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

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (2000)73ITD180(Chennai)

..... october, 1989. the grievance of the appellant-company is with reference to the provisions of s. 40 of the finance act, 1983 (hereinafter referred to as the act). 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 ..... consequences and to make the provisions workable, a proviso which supplies an obvious omission in the section and is required to be read into the section to give the section a reasonable interpretation, requires to be treated as retrospective in operation'. the lawmaker in their amendment made by finance act, 1988 has stated that 'the unintended hardship was noted with reference to the assets that .....

Chennai Telephones (Bsnl) Vs. Cce

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

Reported in : (2004)(93)ECC88

..... service tax on leased circuits is not imposable and collectable. he, further, submitted that each of the heads in the finance act has been specified for levy of service tax. under 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 ..... is provision of telephone circuit / net/pw/pnx/pabx/ etc. 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 ..... facts of the case are that m/s. chennai telephones (now bsnl) are the service providers of telephones and registered with the department under section 69 of the finance act, 1994. they also render the service of provision of circuits to the subscribers on payment of annual fees. they also collect surcharge from the customers .....

George Oakes Private Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1966]60ITR710(Mad)

..... a further dividend to make up the deficiency for the purpose of section 23a is not complied with, a different consequence may follow. further, we do not think that section 16(2) has any bearing in interpreting the scope and application of the finance act, 1956. the act contains an inclusive definition of dividend and a dividend does not necessarily ..... assessment because of those circumstances, we are unable to accept his contention.the finance act, 1956, by its first schedule, part ii, provides for what is termed as corporation tax or super-tax at the rate of six annas and nine pies in the rupee. section d in the schedule has two provisos, the first of which says ..... declaration of dividend, the 1956 finance act should be so construed as to exclude from its purview the sum of rs. 68,750 for purposes of withdrawal of rebate. we are of the view that this contention cannot be accepted. the declaration of the further dividend was no doubt on direction under section 23a. but the declaration is .....

Pl. Vrm. Ramaswamy Chettiar Vs. Assistant Controller of Estate Duty

Court : Chennai

Reported in : [1973]92ITR195(Mad)

..... section 2(2) of the finance act, 1923, and by section 24 of the finance act, 1936, had later limited the duty in respectof properties situate out of great britain in certain-circumstances. atpage 1026, he points ..... india.14. dymond on death duties, 14th edition, at page 1029, traces thehistory of estate duty legislation in england and states that under sections 1and 2 of the finance act, 1894, estate duty was payable prima facie inrespect of all property passing or deemed to pass on death without referenceto its situation, but by ..... domiciled in india at the time of his death. section 21 is a provision for exception from the charge of duty and this corresponds to section 2(2) of the u.k. finance act of 1849 and section 24 of the u.k. finance act of 1936. but for the exception contained in section 21, all foreign properties, both movable and immovable .....

M/S. Tarachandra Engineering Pvt.Ltd. Vs. Cce Vadodara-i

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... that as there was a reasonable cause for delay in filing the returns and payment of service tax, therefore, their case is covered by the provisions to section 80 of finance act, 1994. he relied upon the judgment of cestat delhi in the case of cst new delhi vs competent automobiles co. ltd [2011 (29) str ..... the appellant and their financial difficulties are justifiable reasons for the purpose of section 80 of finance act, 1994. accordingly, it is held that no penalty under section 78 of the finance act, 1994 is imposable upon the appellant by virtue of proviso of section 80 of finance act, 1994. 5. in view of the above observations, the appeal filed ..... services. in addition, the appellant is also engaged in rendering taxable services under the category of management, maintenance and repair services as defined under section 65 (108)(zzg) of finance act, 1994. the appellant failed to get the later category of service registered with the department and also belatedly filed st-3 returns for the .....

M/S. Samtech Industries and Others Vs. C.C.E. Kanpur and and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... have been incurred by the service provider as pure agents of the service recipient. however, this rule has been struck down as ultra vires the provisions of section 66 and section 67 of the finance act, 1994 by honble delhi court in the case of intercontinental consultants and technocrafts pvt. vs. union of india and others ltd. reported in 2012 tiol-966- ..... str-608 pleaded that the contracts of the appellant with their customers were for repair of transformers, that when repair and maintenance service is taxable and in term of section 67 of the finance act, 1994, service tax is chargeable on the gross amount charged, value of the goods used for providing service would have to be included in the assessable value of ..... m/s.paramax electronics pvt. ltd. 16/comm./noida/2012-13, dt. 27.7.12, passed by cce, noida 1,32,62,762/- along with interest u/s 75 of finance act, 1994 1,32,62,762/ u/s 78 ibid. 3. m/s. mahendra engineering ltd. 23/comm./lko/st/2011-12,dt. 28.11.11, passed by cce, lucknow .....

