Judgment Search Results Home > Cases Phrase: finance act 2005 section 97 collection and recovery of banking cash transaction tax Page 1 of about 340 results (0.214 seconds)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... since the tax on the transfer of the right to use copyright is covered under entry 54 of list ii, the union is not competent to levy and/or collect service tax on the transaction under section 65 of the finance act and is beyond the legislative competence of the parliament. ..... )a delivery of goods on hire-purchase or any system of payment by instalments; (iv)a transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; (v)a supply of goods any un-incorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration; (vi)a supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human ..... but, usually, it would be inexpedient, if not impossible, to recover the tax directly from the passengers and so, it would be expedient and convenient to provide for the recovery of the said tax from the owners of the vehicles themselves. ..... we may reiterate that equipment leasing and hire-purchase finance are activities of long term financing and they fall within the ambit of ".banking and other financial services".. ..... state of u.p, (2005) 2 scc515 ultimately even a tax on goods will be on the taxable event of ownership or possession. ..... union of india [(2005) 4 scc214, the writ petitioners were customers or clients of goods transport operators and forwarding and clearing agents. .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land owners of the petitioner, any service tax ..... the further submission of the learned senior counsel appearing for the petitioner that upto the year 2005, the said act was performed by the railway administration directly and on account of policy decision, it was entrusted to irctc and the ministry of railways is having 100% shares in the said corporation and it is also a government company; there was change of policy once again in the ..... software is goods and whether such transaction would amount to sale or service, would depend upon the individual transaction and so long as the parliament has the legislative competence to enact a law, the challenge should fail and accordingly, dismissed the ..... with regard to the arrears of service tax due as on 30th september 2011, we direct that on each of the appellant's clearing all the arrears as on the said date in three equated instalments, on or before 1st march 2012; 1st may 2012 and 1st july 2012, no coercive steps shall be taken against the appellants for the recovery of the said arrears.however, in the .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... the finance act of 1952 was a short document and section 2 thereof simply provided :the provisions of section 2 of and the first schedule to, the finance act 1951, shall apply in relation to income tax and super tax for the financial year 1952-53 as they apply in relation to income tax and super tax for the financial year 1951-52... ..... according to the tribunal this was done because if the income under the 'salaries' was to be assessed at the rates fixed by the finance act enacted for the current year it would entail considerable administrative work in the form of refund or collection in the final essessment. ..... sections 137 and 138 in chapter i headed 'finance' provided for levy and collection of certain succession duties, stamp duties, terminal tax, taxes on fares and freights, and taxes on income respectively ..... provisions of article 268 which is the first one under the heading 'distribution of revenue between the union and the states' relate to duties levied by the union but collected and appropriated by the states. ..... thus these articles deal with the levy, collection and distribution of the proceeds of the taxes and duties mentioned therein between the union and the states. ..... clause (1) says that tax on income other than agricultural income shall be levied and collected by the government of india and distributed between the union and the states in the manner provided in clause ..... 270 provides for taxes levied and collected by the union and distributed between the union and the states. .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... credit of duty as if the provisions of sub-section (1) had been in force at all material times;(b) recovery shall be made of all the credit of duty, which have been taken or utilized but which would not have been allowed to be taken or utilized, if the provisions of sub-section (1) had been in force at all material times, within a period of thirty days from the date on which the finance act, 2000 receives the assent of the president and in the event of non-payment of such ..... case, the availment of modvat credit was sought to be denied to the petitioner by issue of show cause notice, which was issued even before the enactment of section 112 of the finance act, 2000 and on an independent ground and on adjudication of the show cause notice, the petitioner was denied this credit for the period and the matter, it appears, became concluded, as the petitioner has not pursued an adverse order it suffered at the hands of cegat in the second appeal, but ..... constitutional provisions, under which a levy had been imposed and because of which courts have invalidated the levy, if is recanted retroactively and the defect or illegality which had been pointed out by the court is so removed with retrospective effect, the law becomes valid from its inception and therefore a judgment rendered in the context of examination of the invalid law becomes a judgment of no consequence and even a levy of tax imposed under the earlier law can now also ..... , 2005 (180) e.l.t. 3 (s.c. .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... mandate to collect surcharge prior to the amendment by finance act, 2002.5.7 for the proposition that the charging provision, which imposes tax, must be construed strictly, reliance is placed on the following decisions: reliance is placed on the provisions of section 158ba to emphasise that the charge to taxation under the special provisions of chapter xivb get attracted once the search is carried out under section 132 or books are requisitioned under section 132a of the act and the ..... relates to an assessment year for which the previous year has not ended or the date of filing the return of income under sub-section (1) of section 139 for any previous year has not expired, and such income or the transactions relating to such income are recorded on or before the date of the search or requisition in the books of account or other documents maintained in the normal course relating to such ..... finance act is intended only to stipulate the rate and that charge cannot be created by finance act, is a palpably erroneous proposition which deserves to be rejected in view of full bench (three judges) decision of hon'ble supreme court in the case of madurai district central co-operative ..... amendment by inserting the proviso to section 254(2a), right had accrued in favour of the assessee and against the department by virtue of the tribunal's order staving recovery proceedings on the assessee for collection of the demand in dispute ..... . acit (2005) 3 sot 192 (chennai) and calcutta bench of the tribunal in .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... petitioner contends that it was not carrying on any activity relating to billing collection or recovery of cheques, accounts and remittance, evaluation of prospective customer and public relation services or service as a commission agent and therefore did not fall within the purview of section 65(19)(iv), it is the case of the respondents that the services referred to in sub-clause (iv) of section 65(19) of the finance act, 2003 are merely illustrative and not exhaustive of all 'incidental or auxiliary support services'.sub-clause (iv) of section 65(19) of finance act, 2003 relates to any incidental or auxiliary support service. ..... activity carried on by the petitioner, during the relevant period, as share transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing ..... it is their case that the show cause notice dated 3-1-2005, issued by the 2nd respondent, was under the erroneous supposition that section 65(19) of finance act, 2003 encompassed the nature of activity carried on by the petitioner, even prior to 10-9-2004. .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the ..... service tax on and after finance act, 2012 there shall be levied a tax (hereinafter referred to as the service tax) at the rate of fourteen per cent on the value of all services, other than those services specified in the negative list, provided or agreed to be provided in the taxable territory by one person to another and collected in ..... impugned judgment dated 15th march, 2012 by the high court of jharkhand set out the relevant provisions of the finance act, 1994 (hereinafter referred to as the finance act ), by which service tax was levied on members clubs, and arrived at the conclusion that such clubs stand on a different footing from proprietary clubs, as has been held ..... laws levying tax on the supply of food or drink for consideration and also the collection or recoveries made by way of tax under any ..... be included and can be classified as transactions relating to supply of goods by an unincorporated association or body of persons to its members by way of cash, deferred payment ..... bank (2018) 9 scc322(in particular paragraphs 12 and 17 therein), to the effect that a company incorporated under the companies act cannot be said to be established by that act .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... to the provisions of rule 9(5) of part iv of the first schedule to the finance act, 1979, the appellate tribunal was right in holding that there was neither an obligation on the assessee to return the net agricultural loss for the earlier years in the assessment of those years nor a duty was enjoined on the income-tax officer to determine the losses and hence the set off of earlier years' losses claimed by the assessee against the income ..... is not to be denied the benefit of set off provided for in rule 9 of part iv of the first schedule to the finance act, 1979, as long as the assessee is able to show that he had incurred loss from his agricultural activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years. ..... if the assessee is able to show that the result of the computation by applying the rules set out in the finance acts of 1974 and subsequent years prior to 1979, is a loss, the assessee is not to be denied the benefit of having that loss set off against the agricultural income of the previous year relevant to the assessment year commencing ..... despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to subsequent assessment years, the revenue .....

