Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Page 4 of about 4,192 results (0.114 seconds)

Tumkur Dist. Co-op. Milk Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... ) has held that where the show cause notices have not been issued prior to amendment to protect demands, then the amendment brought under section 71a of finance act would not be operative. ..... on a careful consideration and on perusal of the impugned orders, the fact that the show cause notices have been issued after the amendment to the finance act is not disputed by the authorities.retrospective amendment to the finance act made applicable the demands on the persons availing the services of goods transport operators only if the show cause notices have been issued to protect the demands before the amendment. ..... all the counsels submit that the admitted position in the present cases are that the revenue did not protect their claim by issuing show cause notices prior to the amendment covering the persons utilizing the services of goods transport operators. ..... as in the present cases, the show cause notices admittedly have been issued after the amendment hence, the demands cannot be sustained. ..... 1199 to 1201/2005 dated 13-7-2005 allowing the appeals by applying the ratio of the apex court judgment and the tribunal judgments.3. ..... uoi , and has also held that the demands would not be sustainable if the show cause notice has been issued after the amendment. ..... 2005 (187) e.l.t. 5 (s.c. .....

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. .....

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

..... exemption in respect of maintenance of computer software prior to 2006, it is not even their case that in 2007, when the amendment was brought in the finance act, it was given retrospective effect and even the altered definition of the term, goods in the amendment of 2007 in the finance act, 1994 under section 65(105)(zzg) also was not given retrospective effect and hence, it cannot be said that the impugned circular attempts to give effect to the provisions or explains the changes proposed in the finance act,2005.18 ..... the writ petition is for declaration to declare the circular dated 7.10.2005 issued by the second respondent, the central board of excise and customs as ultra vires section 83 of finance act, 1994 read with sections 37b and 65(19) of the central excise act, 1944 and is in violation of articles 14, 19(1)(g) and 265 of the constitution of india insofar it relates to the petitioner.2. ..... therefore, according to the respondents, the maintenance branch of information technology was brought into the purview of service tax structure by the amendment made to section 65(19) by explanation (b) in finance act, 2004. ..... state of andhra pradesh [(2004) 178 elt 22 (sc) = (2005) 1 scc 308] and observed that software being goods, any service in relation to maintenance or repairing or servicing of software is liable for service tax under section 65(105)(zzg) read with section 65(19) of the finance act, 1994 and hence, the circular is in supercession of earlier circulars.5. .....

Mather and Company Pvt. Ltd., Kochi, Rep. by Its Managing Director K.M ...

Court : Kerala

Reported in : 2012(3)KLT41(SN)(C.No.43)

..... while so, there was an amendment to kvat act, 2003 as per the kerala finance act, 2007 (act 15 of 2007)-whereby two new provisos were added to section 8(a)(iii) which read as follows: provided further that this sub-clause shall not be applicable to any works taken up after 31st march, 2005 as a subsequent part of phase of the original work for which option had been filed under sub-section (7) or (7a) of section 7 of kerala general sales tax act, 1963 (15 of 1963). ..... constitutional validity of the newly introduced proviso to section 8(a) (iiii) of the kerala value added tax act, 2003 (hereinafter referred to as act) by the finance act 2007 (act 15/2007) published in the official gazette of the state of kerala dated 28.07.2007, taking away the benefit of the lesser rate of compounding, being availed by the petitioners with retrospective effect from 01.04.2005,is the main challenge in both the writ petitions. 2. ..... with regard to the scope of the newly added provisos, as per the finance act, 2007, this court finds that the amendment stands on a different footing, to meet a different situation and that the liability to satisfy higher tax in respect of the agreements executed between the petitioners and their clients during the period from 01.04.2005 to 31.03.2007, is not a direct result of the said amendment. .....

