Judgment Search Results Home > Cases Phrase: finance act 2005 section 98 scheduled bank to furnish prescribed return Page 1 of about 1,321 results (0.168 seconds)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... 5777 of 2012 is filed under article 226 of constitution of india praying to issue a writ of declaration declaring section 65(105)(zzzzt) of the finance act, 1994 as ultra vires entry 54 of list ii of the seventh schedule to and article 14, 19(1)(g) and 245 of the constitution of india w.p.no.5900 of 2012 is filed under article 226 of constitution of india praying to issue a writ of declaration declaring section 65(105)(zzzzt) of the finance act, 1994 as ultra vires entry 54 of list ii of the seventh schedule to and article 14, 19(1)(g) and 245 of the constitution of india. ..... is pertinent to note that in these batch of writ petitions, when the department sent communications to the producers informing them of the introduction of the said taxable service in the union budget 2010, the producers were requested to furnish documents/ particulars relating to the rendering of said service for verification. ..... services constitute heterogeneous spectrum of economic activities, covers wide range of activities, such as management, banking, insurance, hospitality, consultancy, communication, administration, entertainment, research and developmental activities forming part of retailing ..... lessee has no right to sell or make available the prints by subsequent lease and bound to return the prints at the expiry of the lease. c. ..... union of india [(2005) 4 scc214, the writ petitioners were customers or clients of goods transport operators and forwarding and clearing ..... union of india, (2005) 4 scc214and bsnl .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... .24586 and 24588 of 2010 are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners ..... liable to service tax and they should get themselves registered and pay service tax and they got registered on 16.04.2008 and thereafter, the superintendent of service tax called upon the petitioner to furnish details of income earned as rent from shops and other commercial establishments and on receipt of the reply, the impugned proceedings dated 03.12.2010 came to be passed and if the petitioner is ..... tenders and the job of choosing them was left to irctc and the successful tenderers are permitted to put up stalls as per the specifications prescribed by railways / irctc and with regard to the user of the land, a fixed percentage out of the licence fee is paid to railways. ..... it is 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 .....

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

Court : Supreme Court of India

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

..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. ..... 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.... ..... there was no specific mention whatsoever of surcharge in section 2 nor was there any modification of the first schedule to the finance act of 1951 which contained the rates etc. ..... in making the assessment the income tax officer levied surcharge and additional surcharge in accordance with the rates prescribed by the finance act 1963. ..... it is that act which authorises these taxes to be charged and prescribes the rates at which they can be charged. .....

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

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... has been deprived of modvat credit to which the petitioners are otherwise entitled to in terms of the rules governing allowing of modvat credit, only because of the provisions of section 112 of the finance act, 2000, the petitioners are entitled to question the legality of this provision and further submits that even the supreme court while disposing of the review petition in the case ..... provisions of law or rule and therefore there was no occasion at all for the parliament to have enacted a validating levy and if there was no occasion, the very provisions of section 112 of the finance act, 2000 cannot be sustained inasmuch as it is the submission of learned counsel for the petitioners that there was no cause of action for the parliament to make such a law, ..... court had earlier dismissed the appeal of the revenue as against this order, nevertheless, the revenue having brought to the notice of the supreme court the provisions of section 112 of the finance act, 2000, which was enacted as a validating legislation and which had now virtually taken away any benefit or concession that had been given to an assessee under the ..... have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the modvat credit entry.4. ..... 2005 .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

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

..... been paid but no return was filed, such income could not be regarded as ' undisclosed income': the application of rates contained in part i of the first schedule would also not be in consonance with the scheme of provisions relating to imposition of tax as explained hereunder: in case of search initiated/conducted on 1.08.2001, the department/revenue relies upon proviso to section 2(3) of the finance act, 2001 to levy ..... act is a permanent act while the finance acts are passed every year; b) the function of the finance act primarily is to prescribe the rate of tax and the manner of calculation of tax; c) the finance act is not intended to incorporate the entire procedural and substantive law relating to tax; d) the finance act has to be read in consonance with the provisions of the charging section.the lavy of surcharge for the purpose of section 113 by the relevant finance act is de hors the scheme of the act ..... furnished to bring out the ingredients therein, so as to demonstrate that they operate in different fields.5.1 the learned counsel shri ajay vohra on behalf of shri shiv nadar and shri subroto bhattacharya, assessee-interveners submitted that: the legislative intent behind the introduction of special procedure for assessment of undisclosed[income found during search by introduction of chapter xivb by finance act ..... hon'ble supreme court in the case of madurai district central co-operative bank (supra) and has come to the right conclusion which is the ..... acit (2005) 3 sot 192 .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... for the purposes of this clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing of service provided by ..... 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 ..... covered, under sub-clauses (iv), (v) and (vi) above, were added to the pre-existing definition of 'business auxiliary service', prescribed by finance act of 2003, with effect from 10-9-2004. ..... such additional reply is filed by the petitioner within the aforesaid said period, the 2nd respondent shall consider the same along with the reply furnished by the petitioner earlier and pass appropriate orders thereon, in accordance with law, uninfluenced by any observations made in this order.13. ..... service tax, dated 10-9-2004, are all matters for 2nd respondent to decide after taking into consideration the explanation furnished by the petitioner in this regard.12. .....

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 petitioner ..... restaurant-owner to the customer though it may be a part of the service that he renders by providing good furniture, furnishing and fixtures, linen, crockery and cutlery, music, a dance floor and a floor show, is what is the subject ..... 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 such manner as may be ..... xxx (vii) 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 such profits and gains by virtue of the provisions contained in the first schedule this has to be read with section 44 of the income tax act, 1961 which reads as under: 44. ..... 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 ..... money and returnable to them .....

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

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... whether on the facts and in the circumstances of the case and having regard 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 ..... 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. ..... 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 contended before the tribunal that loss in relation to the agricultural activity of the assessee in earlier years, prior to the assessment year in which agricultural as well as non-agricultural income was returned by ..... similar head of the current year, even though the losses have not been computed by the income-tax officer in the respective assessments in the absence of particulars furnished by the assessee 2. .....

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

Court : Rajasthan

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

..... 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 ..... 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. ..... 1930] 15 tc 266'now, the cardinal consideration in my judgment is that the income-tax is only one tax, a tax on the income of the person whom it is sought to assess, and that the different schedules are modes in which the statute directs this to be levied.'14. ..... not be open to him to omit any part of his income except under peril of being made subject to the penal provisions of the act for failure to furnish a full and true disclosure of his income. ..... would then be that, when once a notice is issued on the above lines under section 148 of the act, the assessee would be called upon to file a fresh return as if it was a return that would have to be filed in response to a notice under section 139(2) of the act. ..... commercial bank ltd. ..... united commercial bank ltd. .....

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

Court : Mumbai

..... 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. ..... the contentions in the petition before the hon ble gujarat high court centered around the interpretation of item 22d and item 68 in the first schedule of the central excise act, 1944. ..... sridharan submits that the specification for construction/repair of road is prescribed by indian road congress (irc). ..... rule on interim relief in the writ petition was made returnable on 21st march, 2016 and after both sides consented, we indicted to them that the writ petition itself will be disposed of finally at the stage of interim relief. ..... 7 in part i of the schedule to the minimum wages act, 1948 and therefore, he had jurisdiction to entertain and try the application. ..... 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. .....