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 .....
Tag this Judgment!Court : Supreme Court of India
..... was suggested that the definition of party under section 2(1)(h) be amended to also include the expression a person claiming ..... could be invoked at the instance of a signatory to the arbitration agreement only in respect to disputes with another signatory party;15 (ii) the court would adopt a strict interpretation of the provisions of the arbitration act, particularly the unamended section 8 which only allowed reference of parties to an arbitration agreement; and (iii) there was an emphasis on formal consent of the parties, thereby excluding any scope for implied consent of the non-signatories to ..... therefore, the uncitral model law could be referred to while construing the provisions of the arbitration act.65 although the amended section 7 of the uncitral model law has not been adopted in the indian law, it reflects the modern commercial ..... a two- judge bench of this court held that when a third party is impleaded in a petition under section 11(6) of the arbitration act, the referral court should 125 (2005) 7 scc234126 (2011) 11 scc375102 part g delete or exclude such third party from the array of parties ..... monnet finance limited62 that there will be an exchange of statements of claim and defence for the purposes of section 7(4)(c) if there is an assertion of the existence of an arbitration agreement in any suit, petition or application filed before any court or tribunal, and if there is no ..... finance ..... monnet finance ltd, (2011) 1 scc32019 part c non-signatory parties to the arbitration .....
Tag this Judgment!Court : Supreme Court of India
..... it was concluded that the doctrine of mutuality 62 continues to be applicable to incorporated and unincorporated members clubs even after the 46th amendment introducing article 366(29-a) into the constitution of india and that sub-clause (f) of the said article has no application to member s clubs in the context of the finance act, 1994 which, inter alia, deals with tax on services. ..... discussing elaborately on the definition of club or association; taxable service in the context of payment of service tax; and in the context of the definition of service under the finance act, 1994, it was observed that from 2005 onwards, the finance act, 1994 does not purport to levy service tax on members clubs in the incorporated form. ..... group d cases were with regard to the question as to whether, an association consisting of film distributors and exhibitors incorporated as a company under section 25 of the companies act, 1956 was liable to be taxed in respect of (a) admission fees, readmission fees, periodical subscriptions from the members etc. ..... .9 sri andhyarjuna, learned senior counsel at the outset referred to sub-section 24 of section 2 of the act which defines income tax and particularly clause (vii) which speaks about the profits and gains of any business of insurance carried on by a mutual insurance company or by a co-operative society, computed in accordance with section 44 or any surplus taken to be profits and gains by virtue of provisions contained in the first schedule of the act. .....
Tag this Judgment!Court : Supreme Court of India
..... significantly, the same finance act, 1987 also introduced provisos to section 43b, through amendment (clause 10 of the finance bill). ..... it is important to note once again that, by the finance act, 2003, not only is the second proviso deleted but even the first proviso is sought to be amended by bringing about a uniformity in tax, duty, cess and fee on the one hand vis- -vis contributions to welfare funds of employee(s) on the other. ..... it is important to note once again that, by finance act, 2003, not only the second proviso is deleted but even the first proviso is sought to be amended by bringing about an uniformity in tax, duty, cess and fee on the one hand vis-a-vis contributions to welfare funds of employee(s) on the other. ..... , (2010) 1 scc489 8 of deletion of the second proviso to section 43b of it act (by finance act, 2003) and whether the same operated prospectively. ..... these amendments will take effect from 1st april, 2004 and will, accordingly, apply in relation to the assessment year 2004-2005 and subsequent years.42. ..... commissioner of central excise, 2004 supp (4) scr35 21 state of jharkhand v ambay cements, (2005) 1 scc368 30 this was also reaffirmed in a number of judgments, such as commissioner of income tax v. .....
Tag this Judgment!Court : Supreme Court of India
..... the stipulation in clause (b) of sub-section (1) of section 44 has been amended vide act 20 of 2005, act 2 of 2013 and the finance (no.2) act, 2019. ..... section 45 has been amended vide act 20 of 2005, act 13 of 2018 and finance (no.2) act, 2019. ..... the original provision prior to amendment vide finance act, 2015 and finance (no.2) act, 2019, took within its sweep any property (mentioned in section 2(1)(v) of the act) derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence (mentioned in section 2(1)(y) read with schedule to the act) or the value of any such property. ..... the challenge is essentially to the amendment effected in the second proviso in sub-section (1), vide finance act, 2015.57. ..... these ingredients are intrinsic in the original provision (section 3, as amended until 2013 and were in force till 31.7.2019); and the same has been merely explained and clarified by way of explanation vide finance (no.2) 287 act, 2019. ..... this provision has undergone amendment vide act 20 of 2005, act 2 of 2013 and finance (no.2) act, 2019. ..... by inserting section 45(1a) in the 2002 act vide amendment act 20 of 2005, was essentially to restrict and explicitly disable the police officer from taking cognizance of the offence of money-laundering much less investigating the same. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... 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 subsection (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 recomputation 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, in response to a notice served under this section .....
Tag this Judgment!Court : Karnataka
..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....
Tag this Judgment!Court : Karnataka
..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....
Tag this Judgment!Court : Karnataka
..... of the amendment of the twelfth schedule of the finance act, 2005 the rates stand amended ..... d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from ..... . legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein ..... apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution ..... central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is ..... c) declaration that section 136 of the finance act, 2001 under which there is levy and collection of national calamity contingent duty (hereinafter referred to as nccd ..... a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional .....
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