Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Page 11 of about 4,192 results (0.121 seconds)

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

..... the amendment was incorporated on 1-6-2002 by inserting proviso to section 113 by finance act, ..... the assessee, prior 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. ..... clear that 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 would ..... therefore, even without the proviso to section 113 (inserted vide finance act, 2002 with effect from 1-6-2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6-4-2000 and accordingly surcharge was leviable on the ..... 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 in the case of ..... 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 not include the amount ..... 12-9-2005 passed by the commissioner (appeals) 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 .....

The Commissioner of Income Tax-ii Vs. M/S. Brahma Associates

Court : Mumbai

..... , the special bench of the itat held that the deduction under section 80ib(10) as it stood prior to its amendment by finance (no.2) act of 2004 with effect from 01/04/2005 would be available in the following cases:-(a) where the project consisting of residential units and commercial units is approved as a 'housing project' by the local authority, then irrespective of the percentage of the commercial user in the housing project, deduction under section 80ib(10) would be allowable on the profits of the entire project;(b) where ..... the submission is that upto 1/4/2005 the legislature intended to allow deduction under section 80ib(10) to housing projects consisting of only dwelling units / residential units and with effect from 1/4/2005 the legislature decided to extend the benefit of section 80ib(10) to projects consisting of commercial establishments to the extent permitted by section 80ib(10) as amended by finance act, 2004. ..... the project is approved as residential plus commercial, the deduction under section 80ib (10) would be allowable .....

Cce, Allahabad Vesus M/S Hindalco Industries Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... after the retrospective amendment by finance act 2000, the question arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period as per rule 2 (1) ..... section 73 was amended by finance act 2004, to replace section ..... overcome the defect pointed out by the apex court in the case of laghu bharati udyog (supra), the parliament made retrospective amendment by section 117 of the finance act, 2000. ..... section 73 of the finance act as it stood prior to the amendment made on 10-09-2004 to read as under: ..... show cause notice in this case is issued after the retrospective amendment made by finance act, 2000 but before the amendment made by finance act, 2003 and 2004 in this matter which are also being mentioned in this order for sake of clarity on the issue and for the reason that though show cause notice was issued on 11-10-2002 it was adjudicated on 20-03-2008 during which time those amendments also had come into force. 7. ..... we note that two high courts have decided that demands issued even after amendments by finance act, 2004 for liability that arose for the period the 16-11-97 to 02-06-98 were barred by ..... finance act, 1994 was amended again by finance act 2003 to insert a clause 71a retrospectively for the period 16th day of july, 1997 and ending with the 16th day of october, 1998, reading as under: ..... which was affirmed by the apex court as reported at 2005 (187) elt 5 (sc) in favour of the service .....

Housing and Urban Development Corporation Limited vs.additional Commis ...

Court : Delhi

..... specific reference is drawn to section 36 of the nhb act which states that the provisions of chapter v relating to housing finance institutions receiving deposits would have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law .10. ..... be said that the nhb guidelines have to be treated as having been incorporated into rule 6eb in the sense that every amendment or modification in the nhb guidelines has to ipso facto be read into rule 6eb.20. ..... rule 6eb was amended to make it consistent with the guidelines, fresh guidelines issued with effected from 31st march, 2005 did not result in the corresponding amendment to the rules ..... words, the ao held that the npa was to be classified as per rule 6eb of the rules and not by the amended guidelines of the national housing bank ( nhb ) effective from 31st march, 2005.6. ..... after 31st march, 2005, the nhb guidelines mandated that where the interest on the loan was not received for a period of more than 90 days, it was to be treated as ..... prior to 31st march, 2005 the criteria for terming a loan to be an npa remained the same, both, in terms of the nhb guidelines as well as the ..... /2012; 1167/del/2012; 1168/del/2012; 3365/del/2013 and 3366/del/2013 for the assessment years ( ays ) 2005-06 to 2009-10 respectively.2. ..... accrued on classified npas according to the guidelines of national housing bank ( nhb ) issued with effect from 31st march, 2005. .....

Association For Democratic Reforms Vs. Union Of India Cabinet Secretar ...

Court : Supreme Court of India

..... (i) section 135 of the finance act 2017 and the corresponding amendment carried out in section 31 of the reserve bank of india act, 1934, (ii) section 137 of the finance act, 2017, and the corresponding amendment carried out in section 29c of the representation of the people act, 1951 (iii) section 11 of the finance act, 2017 and the corresponding amendment carried out in section 13a, the income tax act, 1961 (iv) section 154 of the finance act, 2017 and the corresponding amendment carried out in section 182 of the companies act, 2013 and (v) section 236 of finance act, 2016 and the corresponding amendment carried out in section ..... the prayers made in the said writ petition were for (i) a declaration that all national and regional 2 political parties are public authorities under the right to information act, 2005; (ii) a direction to the election commission of india to collect all information concerning the finances of political parties; (iii) a direction to all national and regional political parties to mandatorily disclose complete details about their income, expenditure, donations and funding as well as full details of the donors.3. .....

