioning on restoration, or servicing of any goods, excluding a motor vehicle and also substituted it by the finance act, 2006 with effect from 1st may ..... referring to the definition of the above services, as appearing in the finance act, 1994, it was alleged that the records of the petitioner for the years 2005-06 to 2009-10 were called for by letters and which were replied by the petitioner/assessee. ..... 7 in part i of the schedule to the minimum wages act, 1948 and therefore, he had jurisdiction to entertain and try ..... the same reads as under:- 65(25b) commercial or industrial construction means - (a) construction of a new building or a civil structure or a part thereof; or (b) construction of pipeline or conduit; or (c) completion and finishing services such as glazing, plastering, painting, floor and wall tiling, wall covering and wall papering, wood and metal joinery ..... contentions in the petition before the hon ble gujarat high court centered around the interpretation of item 22d and item 68 in the first schedule of the central excise act, 1944. .....