Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Court: andhra pradesh Page 1 of about 141 results (0.071 seconds)

The Commissioner of Central Excise Vs. M/S.Sri Chaitanya Educational C ...

Court : Andhra Pradesh

..... after coming into force of the amendment to section 65(105) of the finance act, in spite of advice by the revenue, the ..... , the commissioner of central excise & customs issued notice dated 08.9.2008 calling upon the petitioner to show cause as to why action should not be taken under section 73(1) of the finance act, and the service tax rules, 1994, for consideration of the commercial nature of business, wilful delay in obtaining registration, wilful default in payment of service tax and submission of information, and wilful ..... analysed as above, the following principles would emerge which have to be kept in mind while considering the applications for stay or for dispensing with the requirement of pre-deposit under section 35f of the central excise act, or under section 129e of the customs act, or other similar provisions.1) the applications for stay should not be disposed of in a routine manner unmindful of the consequences flowing from the order requiring the assessee to deposit ..... not maintainable; as the respondent society is a non-profit coaching centre, using its surplus only for educational activities, it is not liable to pay service tax; as the respondent is registered under section 12a of the income tax act, 1961 as a charitable trust, it cannot be treated as a commercial training or coaching centre; and, as levy of service tax was beyond the period of one year, it is barred by section 73 of the finance act.5. ..... in march, 2005, the corporate office of the respondent was .....

M/S Nagarjuna Construction Company Limited Vs. Government of India, Mi ...

Court : Andhra Pradesh

..... 65(105)(zzzza) of the finance act 1994 ('the act') and inconsistent with the objects of rule 3(3) of the 2007 rules.on a true and fair construction of the clarification contained in the impugned circular (by way of amendment to the earlier circular dated 23.08.2007), a service provider who paid service tax prior to 01.06.2007 for the taxable services such as erection, ..... or (f) such other similar services; this definition with reference to the taxable service is dealt with by clause (zzd).the taxable services covered by clause (zzq) (commercial or industrial construction services) is defined in sub-section [25(b)] which reads as under: (25b) "commercial or industrial construction service" 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 ..... services, repair, alteration, renovation or restoration of, or similar services, in relation to (b) and (c); or (e) turnkey projects including engineering, procurement and construction or commissioning (epc) projects; sec.65a of the act enacts that the classification of taxable services shall be determined according to the terms of the sub-clauses of clause (105) and that where for any reason a taxable service is, prima facie, classifiable under ..... 16.06.2005 include as a taxable service any service provided or to be provided : (zzd) to any person, by a commissioning and installation agency in relation to erection, commissioning or installation; (zzq) ..... 2005 .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... 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. ..... of this clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing of ..... 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 ..... show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in the contract of sale of .....

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

..... to validate the imposition of the said tax and also in furtherance of rectifying the defects in law pointed out by the supreme court, the parliament amended sections 68 and 70 retrospectively and a new section 71a was inserted in finance act of 1994 to validate the collection of service tax from the users of goods transport operator services for the period from 16.7.1997 to 1.6.1998. ..... in sub-clauses (g), (h), (i), (j), (k), (l), (m), (n) and (o) of clause (41) of section 65 which are provided to any person by the person responsible for collecting service tax.sections 65(7), 65(18a) and 65(18b) of finance act, 2000 reads as under:section 65(7) : 'assessee' means a person liable for collecting the service tax and includes-(i) his agent; or(ii) in relation to services provided by a clearing and forwarding agent, every ..... transport operator' means any commercial concern engaged in the transportation of goods but does not include a courier agency.section 65(41)(m): 'taxable service' means any service provided (a) xx xx xx (b) xx xx (c) xx xx xx (m) to a customer, by a goods transport operator in relation to carriage of goods by road in a goods carriage.section 66(3) : 'with effect from the date notified under section 84 of the finance act, 1997 (26 of 1997), there shall be levied a service tax at the rate of five per cent of the value of the taxable services referred to .....

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). .....

