Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Court: delhi Page 1 of about 758 results (0.084 seconds)

Tube Investments of India Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... the appellants' contention is that they have paid the amount of service tax and since there is retrospective amendment by section 117 of finance act, they are eligible for the refund.4. ..... writ petition (civil) 539 of 2000 has settled the subject issue and upheld the validity of amendments and the action taken in pursuant to the earlier rules and further upheld the levy of tax on the recipient of the services in the case of services rendered by goods transport operators and clearing and forwarding agents. ..... while upholding the constitutional validity of the amendments and the levy of tax, the hon'ble court directed that the liability to pay interest or penalty on outstanding amounts would arise only if dues are not paid within the period of two weeks from ..... in this case the appellant had already paid the service tax liability arising on services received from gto, and seeks refund of the same, which would not get covered by the retrospective amendment.in view of the above appeal is dismissed. ..... the issue involving non-payment of service tax by people against whom no action was initiated by the department could take the advantage of the retrospective amendment and contest the issue. ..... this appeal is directed against order-in-appeal dated 26-5-2005 which upheld the order-in-original wherein refund claim of the appellants was rejected.2. ..... after the amendment of the notification they claimed the refund of the same. .....

Commissioner of Service Tax Vs. Anil Kumar Mishra

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2008)10STR408

..... the penalty imposed upon the respondent herein by the adjudicating authority in terms of section 76 of the finance act, 1994, has been set-aside by the lower appellate authority on the ground that the entire service tax amount was deposited together with interest before the issue of show cause notice (amount was ..... 736 (t-chennai), penalty has been held to be not imposable under section 76 of the finance act, 1994, for the reason that the service tax was paid prior to the issuance of the show cause notice. ..... commissioner of central excise, coimbatore (supra), would not apply as it covered the period post amendment, while the period in the present case is october, 2002, which is prior to the amendment in section 76, does not make any difference in view of the above judgments of the tribunal.3. ..... the reliance placed by the learned dr on the amendment to section 76 w.e.f. ..... pioneer plastic products - 2005-tiol-1175-cestat-kol and commissioner v. .....

The Commissioner of Income Tax (Central-ii) Vs. Goetze (India) Limited

Court : Delhi

..... clause (i) of the explanation and the proviso thereto, which was introduced by finance act, 1989 with retrospective effect from 1st april, 1988 were as under: i) the amount withdrawn from reserves (other than the reserves specified in section 80hhd) or provisions, if any such amount is credited to the profit and loss account: provided that, where this section is applicable to an assessee in any previous year (including the relevant previous year), the ..... answered in favour of the appellant-revenue and against the respondent-assessee in view of explanation 2 to section 234d, which was inserted by finance act, 2012 with retrospective effect to assessments made on or after 1st june, 2003. ..... the said explanation was amended by finance act, 2000 with effect from 1st april, 2001 to exclude reserves created on or after 1st day of april, 1997 but ending before the 1st day of april, 2001, otherwise than by debit ..... vide order dated 5 th january, 2005 passed an order giving effect to the order passed by the commissioner under section 263 of the act. ..... appeal before the tribunal being ita no.409/del/2007 and also preferred an appeal against the order of commissioner of income tax under section 263, which was registered as ita no.208/del/2005. ..... in the first appeal and the tribunal has observed that reliance placed on the order of the tribunal for the assessment year 2000-01 in ita no.208/del/2005 was distinguishable as it related to the jurisdiction of the commissioner under section 263 of the act. .....

Commissioner of Income-tax Vs. Dalmia Agencies (P.) Ltd.