Commissioner of Income-tax Vs. Shri Rangnath Bangur and Shri Purshotta ...

Court : Rajasthan

Reported in : (1984)41CTR(Raj)21; [1984]149ITR487(Raj)

..... section 2(3)(a) of the finance act of each of the years 1952, 1953, 1954 and 1955 provided that in case the total income of an assesses included income from dividends, in respect of which the assesses himself would be deemed to have paid income-tax imposed under the act by virtue of the provisions of section 49b of the 1922 act, such assessee shall be deemed to have paid income-tax on that part of the total income at a rate applicable to the total income of the assessee in the immediately preceding financial ..... even without the proviso, the rate prescribed by the finance act of the previous year would have been applicable to the dividend income by virtue of the provisions of section 2(3)(a) of the relevant finance act; but the very same provisions have been added to para, 6a, in the form of a proviso and the same would make no difference to the interpretation of the main enacting part of para. ..... 6a of the concessions order, because of the simple reason that the proviso merely points out the rate at which the tax was to be calculated in respect of that part of the total income which was derived from dividends and it was made clear that the rate prescribed by the finance act of the earlier year would govern the calculation of tax in respect of that part of the total income of the assessee which was derived from dividends. ..... in united commercial bank ltd. ..... in united commercial bank ltd. v. .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... the high court of kerala was considering the question as to whether the tribunal was right in holding that the collection of telephone bills by federal bank for bharat sanchar nigam limited, airtel and other companies is not business auxiliary service attributing liability of service tax falling under section 65(19) of the finance act, 1994. ..... 17 of 2005 dated 16th june, 2005, which exempts the site formation and clearance, excavation and earthmoving and demolition, any such other and similar activities referred to in sub clause (zzza) of clause (105) of section 65 of the finance act, 1994 provided to any person by any other person in the course of construction of roads, airports, railways, transport terminals, bridges, tunnels, dams, ports or other ports. ..... merely because on some portions and adjacent to a runway, motor vehicles ply or to tow or bring back stranded aircraft specialized recovery vehicles are brought on runway does not mean that runways are roads. ..... when dealing with particular business or transactions words are, therefore, presumed to be used with the particular meaning in which they are understood in the particular business in question. ..... the show cause notice proposed recovery of service tax of rs.85,64,006/- under the service category of management, maintenance or repair service . .....