Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Court: supreme court of india Page 1 of about 582 results (0.203 seconds)

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... not limited only to the amount outstanding and this provision equally applies in relation to the expenses that had already been incurred and paid by the assessee; that disallowance under section 40(a)(ia) of the act of 961 as introduced by the finance (no.2) act, 2004 with effect from 01.04.2005 is applicable to the case at hand relating to the assessment year 2005-2006; and that the benefit of amendment made in the year 2014 to the provision in question is not available to the appellant in the present case ..... learned counsel for the revenue has further contended that the amendment to section 40(a) of the act with insertion of sub-clause (ia) by the finance (no.2) act, 2004 with effect from 01.04.2005 directly applies to the assessment year 2005-2006; and for the appellant having failed to deduct tax at source from the payment made to the sub-contractors for the work of transportation, deduction of such payment has rightly been disallowed. 11.5. ..... . before proceeding further, it appears apposite to observe, as indicated in paragraph 7.3 hereinbefore, that in the copy of order passed by itat in this case, there is obvious typographical error on the date of coming into force of the amendment to section 40 of the act of 1961 by the finance (no.2) act, 2004 inasmuch as the said amendment was made applicable with effect from 01.04.2005 and not 01.04.2004, as appearing the copy of the order of itat .....

Signode India Limited Vs. Commr. of Cen.Excise and Customs-Ii

Court : Supreme Court of India

..... in the light of the discussions that have preceded, we are of the view that prior to the amendment made by the finance act of 2005 with effect from 16.06.2005, the appellant would not be liable to pay service tax on the service rendered by it in terms of section 65(23) read with section 105(zr) of the act.16. ..... sections 65(76b) and 65(105)(zzzf) were both inserted by the finance act, 2005 with effect from 16.06.2005. ..... the appellant seeks to disclaim such liability by contending that the service rendered by it amounts to a packaging activity which has made exigible to service tax by amendment to the finance act, 1994 and by insertion of section 65 (76b) and section 105(zzzf) with effect from 16.06.2005. ..... the liability of the appellant to service tax on the basis that the service rendered by the appellant amounts to cargo handling service within the meaning of section 2(23) of the finance act, 1994 [as amended by finance (no.2) act, 2004]. ..... a view, which would make the appellant liable to tax for the pre-amended period (prior to 16.06.2005) on the basis that the activity undertaken by it involves rendering of cargo handling service would run counter to the expressed legislative intention in a situation where its liability, for the post amendment period, on the basis that the appellant is engaged in packaging activity has not been disputed by the revenue.7. .....

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

..... though the legislature was conscious that the provisions of section 143 (1a) and 271(1)(c) are pari materia and were similarly interpreted by different high courts, while section 143(1a) was amended by finance act, 1993 with retrospective effect from 1.4.1989, the provisions of section 271(1)(c) have been amended much later by finance act, 2002 with prospective effect from 1.4.2003.29. ..... learned counsels appearing in different appeals filed by the assessee assailed the impugned judgment by contending that provisions of section 271(1)(c)(iii) prior to 1.4.1976 and after its amendment by the finance act, 1975 with effect from 1.4.1976, later provisions being applicable to the assessment year in question, being substantially the same, the high court in the impugned order erred in distinguishing prithipal singh's case (supra), and ..... on the contrary, the statue stated that the said amendment would come into effect on 1.4.2003 and therefore, would apply to only to future periods and not to any period prior to 1.4.2003 or to any assessment year prior to assessment year 2004-2005. ..... zam zam tanners) : [2005]278itr140(cal) (calcutta high court, cit v. r.g. ..... zam zam tanners : [2005]279itr197(all) ]. 14. ..... cit : [2005]279itr310(sc) .43. ..... cit), : [2005]276itr649(mp) , cit v. ..... 7115 of 2005)for the assessment year 1996-97, the assessee-appellant returned an income of rs. ..... 7115 of 2005.commissioner of income tax, delhi-i, the respondent herein, filed ita no. ..... : [2005]279itr310(sc) .41. .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... a scrutiny of part xiv of the finance act, 2017 discloses how by virtue of sections 158 to 182, parliament has amended twenty-five central enactments which form the foundation for multiple tribunals. ..... of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005); (xvi) section 30 of the armed forces tribunal act, 2007 (55 of 2007); (xvii) section 37 of the petroleum and natural gas regulatory board act, 2006 (19 of 2006); (xviii) section 31 of the airports economic regulatory authority of india act, 2008 (27 of 2008); (xix) section 22 of the national green tribunal act, 2010 (19 of 2010); (xx) section 423 of the companies act, 2013 (18 of 2013); 114 (xxi) section 38 of the .....

Commissioner Of Central Excise Raipur Vs. M/s Sepco Electric Power Con ...

Court : Supreme Court of India

..... section 65(31), post amendment 2005, reads as under: section 65(31) consulting engineer means any professionally qualified engineer or any body corporate or any other firm who, either directly or indirectly, renders any service, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering6.2 before it is considered, the effect of the amendment incorporating the words any body corporate , post 2005, we have to consider whether the original definition of consulting engineer under the finance act ..... 4.1 it is vehemently submitted that considering the provisions which was prevailing before the amendment on 01.05.2006 on interpretation of section 65 (31) of the finance act, 1994 and considering the fact that the definition of consulting engineer has been subsequently amended from 01.05.2006 to specifically include such services of any body corporate or any other firm , the learned tribunal has not committed any error in holding that prior ..... of this court is, the scope of definition of consulting engineer under section 65(31) of the finance act, 1994, specifically as to whether a body corporate is covered within its sweep prior to the amendment in 2005. ..... behalf of the revenue has submitted that the issue involved in the present appeal relates to the scope of the definition of consulting engineer under section 65 (31) of the finance act, 1994, specifically as to whether a body corporate is covered within its sweep prior to the amendment in 2005. .....