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

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... it is also contended that the petitioner is covered by the definition of 'banking and other financial services' under section 65 of the finance act, 1994 as amended by the finance act, 2001, in view of it being granted the certificate of registration under section 45-i(f) of the reserve bank of india act. ..... on a conjoint reading of section 45-i(f) of the reserve bank of india act read with sections 65(73), 65(11), and section 65(90) (zm) as they stood prior to amendment by the finance act, 2004, it was only a non-banking financial company which had as its principal business the receiving of deposits, under any scheme or arrangement or lending in any other manner, which could be said to be providing taxable service rendering it ..... sub-clause (zp) as incorporated by finance act, 2002 with effect from 16-8-2002 and sub-clause (zm) as amended by finance act, 2004 with effect from 10-9-2004 read thus:(zp)to a customer, by a body corporate other than the body corporate referred to in sub-clause (zm), in relation to banking and other financial services. ..... in this writ petition the petitioner seeks a declaration that section 65(90) read with 65(11) of the finance act, 2001 has no application to the petitioner company upto 16-8-2002 and to consequently interdict the assistant commissioner of customs and central excise, hyderabad-ii commissionerate (1st respondent) from proceeding further with the show cause notice .....

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

Court : Andhra Pradesh

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

..... , 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 ..... under the finance act, 2007, which came into effect from 1.6.2007, the sub-clause 5 of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management' ..... venkata ramana, 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 transactions in clear ..... petitioners specifically raised a plea in the affidavit filed in support of the writ petition that at the time of introduction of the service tax before 1994 or later when the finance act has undergone amendment and during the discussions of the budget proposals, no indication was given by the finance minister to extend the provisions of service tax to the chit funds business. ..... further, it has been pointed out that as per section 41(1) of the reserve bank of india act, 1934, chit funds are categorized as financial institutions and therefore sub clause 12 of section 65 of the finance act, 2007 by deletion of expression 'cash management' attracts the levy of service on chit fund .....

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

Court : Andhra Pradesh

Reported in : 2009[13]STR350

..... , 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 ..... under the finance act, 2007, which came into effect from 1-6-2007, the sub-clause (5) of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management' ..... venkataramana, 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 transactions in clear ..... petitioners specifically raised a plea in the affidavit filed in support of the writ petition that at the time of introduction of the service tax before 1994 or later when the finance act has undergone amendment and during the discussions of the budget proposals, no indication was given by the finance minister to extend the provisions of service tax to the chit funds business. ..... further, it has been pointed out that as per section 41(1) of the reserve bank of india act, 1934, chit funds are categorized as financial institutions and therefore sub-clause 12 of section 65 of the finance act, 2007 by deletion of expression 'cash management' attracts the levy of service on chit fund .....

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

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... coming to the second ground urged by the complainant in the appeal, under section 66 of finance act, the service tax at the rates applicable will have to be collected by the person rendering service from the person or customer, in whose favour, such ..... 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 ..... service provider who is responsible for collecting the service tax, has to get himself registered under section 69 and has to furnish the prescribed return, periodically, under section 70 of finance act. ..... though ex.a1 is dt.26.12.2009, ex.a2 is dt.29.1.2010, the notification no.35/2011 relied upon by the complainant in his written arguments deals with amendment of service tax rules, which has come into effect only from first day of may,2011 whereunder an option is given to insurance company to pay in either ways provided thereunder, however it is made clear there ..... 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 dt.22.3.2010 was also sent to the complainant .the contention of ..... of the complainant 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. .....

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

..... therefore, it would be appropriate to look into the exact provision, which contemplates the payment of the tax, after receiving the intimation.section 90 of the finance act provides for determination and payment of the tax in pursuance of the declaration filed under section 88 of the finance act, which reads as under:90. ..... 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 insist that the period should be counted in days ..... said declaration was for the assessment years 1993-94 and 1994-95, showing the tax arrears at rs.74,390/- and rs.1,14,598/- respectively, a certificate of intimation in form 2-a under section 90(1) of the finance (no.2) act, 1998 was issued to the petitioner. ..... 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. ..... 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. ..... under the direct tax enactment or indirect tax enactment under which the proceedings against the declarant are or were pending shall be deemed to have been revived; provided further that the designated authority may amend the certificate for reasons to be recorded in writing. .....