Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Court: rajasthan Page 1 of about 38 results (0.057 seconds)

Shree Rajasthan Texchem Ltd. and ors. Vs. Union of India (Uoi) and ors ...

Court : Rajasthan

Reported in : 2008(229)ELT50(Raj)

..... writ petitions, that probably in view of the judgments rendered by the learned tribunals in different cases, that the finance act, 2000 was enacted, incorporating section 112, to validate the denial of credit, but then, the constitutional validity of that section was challenged before this court by making appropriate amendment, with appropriate leave of the court, and thus the matter did remain pending before this court, obviously therefore, ..... in our view, in view of the above discussion, the question as framed is required to be answered in the manner, that the learned tribunal was not right in coming to the conclusion, that under section 112(2)(b) of the finance act, interest can be levied, even where there is no adjudication of the show cause notices, which were pending decision, at the time of commencement of the aforesaid provisions, rather liability of interest can be ..... the credit of duty, which have been taken or utilised but which would not have been allowed to be taken or utilised, if the provisions of sub-section (1) had been in force at all material times, within a period of thirty days from the date on which the finance act, 2000 receives the assent of the president and in the event of non-payment of such credit of duty within this period, in addition to the amount ..... was allowed, vide judgment dated 8.11.2004, reported in : 2005(180)elt3(sc) , wherein it was found, that inadvertently attention of the court was not drawn to provisions of section 112 of finance act, 2000. .....

Cit Vs. Dowager Maharani Residential Accommo and ors.

Court : Rajasthan

Reported in : (2008)217CTR(Raj)497

..... during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment ..... or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 .....

Commissioner of Income Tax Central Vs. Anil Hastkala (P) Ltd. and anr.

Court : Rajasthan

Reported in : (2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)

..... a period of four years from the end of the financial year in which such application was allowed to be proceeded with.sub-section (4a) to section 245d duly amended vide finance act, 2007 reads ad infra:(4a) the settlement commission shall pass an order under sub-section (4), -(i) in respect of an application referred to in sub-section (2a) or sub-section (2d), on or before the 31st day of march, 2008;(ii) in respect of an application made on or after the 1st day of june, 2007, within twelve months from the end of the month in which ..... counsel for assessee further submits that hearing as provided under section 245d(4) of the act is to be considered in context of statutory requirement in view of amendment under finance act, 2007 as per which applications pending on or before 01/06/2007 have to be decided by settlement commission by 31/03/08 and this hon'ble court has directed settlement commission to decide applications by 31/03/08; and as observed in orders impugned, there being more than ..... however, by later amendment made for substitution vide finance act, 2007, procedure has been changed and after receipt of application under section 245-c, procedure like impugned here where report as earlier required from commissioner (it) is not required, and after hearing applicant assessee, settlement commission under statutory period of fourteen days by an order in writing either to reject or allow ..... om prakash mittal : (2005(273) itr 326).13. .....

Western Rajasthan Colour Lab Association Vs. Union of India (Uoi)

Court : Rajasthan

Reported in : 2008[9]STR351

..... the apex court found that while considering the challenge to the letters of finance ministry clarifying doubts regarding interpretation of provision of section 67, in regard to computation of value of service rendered in the case of photograph services, the real challenge was to amendment in the finance act, which the supreme court had already upheld in the case of kerala colour lab association : [2003]264itr633(ker) .6. ..... the dispute relates to the manner in which the value of service, rendered by them is to be computed for the purpose of determining service tax payable by them.under section 67 of the finance act, 1994, the value of taxable service is defined as gross amount charged by 'the service providers' for such service rendered by them. ..... in the wake of this general definition, an explanation has been inserted under section 67 specifying certain individual cases of different kinds of services for the purpose of determining taxable value of services provided but the same do not include any provision about the determination of valuation in case of 'photography service', though ..... after recalling the order dated 21st april, 2005, by a separate order passed in d.b. ..... : [2005]279itr118(sc) . .....

Rakesh Kumar Gangwal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2008(4)Raj3568

..... during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, reassessment ..... or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and endkig on the 30th day of september, 2005 .....

Shree Cement Limited and anr Vs. State of Raj. and ors

Court : Rajasthan Jodhpur

..... . 11.10.201157/105entitled to get 75% as the petitioner claims in the present writ petition ever since the clarification in the form of circulardtd.22.5.2008 was issued by the finance department in exercise of its power under clause 11 of the rips,2003 that no benefit of amendment dtd.2.12.2005 can be granted after 28.4.2006, the respondents deserve to be directed to release over due amount of subsidy to the petitioner with interest along with litigation expenses.19. ..... the orders of slsc could not be revised by invoking revisional powers by principalsecretary under clause 13 of the rips 2003 which are akin to section 263 of the income tax act in view of settled legal position in this regard.viii) that 45% upfront subsidy givenunder the notificationdtd.2.12.2005 is not given in cash to the petitioner but is also set off against the future sales tax liability of the petitioner company and ..... interest introduced, before invocation of section 21 of the general clauses act in sant steels case, in fact, amounts to amendment of the said provision, as notifications dated 18.6.1998 and 25.1.1999, issued under section 49 of the 1948 act, as well as notification dated 7.8.2000, issued under section 24 of the u.p ..... . the appellants, then filed the present appeals.allowing the appeals, the supreme court held : in terms of section 6(c) of the general clauses act, 1897, unless a different intention appears the repeal would not affect any right, privilege or liability acquired, .....

