Judgment Search Results Home > Cases Phrase: finance act 2005 section 18 amendment of section 54ed Page 5 of about 4,192 results (0.116 seconds)

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 .....

The Commissioner of Income Tax-16 Vs. M/s Happy Home Enterprises and A ...

Court : Mumbai

..... the cit (appeals) observed that the provisions of section 80-ib(10) were substantially amended by finance (no.2) act, 2004 with effect from 1st april, 2005 wherein it was provided that the built up area of the shops and other commercial establishments included in the housing project should not exceed 5% of the aggregate built up area or ..... thereafter, by finance act, 2003 further amendments were made to section 80-ib(10) and 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 ..... section 16 of the finance act, 1955, amended s.24(2), and as a result of the amendment ..... be important to note another amendment that was brought about by finance (no.2) act, 2004 to sub-section (14) of section 80-ib, w.e.f. ..... the provisions of section 80-ib(10) were substantially amended by way of finance (no.2) act, 2004 w.e.f ..... section 80-ib(14) was also amended by the same finance (no.2) act, 2004 and for the first time under clause (a) thereof, the words built-up area ..... view of the matter, the definition of built up area, as inserted in sub-section (14)(a) of section 80-ib by the finance (no.2) act of 2004, which came into effect from april 1, 2005, cannot be held to be retrospective. .....

Court : Mumbai

..... in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of services (provided from outside india and received in india) rules, 2006, (6) rule 5 of the cenvat credit rules, 2004, (7) the commissioner of service tax v/s m/s sgs india private limited reported in ..... net effect is that the export of taxable service in relation to taxable services specified by section 65(105) of the finance act, 1994 and in the context of performance of services as are specified in category (iii) of sub-rule (1) of rule (3) of the export of service rules, 2005, would come within the purview of the rule as this stood at the relevant time only if the conditions are satisfied and these conditions are to be found in rule 3(2). ..... thus, the legal fiction created by section 66a of the finance act, 1994 applies to the export of service rules, 2005 also. ..... it is, therefore, submitted that if the appellants are relying upon the payment of service tax under the reverse charge mechanism under section 66a of the finance act, 1994, then, it cannot be considered as export of service within the meaning of rule 3(2)(a) of the export of service rules, 2005. .....

Commissioner of Wealth Tax vs.atma Ram Properties (P) Ltd.

Court : Delhi

..... the additional question that has been framed for consideration is: whether the income tax appellate tribunal (itat) was correct in law in holding that the amendment to sub-section 3 of section 40 by the finance act, 1988 (fa1988 by way of insertion of a proviso to the same is clarificatory and hence retrospective in nature?. ..... or any other precious metal or any alloy containing one or more of such precious metals; (v) land other than agricultural land; (vi) building or land appurtenant thereto, other than building or part wta no.16/2005 & connected matters page 12 of 38 provided that each such employee is an employee whose income (exclusive of the value of all benefits or amenities not provided for by way of monetary payment) chargeable ..... the finance act, 1960 (fa1960 exempted wta no.16/2005 & connected matters page 11 of ..... of law framed by the court in ita no.101/2002 against the order dated 13th august 2001 of the itat in ita no.5769/del/95 relating to ay199192 was: wta no.16/2005 & connected matters page 10 of 38 whether the income-tax appellate tribunal was correct in law in holding that the rental income received by the assessee from the tenants in ..... as such, considering all the facts of the case and keeping in view the legal position emanating from the various judicial pronouncements discussed hereinabove, we wta no.16/2005 & connected matters page 30 of 38 hold that the rental income received by the assessee in the year under consideration was assessable to tax under the .....

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. .....

Bpl Engineering Ltd. Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... 1,000/- for every day during failure to pay service tax under section 76 of finance act, 1994, on the ground that the appellants were receiving the services of goods transport operators (gto) during the period 16.11.1997 to 1.6.1998. ..... it has been held that the demands could be confirmed only if the show cause notice had been issued prior to the amendment to the finance act covering the said services.3. ..... on a careful consideration and perusal of records, we notice that the show cause notice was issued after the amendment brought to the finance act to cover the said services. ..... the learned counsel submits that as the show cause notice was not issued before the amendment, the demands cannot be confirmed in terms of the cited judgment.4. ..... latter by retrospective amendment, these services were held to be taxable.however, the show cause notice had been issued only after the amendment in 2004. ..... in terms of the cited judgment, demands cannot be confirmed as the show cause notice had not been issued prior to the amendment. ..... ) : 2005 (187) e.l.t. 5 (s.c.).2. .....

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 .....

C.C.E. Vs. Gujarat Borisil Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Reported in : (2007)13STT306

..... reported in 2005 (187) elt 5 (sc) and submits that the said decision has been taken into account the amendments by the finance act, 2000 as well as amendment by finance act, 2003 and came to the conclusion as follows: 8. ..... the amendment brought to the said finance act or the rules framed thereunder did not have the effect of bringing assessees like the appellants within the fold of section 73 as per the ruling of the apex court in l.h. ..... section 73 has also undergone certain amendments by finance act, 2003. ..... later on, under the finance act, 2003, section 71a was inserted in the finance act, 1994. ..... a show cause notice dated 23.7.04 seeking to demand duty in terms of section 68 of the finance act, 1994 read with section 73(1)(a) was issued. ..... the scn in the instant case was issued only on 3-4-2004 and the same was under section 73 of the finance act, 1994. ..... b) the original authority by his order dated 20.4.05 confirmed the demand of duty; ordered recovery of interest in terms of section 75 of the finance act, 1994. ..... relied by the ld sdr has taken into account that the return had been filed by the said company as per machinery provision under section 71a read with section 7a though service tax was paid by them subsequently, having lost on their writ petitions being dismissed by the hon'ble supreme court (para 13 of the decision). .....

Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2007)103ITD457(Chennai)

..... 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 ..... , 2005 in response to a notice served under this section and 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, but before the expiry of the time-limit for making the assessment, reassessment or recomputation as specified in sub-section (2) of section 153, such notice shall be deemed to be a valid notice. .....