M/S. Chillies Exports House Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1997SC2223; (1997)140CTR(SC)1; [1997]225ITR814(SC); JT1997(4)SC705; 1997(3)SCALE562; (1997)5SCC157; [1997]3SCR907

..... under a contract. on the basis of these facts, the high court in the earlier decision : [1978]115itr73(mad) : [1978]115itr73(mad) concluded that the relevant section of the finance act - section 2(6)(c) - suggests that the appellant company itself should engage in the entire activity which leads to the final processing of the goods. in the said decision, ..... year 1974-75, we are concerned with the finance act of 1974, section 2(8)(c); for the assessment year 1976-77 finance act, 1976, section 2(9)(c); and for the assessment year 1977-78 finance act no. 2 of 1977 section 2(7)(c). a similar provision occurring as section 2(6)(c) of the finance act no. 2 of 1971 and relating to the ..... to the same assessee-appellant for the assessment year 1971-72 and the court held that the assessee is not an industrial company coming within the meaning of section 2(6)(c) of the finance act no. 2 of 1971. the said decision is reported in : [1978]115itr73(mad) : [1978]115itr73(mad) . when the matter came up for .....

Commissioner of Wealth Tax Vs. Cadmach Machinery Co. Pvt. Ltd.

Court : Gujarat

Reported in : (2007)212CTR(Guj)285

..... of the tribunal, it adopted the view that buildings under construction meant for business-use were not chargeable to wealth tax under section 40 of the finance act, 1983.3. under section 40 of the finance act, 1983, provision was made to levy wealth tax on the net wealth of certain companies. the purpose of the provision as ..... during the year under consideration. the assessee claimed exemption from wealth tax on the buildings under construction as per clause (vi) of sub-section (3) of section 40 of the finance act, 1983. the assessing officer took the view that buildings under construction as on the valuation date could not be held to have been used ..... appellate authority, relying upon the decision of the tribunal in nutan electricals industries pvt. ltd. v. iac 36 itd 448 and appreciating the provisions of section 40 of the finance act, 1983, allowed the claim of the assessee for the year under consideration. upon the matter being carried to the tribunal by the revenue, the order .....

Markfed Oil and Allied Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)(84)ECC860

..... notice. as such the learned advocate has rightly submitted that there was no proposal for payment of service tax, which was not paid by them. section 84 of the finance act, 1994 empowers the commissioner to call for the record of the proceedings which has been taken by the assistant commissioner/deputy commissioner and makes such ..... payable will be known to the department only after the person responsible to pay the service tax files the quarterly returns as required under provisions of section 70 of the finance act, 1994; that unless and until the return is filed, there is nothing available with the department to verify the services rendered on which the ..... not arise.the learned advocate, therefore, contended that the commissioner cannot direct them to pay the service tax and interest thereto in exercise of powers under section 84 of the finance act, 1994.3. countering the arguments, shri atul dixit, learned sdr, submitted that a perusal of the show cause notice dated 12-5-99 would clearly .....

Shree Shyam Filaments Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(176)ELT512TriDel

..... no force in the contention that the matters are pending in rajasthan high court supreme court as the appellants themselves have not challenged the validity of the said section of the finance act, 2000 in any high court of supreme court not there any appeal filed by them is pending in supreme court. they have also not brought on record ..... to 12.5.2000. similar view have been held by the tribunal in the case of cce v. mysore cement ltd. 2002 (147) elt 3522 (tri). section 112 of the finance act, 2000 clearly provides that notwithstanding anything contained in any judgment, decree or order of court, tribunal or other authority, no credit of any duty paid on high ..... their memorandum of appeal that they had taken the credit of duty paid on hsd oil under rule 57 b of the central excise rules, 1944; that section 112 of the finance act, 2000 provided that credit is not admissible in respect of hsd oil with retrospective effect; that the validity of the provisions of disallowing the modvat credit with .....