Binani Cement Ltd., Vs. State (Finance) and ors

Court : Rajasthan Jodhpur

..... the the impugnedpetitioner binani cement limited challengingrectification order and consequential demand notices issued against it for assessment year 2005-2006 and 2006-2007 in which demand of approximately rs.64.30 lacs has been raised against the said company manufacturing cement, as a consequence of amendment brought in section 8 of the cst act, 1956 including section 8(5) of the said act by finance act no.20/2002 with effect from 11.5.2002 prohibiting the state government to dispense with requirement of furnishing declaration in ..... nature of inter-state sale shall be on the dealer; and notfn shall not be eligible to claim benefits provided by notfn no.f.4(72)fd/gr.iv/81-18 dated 6.5.1986 as amended from time to time (s.no.625).5.section 8 of the cst act as amended by finance actno.20/2002 with effect from 11.5.2002 is also reproduced herein below for ready reference:prior to amendment after amendment8.rates of tax on sales in the course of 8.rates of tax on sales in the course of inter-state trade or commerce inter- ..... counsel for the petitioner on the strength of an administrative order passed by the secretary (revenue) of the finance department of the government of rajasthan, a copy of which is placed on record as annex.7 and which is reproduced hereunder, is that since the inter-state tax liability under the said act for the period between 13.5.2002 to 25.9.2005 was written off by the state government, therefore, the central sales tax recovered from the petitioner assessee .....

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

Court : Rajasthan

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

..... even without the proviso, the rate prescribed by the finance act of the previous year would have been applicable to the dividend income by virtue of the provisions of section 2(3)(a) of the relevant finance act; but the very same provisions have been added to para, 6a, in the form of a proviso and the same would make no difference to the interpretation of the main enacting part of para. ..... the proviso, as mentioned above, merely makes the provisions of section 2(3)(a) of the finance act applicable in the calculation of rebate or concession relating to dividend income or deemed dividend income. ..... section 2(3)(a) of the finance act of each of the years 1952, 1953, 1954 and 1955 provided that in case the total income of an assesses included income from dividends, in respect of which the assesses himself would be deemed to have paid income-tax imposed under the act by virtue of the provisions of section 49b of the 1922 act, such assessee shall be deemed to have paid income-tax on that part of the total income at a rate applicable to the total income of the assessee in the ..... the obvious object of the concession provided by the taxation laws (extension to merged states and amendment) act of 1949 and by the part b states (taxation concessions) order, 1950, was to provide rebate to the assesses of the former indian states, in order to avoid hardship and anomalies and to remove difficulties that may arise on account of .....

Jodhpur Chartered Accountants Society and anr. Vs. Union of India and ...

Court : Rajasthan

Reported in : (2002)176CTR(Raj)177

..... the provisions relating to service-tax as originally enacted were amended to some extent by the finance act, 1996, and some more services namely, radio, pager services, advertising services and courier services were covered. ..... (3) with effect from the date notified under section 88 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 in sub-clause. ..... further, in exercise of the powers conferred by section 93 of the finance act, 1994, the central government has exempted in the public interest the taxable services other than of auditing and accounting provided by a practising chartered accountant in his professional capacity to a client from the whole of service-tax ..... sections 68 to 71 as originally enacted by the finance act, 1994, have also been substituted by the finance (no. ..... (5) 'architect' means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972) and also includes any commercial concern engaged in any manner whether directly or indirectly, in rendering services in the field of architecture;................ ..... union of india (1999) 11 dtc 197 (sc) : (1999) 105 taxman 630 (sc) pointed out that section 66 which is the charging section has to be read with section 65(d)(41) (now section 65(48)) that the charge of the tax is on the person, who is responsible for collecting the service-tax. .....

Purshottamdass Bangur Vs. Commissioner of Income-tax, Rajasthan, Jaipu ...

Court : Rajasthan

Reported in : AIR1970Raj70; [1969]74ITR378(Raj); 1969()WLN83

..... in our opinion, the term 'income-tax' has been used in sub-section (3) (a) of the finance act, 1957 in that limited sense in which it has been used in sub-section (1), and while computing the amount of income-tax on dividend income under clause (a) of subsection (3) of section 2 of the finance act of 1957 by applying the rate or rates applicable under the operation of the finance act, 1956 it is the amount of income-tax simpliciter which is determined and which does not include the amount either of surcharge ..... assessment year 1957-58 and referred the following question to this court under section 66 (1) of the act: 'whether on the facts and in the circumstances of the case surcharge was a separate item of taxation different from income-tax and therefore the special surcharge imposed as per finance act, 1957 was leviable on income from dividends in spite of the provisions contained in clause (a), sub-section (3) of section 2 of this finance act to the effect that income-tax on income from dividends would be charged ..... an objection was taken by the assessee before the income-tax appellate tribunal, delhi bench 'b' that the special surcharge on unearned income at the rate of 15 per cent as provided by the finance act of 1957 could not be imposed on the dividend income of the assessee for that year because of the provisions of section 2 (3) (a) of the finance act, 1957, which provides that the income-tax on dividend income could be calculated as per the rates under operation of the .....