Court : Delhi

Reported in : [2010]186TAXMAN155(Delhi)

..... : [2000] 246 itr 568 : [2002] 122 taxman 620 (delhi), no more remains valid in view of legislative amendment in section 271 by the finance act, 2008. ..... by this amendment, sub-section (1b) is inserted to section 271 of the income-tax act retrospectively with effect from 1 -4-1989 as per which it is not necessary for the assessing officer to record such a satisfaction. ..... however, the assessee challenged the penalty order on the ground that the requirements of section 271(1)(c) of the act were not fulfilled and the penalty proceedings were illegally initiated by the assessing officer and consequently the penalty order passed also was not valid. ..... two opinions were possible and in case it was held by the assessing officer that the claim is allowable under section 35dda and not under section 37, that would mean that the assessing officer was not right in initiating penalty proceedings. ..... in such circumstances, even if the assessing officer ultimately held that claim could be allowed only under section 35dda, we are of the view that it was not a case where the assessee had concealed the income or had furnished inaccurate particulars. ..... the revenue challenged this order before the it at but without any success inasmuch as by reason of impugned order dated 30-8-2005, the tribunal has dismissed the appeal of the revenue. .....

Suresh Kumar Bansal and Others Vs. Union of India and Others

Court : Delhi

..... state of karnataka (supra), we do not propose to examine whether services involved in construction of complexes is exigible to service tax as services in relation to execution of a works contract falling within the scope of section 65(105)(zzzza) of the act or under section 65b(44) after the amendments brought about in the act by virtue of finance act, 2012 - the said controversy is outside the scope of the present petitions and it would not be appropriate for us to examine it in these petitions [see hindustan polymers co. ..... the supreme court further concluded that prior the enactment of the finance act 2007 - by virtue of which section 65(105)(zzzza) of the act was introduced and section 67 of the act was amended - a composite contract was not taxable. ..... clause (zzzh) was introduced in section 65(105) of the act by the finance act, 2005, with effect from 16th june, 2005, to bring services in relation to construction of a complex within the definition of 'taxable service'. ..... union of india: (2005) 4 scc 214 and quoted the following passage from the said judgment:- this mutual exclusivity which has been reflected in article 246(1) means that taxing entries must be construed so as to maintain exclusivity ..... of excise and customs, the relevant extract of which is reproduced below:- service tax on construction services 8.1 the service tax on construction of commercial or industrial construction services was introduced in 2004 and that on construction of complex was introduced in 2005. 8.2. .....

Cit Vs. Engineers India Ltd

Court : Delhi

..... section 244a of income tax act which is at the core of this dispute, as it stands after amendment by finance act, 2005 ..... (6) a person who is served with an order of the assessing officer under sub- section (3) or amended order under subsection (4) shall, if in his estimation the advance tax payable on his current income would exceed the amount of advance tax specified in such order or amended order or intimated by him under sub- section (5), pay on or before the due date of the last installment specified in section 211, the appropriate part or, as the case may be, the whole of such higher ..... assessing officer under sub- section (3) or an amended order under subsection (4) may, if in his estimation the advance tax payable on his current income would be less than the amount of the advance tax specified in such order or amended order, send an intimation in the prescribed form to the assessing officer to that effect and pay such advance tax as accords with his estimate, calculated in the manner laid down in section 209, at the ..... a previous year later than that referred to in subsection (3), the assessing officer may make an amended order and issue to such assessee a notice of demand under section 156 requiring the assessee to pay, on or before the due date or each of the due dates specified in section 211 falling after the date of the amended order, the appropriate percentage, specified in section 211, of the advance tax computed on the basis of the total income declared in such return .....

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)7STR673

..... the show cause notices invoking the extended period were not sustainable under the provisions of section 73, as it stood prior to the amendment in the finance act, 2003 and also under the provisions as amended by the finance act, 2003.the respondents relied upon the decision of the tribunal in l.h. ..... /- under section 75 of the finance act, 1994, and in the other case (service tax appeal no.224 of 2005) confirming ..... factory (supra), which is affirmed by hon'ble the supreme court by its order reported in 2005 (187) elt 5(sc), is wholly misconceived in view of the amendments in the law, particularly, by insertion of the proviso to section 68(1) and section 71a which created enforceable liability of the recipients of services from gtos during the period from ..... affirmation of that decision by hon'ble the supreme court by order dated 27.7.2005 cannot be construed as nullifying the effect of the ratio of the decision of the apex court ..... payable by the respondents was paid by them on 15.12.1997, 13.2.2004 and 15.3.2005, about which fact there was no dispute.3. ..... of the supreme court rendered on 27.7.2005, submitting that it should be followed in preference to the decision of the supreme court ..... court by its decision rendered on 17.3.2005 in gujarat ambuja cement ltd. ..... (supra), rendered on 17.3.2005, had held that legislature was competent to remove infirmities retrospectively and make any imposition of tax declared invalid, as valid, and that the reasoning of the adjudicating authority was not .....

