Judgment Search Results Home > Cases Phrase: finance act 2005 section 121 amendment of section 10 of act 54 of 2000 Court: andhra pradesh Page 1 of about 415 results (0.326 seconds)

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... of 'business auxiliary service' prior to 10-9-2004. 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 prior to 10-9-2004. petitioner also relies ..... it cannot be said that the show cause notice issued by the 2nd respondent on 3-1-2005 is without jurisdiction. no mala fides are attributed to the 2nd respondent. since the applicability or otherwise of section 65(19)(iv) of finance act, 2003 to the services rendered by the petitioner as registrar and transfer agent during the period 1 ..... under the govt. of india notification dated 10-9-2004, the show cause notice dated 3-1-2005 is liable to be set aside. it is further contended that the expression 'business auxiliary service' in section 65(19) of the finance act, 2003 did not include provision of service on behalf of the clients and therefore the petitioner ought .....

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

..... any person shall be punishable as an offence which would not have been so punishable if this section had not come into force.6. the argument is that the finance act, 1994 as amended by finance act, 1997, finance act, 2000 and finance act, 2003, are ultra vires on the ground that taxes on goods and passengers carried by road ..... the domain of state legislature. before going to this argument, it is necessary to reproduce the amendments that were affected to the finance act in 2003. section 68 in 2003 act reads as under:section 68 : payment of service tax.-provided that-(i) in relation to services provided by a clearing and forwarding agent, every person ..... the assent of the president in the prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply accordingly.in finance act of 2000, section 117 lays down:117. validation of certain action taken under service tax rules. - notwithstanding anything contained in any judgment, decree or .....

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... not less than fifty-one per cent. of such total income. 2. 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 ..... 17, 1973) (see [1973] 88 itr 80). it 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. '.... 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... bharat enterprises (p.) ltd. v. cit : [1983]143itr804(ap) . there 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. while interpreting the said definition, the division bench observed as follows (page 811) : ' .....

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

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... defined to mean any service including any service, provided to a customer by a non-banking financial company, in relation to banking and other financial services. section 65(11) of finance act, 2001 defined 'banking and other financial service' to mean :(a) the following services provided by a banking company or a financial institution including a non- ..... india, 1934, and as a result it was not required to return any part of its turnover to service tax for the relevant financial year.5. section 65(90) of finance act, 2001 defines 'taxable service' to mean :any service provided to a customer by a banking company or a financial institution including a non-banking financial ..... banking institution that, by itself, would not bring it within the definition of a 'non-banking financial company' under section 65(73) of the finance act read with section 45-i(f)(ii) of the reserve bank of india act. it is only if, in addition thereto, it is established that the petitioner has, as its principal business, .....

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

Court : Andhra Pradesh

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

..... for consideration is as to whether the petitioners' business i.e., 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. at the outset, for convenience sake, instead of referring to all ..... 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 ..... 2007 issued by the second respondent as being violative of article 14, 19(1)(g) and 265 of the constitution of india and section 65(12) read with section 65(105)(zm) of the finance act, 1994 and to set aside the same. the case of the petitioners is that they are doing business in chit funds, the .....

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

Court : Andhra Pradesh

Reported in : 2009[13]STR350

..... for consideration is as to whether the petitioners' business i.e., 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. at the outset, for convenience sake, instead of referring to ..... 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 ..... 2007 issued by the second respondent as being violative of articles 14, 19(1)(g) and 265 of the constitution of india and section 65(12) read with section 65(105)(zm) of the finance act, 1994 and to set aside the same. the case of the petitioners is that they are doing business in chit funds, the transactions .....

Dandu Krishna Murthy Raju Vs. the Branch Manager of Max Newyork Life I ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... service tax. opposite party contended that by charging service tax, they neither violated the terms of the contract, nor the law. 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. customer. clause 19 of the terms and ..... vitiated for misappreciation of fact or law. it is an admitted fact that the complainant applied for 50% partial withdrawal in life maker ulip policy dt.27.1.2005 bearing no.412480113 and accordingly the opposite party insurance company paid rs.49,838.92 to the complainant vide cheque bearing no.12997 and ex.b4 confirmation letter ..... is that he obtained the fourth policy life maker unit linked investment plan policy with risk cover of rs.1,50,214/- with policy no.412480113 on 27.1.2005. on 8.3.2011, the complainant applied for partial withdrawal upto 50% of the existing fund value, but contrary to this request, the opposite party company foreclosed .....

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

..... . now 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. it is not in dispute that the amount was realised only on 12-4-1999. the contention of the petitioner is that the challan was ..... with the cheque. 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. the gujarat high court also referred to and relied upon the judgment of the apex court in ogale glass works ltd (supra).for the department, however, ..... filing the declaration. 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. in the writ petition, the petitioner contended that the certificate was not granted to him on the ground that the tax was paid on 91st day .....

K. Venkata Reddy Vs. Cit and anr.

Court : Andhra Pradesh

Reported in : (2001)169CTR(AP)41; [2001]250ITR147(AP)

..... with the che ue. 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. the gujarat high court also referred to and relied upon the judgment of the apex court in ogale glass works ltd.'s case (supra). for the department, ..... and the tax paid on 30-3-1998, according to him, was within the period. 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 ..... of filing the declaration. 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. in the writ petition, the petitioner contended that the certificate was not granted to him on the ground that the tax was paid on the 91st .....

Techno Pack Ltd. Vs. Assistant Collector of Central Excise

Court : Andhra Pradesh

Reported in : 1991(1)ALT542; 1991(33)ECC130; 1991(55)ELT158(AP)

..... of the finance act, 1982 (14 of 1982). on ..... 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 .....