Commissioner of Income Tax Vs. Kuruvilla Abraham

Court : Chennai

..... on the other hand, the present case involving the assessment year 2005-2006 deals with section 2(14) of the income tax act, 1961, which was amended under the finance act 2007, as discussed supra. ..... per contra, the learned counsel appearing for the assessee submitted that the paintings are only the personal effects and when the relevant assessment year is 2005-2006, the amendment brought in by the finance act 2007 with effect from 1.4.2008 excluding the paintings from the personal effects cannot be applied retrospectively. ..... (ii) the paintings were excluded from the purview of personal effects and consequently included as one of the capital asset under section 2(14) only in pursuant to the amendment made under the finance act 2007 that too with effect from 1.4.2008. ..... an amendment was brought in to the above section 2(14) under the finance act 2007 with effect from 1.4.2008. ..... the tribunal also found that the paintings can be considered as capital asset only with effect from 1.4.2008 by virtue of the finance act 2007 and the relevant assessment year being 2005-2006, the paintings were not excluded under the definition of section 2(14) as the personal effects . ..... he also submitted that even though the amendment was brought in by the finance act 2007 to include the paintings also within the definition of capital asset, still it does not imply that the paintings were expressively included under the definition of "personal effects" for the earlier periods. .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... , from 1st april, 2005, pan masala was subject to additional duty of excise under section 85 of the finance act, 2005, as set out above ..... to the amendment made by the finance act of 2001, pan masala containing tobacco fell under chapter 21 of the schedule to the central excise tariff act, 1985. ..... the finance act 2001 carried out certain amendments for pan masala containing ..... heading 2403 was omitted from the first schedule to the ade act only with effect from 1st april, 2007, vide section 10 of the taxation laws (amendment) act, 2007 (act no.16 of 2007) read with the notification dated 29th march, 2007 ..... 1980 amendment act to the constitution, the report of the eleventh finance commission, twelfth finance commission for the period 2005-2010 and the further finance commissions. ..... then comes article 268a which was inserted by constitution (88th amendment) act, 2003 (section 2) and is titled as 'service tax levied by union and collected and appropriated by the union and the states', but this article has yet to be enforced. ..... parliament omitted chapter headings 2401, 2402 and 2403 and sub-heading and tariff item thereunder from the first schedule to ade act 1957 vide section 10, taxation laws (amendment) act, 2007 (act no.16 of 2007) effective from 1st april, 2007, without losing share of central taxes. ..... therefore, when section 10 of the taxation laws (amendment) act, 2007, was enacted to exclude tobacco from the schedule to the ade act effective from 1st april, 2007, then, that has to be .....

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 .....

Hotel Asoka Vs. the Commercial Tax Officer-1, Dept of Comml. Taxes

Court : Kerala

Reported in : 2008(1)KLJ419; (2009)25VST546(Ker)

..... the kgst act was amended by kerala finance act, 2005 providing far payment of tax at compounded rate by bar licencees running hotels not being star hotels of and above three star classification, heritage hotel or club. ..... 44/2006sub: kerala finance act, 2006 - amendments under kgst act, 1963 and kvat act, 2003 - payment of tax at compounded rate - dealers in foreign liquor and cooked food - instructions - issued - reg.as per the kerala finance act, 2006 certain amendments were made in section 7 of the kgst act and in section 8 of the kvat act, 2003 whereby certain changes were made in the provisions for payment of tax at compounded rate by dealers in foreign liquor and cooked food. ..... single judge, would contend, that the appellants have a vested right under section 7 of the act, as it stood originally to pay the turnover tax at the compounded rate in the manner provided in clause (a) and (b) of section 7 of the act for the year 2005-06 in view of the insertion of section 7 in the statute book by kerala general sales tax (amendment) act 2005 and the said right to exercise the option envisaged in the said section was allowed to be exercised during the financial year 2006-07 also and .....

The Union of India and Another Vs. the Highland Produce Co. Ltd. and O ...

Court : Kerala

..... of india reported in 1999 (6) scc 418 held that the infirmities pointed out by the supreme court that is, conflict between the statute particularly section 70 and the rules, continued to exist until finance act, 2005 introducing section 70(2) of the act with effect from 13.5.2005 was passed and so much so, rule providing for payment of service tax by the parties availing service is unenforceable. ..... even though standing counsel for the department relying on decision of the supreme court in gujarat ambuja cements case contended that amendment to the definition clause assessee, the charging section, section 66, section 68(2) and section 69(2) are sufficient to bring the respondents within the scope of the levy with effect from the date of introduction of tax on the transport ..... case of the respondents that found acceptance with the learned single judge is that inspite of amendment of the charging section and the machinery provision providing for collection of tax in the manner provided under the act and rules unless provision is introduced requiring the person availing service notified under section 69(2) to file the return, he has no liability to furnish the return and pay tax ..... india reported in 2005 (4) scc 214 and submitted that after the amendment to section 66 and introduction of section 68(2) and section 69(2) the lacunae pointed out by the supreme court in the first above referred judgment does not survive and respondents are liable to pay tax with effect from 1.1.2005. 3. .....

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 .....