G.D. Builders Vs. Uoi and anr.

Court : Delhi

..... finance act 2005 also saw introduction or service tax on construction of complexes (residential complexes) under section 65(105)(zzzh) with effect from 16th june, 2005. ..... said section has undergone further amendments from time to time and prior to its reenactment with effect from 18th april, 2006 vide finance act 2006. ..... of the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under constitution of india. ..... sales tax is payable and levied on material used in works contract with effect from 11th may, 2002 after amendment of the central sales tax act, 1956 vide finance act, 2002. ..... section 67 as amended with effect from 18th april, 2006 reads as under: section67 valuation of taxable services for charging service ..... thus, we find from the statement of objects and reasons that the concept of deemed sale is brought in by the constitution (forty-sixth amendment) act only in the context of imposition of sales tax and that the words transfer, delivery or supply of goods is referred to in the second limb of article 366(29-a) to broaden the tax base and that as indicated in the report of the ..... this led parliament to say, in the statement of objects and page 40 of 51 reasons to the amendment) act, constitution (forty-sixth though practically the purchaser in a hire-purchase transaction gets the goods on the date of entering into the hire-purchase contract, it has been held by the supreme court in .....

Yfc Projects P.Ltd. Vs. Uoi

Court : Delhi

..... 2005 (vide notification no.15/2005, dated 07.06.2005) further amended clause (105) of section 65 of the finance act, 1994 to extend the scope of the taxable services , so as to include the service of construction of residential complex services under section 65 (105) (zzzh) and further defined construction of complex and residential complex under sub-clause (30a) and (91a) respectively of clause (105) of section 65 of the finance act ..... aforesaid provisions were amended by the finance act, 2005, w.e.f. ..... annexure p-4) issued by the respondent as illegal and unconstitutional by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the production and supply of ready-mix concrete ..... writ/order/direction against the respondent declaring that the works contract started prior to 01.06.2007 are also eligible to pay the tax under the works contract services under section 65 (105) (zzzza) of the finance act, 1994 read with rules made thereunder by notification no.32/2007-st, dated 22.05.2007; d) issue such other writ/order/direction against the respondent for refund of the service ..... 01.06.2007 a further amendment to the finance act, 1994 was made whereby section 65 (105) (zzzza) was introduced whereunder .....

Commissioner Income Tax-i Vs. Chd Developers Ltd.

Court : Delhi

..... present case, revenue s submissions before the bombay high court that the amendment of section 80ib(10) and the insertion of clause (d) with effect from 1.4.2005 should be applied retrospectively was held to be without any merit in following words, in paragraph 32 of the bombay high court, which is reproduced as under: lastly, the argument of the revenue that section 80-ib(10) as amended by inserting clause (d) with effect from april 1, 2005 should be applied retrospectively is also without any merit, because, firstly, clause (d) is specifically ..... prior to its substitution, sub-section (10), as amended by the finance act, 2000, w.e.f. ..... it is also not in dispute that the approval was granted by the competent authority to the assessee on 16-3-2005 meaning thereby the project was approved before the amendment inserted/ substituted by finance (no.2) act of 2004, w.e.f. ..... inserted with effect from april 1, 2005 and, therefore, that clause (d) seeks to deny section 80-ib(10) deduction to projects having commercial user beyond the limit prescribed under clause (d), even though such commercial user .....