Prabhu Narayan and Co. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2008)12STJ386CESTATNew(Delhi)

..... 1000/- and amount equal to tax confirmed under the provisions of section 76, 77 and 78 of the finance act, 1994 respectively, i find that it is possible to dispose of the appeal at this stage and hence i proceeded to decide the appeal after waiving the requirement of pre-deposit.2. ..... there is no dispute that prior to 16.5.2005, the definition of 'manpower recruitment agency' did not include supply of manpower and it is only after the amendment in may, 2005 that, the definition was inserted so as to include supply also for the purpose of service leviable to service tax.3. .....

Commissioner of Central Excise Vs. Coimbatore Kanaraga Lorry and

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

Reported in : (2008)(11)SLR120

..... under section 65(19) of the finance act, 1994, any service in relation to promotion or marketing or sale of goods produced or provided by or belonging to the client and also the service rendered by a commission agent were within the coverage of bas, during the material period. ..... 8/2004-st dated 09.07.2004, whereby the general exemption available to all commission agents under the notification prior to the amendment came to be restricted to commission agents engaged in the sale or purchase of agricultural produce on behalf of clients. ..... 13/2003-st after its amendment on 09.07.2004. ..... it was amended by notification no. ..... 2,03,630/- for the period july, 2003 to february, 2005 and imposing penalties. .....

iran National Airlines Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2006(202)ELT588(Bom)

..... the original authority also confirmed the amount of interest at the rate of 20% per annum from the date of demand and penalty levied under section 35(a) of the finance act, 1979 and same was adjusted from the collection charges paid during the financial year 1997-98.12. ..... it is clear from the order passed by the government of india that a minimum penalty has been imposed under section 38(3) of the finance act and so also under rule 10a(1) of the ftt, 1979. ..... mens rea is not sine qua non to the imposition of penalty under section 38(3) of the finance act, 1979 or rule 10a(1) of ftt, 1979. ..... for imposition of penalty under section 38(3) of the finance act, 1979 or rule 10a(1) of ftt, 1979, intention of delayed payment of tax on the part of the petitioner is not ..... 060/- under section 38(3) of the finance act, 1979. ..... this clearly indicates that during that period the petitioner did not act in accordance with foreign travel tax (amendment) rules, 1979 as amended in 1994 in filing the returns and payment of the tax collected from the passengers within the time required in law ..... that the petitioners were required under the foreign travel tax (amendments) rules, 1979 as amended in 1994 to collect foreign travel tax (ftt) from their passengers and pay the said tax collected in any month into treasury within 30 days from the end of that month and also file a ..... the said revision application was dismissed by the order dated 22nd november, 2005. ..... the said appeal came to be dismissed on 1st april, 2005. .....

Commissioner of Income Tax, Delhi Vs. Woodward Governor India P. Ltd.

Court : Supreme Court of India

Reported in : (2009)223CTR(SC)1; [2009]312ITR254(SC); JT2009(5)SC378; 2009(5)SCALE198; (2009)13SCC1; [2009]179TAXMAN326(SC); 2009(3)LC1519(SC)

..... in such cases, we are required to consider the provisions of section 43(1), 43a (both, before and after amendment vide finance act, 2002).facts in m/s woodward governor india p. ..... learned counsel next contended that on a proper and true interpretation of the amendment to section 43a, introduced by finance act, 2002, section 43a is clarificatory. ..... the words used in the unamended section 43a were 'for making payment' and not 'on payment' which is now brought in by amendment to section 43a vide finance act, 2002.34. ..... lastly, we are of the view that amendment of section 43a by the finance act, 2002 w.e.f. ..... shri parag tripathi, learned additional solicitor general appearing on behalf of the department, submitted that in section 43a (as it stood prior to finance act, 2002) the expression 'for making payment' is in the context of increase or decrease of liability and the same hinges on 'making the payment towards the whole or a part of ...'. ..... consequently, section 43a was introduced in the act by finance act, 1967 w.e.f. ..... the period in question in the batch of civil appeals is prior to finance act, 2002, therefore, we are required to consider the scope of section 43a (unamended).30. ..... by judgment and order dated 1.4.2005 the tribunal relying on its earlier decision in the case of m/s woodward governor india p. .....

Commissioner of Income Tax Kolkata-iii Vs. Alom Extrusions Limited

Court : Supreme Court of India

Reported in : (2009)227CTR(SC)417; [2009]319ITR306(SC); JT2009(14)SC441; 2009(14)SCALE163; (2010)1SCC489; [2009]185TAXMAN416(SC)

..... by finance act, 2003, the second proviso to section 43b of the act not only got deleted but the said finance act, 2003, also amended the first proviso with effect from assessment year 2004-2005. ..... prior to the amendment of section 43b of the act, vide finance act, 2003, the two provisos to section 43b of the act read as under:provided that nothing contained in this section shall apply in relation to any sum referred to in clause (a) or clause (c) or clause (d) or clause (e) or clause (f), which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year in which the liability to pay such sum was incurred ..... we quote hereinbelow the first proviso to section 43b of the act after its amendment by finance act, 2003, which reads as under:provided that nothing contained in this section shall apply in relation to any sum which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year in which the liability to pay such sum was incurred as aforesaid and the evidence of such payment .....