C.I.T Mumbai Vs. M/S Sarkar Builders

Court : Supreme Court of India

..... thereafter, by finance act, 2003, further amendments were made to section 80ib(10), which read as under: (10) the amount of profits in case of an undertaking developing and, building housing projects approved before the 31st day of march 2005 by a local authority, shall be hundred per cent of the profits derived in any previous year relevant to any assessment year from such housing project if - (a) such undertaking has commenced or commences development and construction of the ..... are concerned with the amendment to the said sub-section carried out by finance no.2 act, 2004 w.e.f. ..... significant amendment, with which we are directly concerned, was carried out by finance (no.2) act, 2004 with effect from 1.4.2005. ..... by finance act, 2010, clause (d) is amended to the effect that the commercial user should not exceed three percent of the aggregate built-up area of the housing project or five thousand square feet whichever ..... also point out at this stage itself that though section 80ib has been on the statute book for quite some time, a new section 80ib had been introduced by the finance act, 1999 w.e.f. ..... assessees were made known of the provision by which these projects are to be completed as those dates have been specified from time to time by successive finance acts in the same provision section 80ib. ..... another important amendment was made by this act to sub-section (14) of section 80ib with effect from 1.4.2005 and for the first time under clause (a) thereof the words 'built- up area' were .....

Union of India (Uoi) and ors. Vs. MartIn Lottery Agencies Ltd.

Court : Supreme Court of India

Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301

..... , delhi-i : [2007]289itr83(sc) , holding:it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003. ..... whether sale, promotion and marketing of lottery tickets would be exigible to `service tax' within the meaning of the provisions of section 65(105) of the finance act, 1994 (hereinafter called and referred to for the sake of brevity as `the act') is the question involved in this appeal which arises from a judgment and order dated 18.9.2007 passed by the high court of sikkim in ..... after the special leave petition was filed in this court, the parliament by finance act, 2008 inserted an explanation in sub-clause (ii) of section 65(19), which came into force on or about 16.5.2008 and reads as under:explanation--for the removal of doubts, it is hereby declared that for the purposes of this sub- clause, 'service in relation to promotion or marketing of ..... the statue stated that the said amendment would come into effect on 1.4.2003 and therefore, would apply to only to future periods and not to any period prior to 1.4.2003 or to any assessment year prior to assessment year 2004-2005. ..... union of india reported in : (2005) 4 scc 241, tax was not sought to be imposed on `betting' or `gambling' or `entertainments' or `amusements' as provided in the entries 34 and 62 of list ii of the seventh schedule to the constitution of india, but on the services rendered in ..... [2005 ..... : 2005(181)elt359(sc) .....

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

..... royalty under the income tax act67 the insertion of sub-sections (v), (vi) and (vii) in section 9(1) of the income tax act, by way of an amendment through the finance act 1976,37 was to introduce source-based taxation for income in the hands of a non-resident by way of interest, royalty and fees for technical services. ..... equally, he submitted that the retrospective amendment to section 9(1)(vi) of the income tax act brought in by the finance act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also not be applied to the dtaa in question.14. ..... he relied upon the judgment in union 7 notification no.gsr610e), dated 8-8-1994 as amended by notification no.so1022e), dated 18-7-2005; no.s.o. ..... succeeded vide an order dated 25.11.2005, in which the itat followed its previous order dated 18.02.2005, passed in samsung electronics co. ..... samir kumar mahaseth, (2005) 3 scc601 (at paras 13 and 14).48. ..... after setting out the facts in one of the appeals treated as the lead matter, namely ita no.2808/2005 concerning samsung electronics co. ..... deputy cit, dated 22.06.2005 [ motorola (itat) ]. ..... nokia (2005) 147 taxman39(delhi). ..... , 2005 (1) scc308(see paragraph 27). ..... , 2005 (1) scc308 he assailed the impugned judgment of the high court of karnataka by referring to article 12 of the agreement between the government of the republic of india and the government of the republic of singapore for the avoidance of double taxation .....

Union Of India Vs. Rajeev Bansal

Court : Supreme Court of India

..... 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 clause (ii) of 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 ..... 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 .....

Commnr. of Income Tax, Jalandhar-i Vs. Shri Rajiv Bhatara

Court : Supreme Court of India

Reported in : (2009)222CTR(SC)209; [2009]310ITR105(SC); JT2009(4)SC39; 2009(3)SCALE16; (2009)13SCC315; [2009]178TAXMAN285(SC)

..... amendment was incorporated on 1.6.2002 by inserting proviso to section 113 by finance act ..... to 1.6.2002, the position was ambiguous as it was not clear even to the department as to whether surcharge was leviable with reference to the rates provided for in finance act of the year in which the search was initiated or the year in which the search was concluded or the year in which the block assessment proceedings under section 158bc were initiated or the year in which block assessment order was passed. ..... doubt precisely, the proviso has been inserted in section 113 by which it is indicated that finance act of the year in which the search was initiated ..... though parliament was aware of rate of tax prescribed by section 113 and yet in the various finance acts, parliament has sought to levy surcharge on the tax ..... reading section 2(1) of the finance act, 2001, it is clear that the term `income tax' as used in section 2(1) and proviso to section 2(3) of the said act did ..... assessing officer has applied the rate of surcharge at 17% which rate finds place in para a of part i of schedule i to the said finance act of 2001, therefore, surcharge leviable under finance act was a distinct charge, not dependent for its leviability on the assessee's liability to pay income tax but on assessed tax.13. ..... revenue the tribunal upheld the order dated 12.9.2005 passed by the cit (a) holding that the search in the present case took place on 6.4.2000 which was much prior to the date of amendment made in section 113. .....