Judgment Search Results Home > Cases Phrase: finance act 2006 section 68 amendment of act 32 of 1994 Court: karnataka Page 1 of about 628 results (0.126 seconds)

Fis Payment Solutions And Services India Private Limited Vs. The State ...

Court : Karnataka

..... . as a matter of fact, the subject transaction may have been liable to tax under section 65(105)(zzzzj)of the finance act, 1994 with effect from 2008 after service tax was levied on supply of tangible goods as about test for transfer of right to use is conspicuously absent.25 ..... the price of the goods based on agreed price; when there are goods, acceptance of goods, consideration for the said goods and also a transfer of the title in such goods, the same would be taxable under kvat act and not under the finance act, 1994 (service tax); service tax is payable only in respect of services and there is a clear demarcation in ..... the commissioner of service tax (under erstwhile finance act, 1994 and presently under central goods & service tax, act, 2017) 16th floo, satra plaza, palm beach road, sector -19d vashi, navi mumbai 400 705. ..... . the extended definition of sale found in article 366(29a) of the constitution of india following the 46th amendment and what is popularly called deemed sale can come into play, in the instant case, when the revenue authorities can prove that there is a transfer of right to use the goods and that possession and ..... . union of india and other (2006) 3 scc1; 2006 (2) str2 these writ petitions deserve to be allowed by quashing the impugned orders.24 ..... . union of india - (2006) 3 scc1 the apex court held as under: 42 .....

M/s.fis Payment Solutions And Services Vs. The Union Of India Through

Court : Karnataka

..... . as a matter of fact, the subject transaction may have been liable to tax under section 65(105)(zzzzj)of the finance act, 1994 with effect from 2008 after service tax was levied on supply of tangible goods as about test for transfer of right to use is conspicuously absent.25 ..... the price of the goods based on agreed price; when there are goods, acceptance of goods, consideration for the said goods and also a transfer of the title in such goods, the same would be taxable under kvat act and not under the finance act, 1994 (service tax); service tax is payable only in respect of services and there is a clear demarcation in ..... the commissioner of service tax (under erstwhile finance act, 1994 and presently under central goods & service tax, act, 2017) 16th floo, satra plaza, palm beach road, sector -19d vashi, navi mumbai 400 705. ..... . the extended definition of sale found in article 366(29a) of the constitution of india following the 46th amendment and what is popularly called deemed sale can come into play, in the instant case, when the revenue authorities can prove that there is a transfer of right to use the goods and that possession and ..... . union of india and other (2006) 3 scc1; 2006 (2) str2 these writ petitions deserve to be allowed by quashing the impugned orders.24 ..... . union of india - (2006) 3 scc1 the apex court held as under: 42 .....

Shriram Properties Ltd. Rep. by Its Authorised Signatory Sri. V. Sridh ...

Court : Karnataka

Reported in : (2007)208CTR(Kar)141; [2007]8STJ415(Karnataka); 2007[7]STR3; [2007]7STT131; (2007)5VST228(Karn)

..... under the provisions of the finance act 32 of 1994 [for short 'the act'] as amended from time to time and the activity which is subjected to tax in so far as petitioner is concerned is construction of complexes in terms of the charging section of the act i.e. ..... -c which is one in exercise of the powers conferred under sub-section (1) of section 93 of the finance act, 1994 [32 of 1994] is one for the purpose of granting certain concessions to certain ..... the notification is one which provides for a different manner of arriving at the liability and after so quantifying, if it is found that the tax payable by a person is higher under the normal provisions of the act, then to the extent of difference of liability as between the tax liability determined in terms of the notification and the liability actually payable, the person is provided the benefit of concession/exemption. ..... -st; that the principle of promissory estoppel cannot be invoked in matters of taxation particularly issue of exemption notification under section 93 of the act being in the nature of exercise of the power of delegated legislation; that the writ petition is without merit ..... 1/2006 -service tax dated 1-3-2006 [copy at annexure-c] under which certain concession is extended to various classes of service providers including the ..... 1/2006-st; that the present notification expressly denies the benefit under it to those who are availing the cenvat credit on services also; that it is not incumbent, on the respondents to continue .....

M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...

Court : Karnataka

..... the petitioners have assailed amendment made to section 35f of the central excise act, 1944 (hereinafter referred to as the act', for the sake of brevity), as amended by section 105 of the finance act (no.2) 2014 (hereinafter referred to as 2014 act', for the sake of convenience) with effect from 6/8/2014, which provides for monetary pre-deposit of 7.5% for first appeals and 10% for second appeals on the total ..... and 227 of the constitution of india praying to quash section 35f of the central excise act of 1944 as amended by section 105 of the finance act of 2014 and the said section 105 of the finance act of 2014 as being unconstitutional. ..... to nepal or bhutan) without payment of duty; (d) credit of any duty allowed to be utilised towards payment of excise duty on final products under the provisions of this act or the rules made thereunder and such order is passed by the commissioner (appeals) on or after the date appointed under section 109 of the finance (no.2) act, 1998: provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) ..... various input services and has also undertaken to comply with the procedures as stipulated in the finance act, 1994 read with the service tax rules, 1994 as well as the cenvat credit rules, 2004. ..... cameo experts [(2006)147 stc 218( ..... was conducted by the commissioner of large taxpayers unit, bengaluru for the period from december 2006 to september 2009. .....

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court : Karnataka

..... :- brevity), as amended by section 105 of the finance act (no.2) 2014 (hereinafter referred to as 2014 act , for the sake of convenience) with effect from 6/8/2014, which provides for monetary pre-deposit of 7.5% for first appeals and 10% for second appeals on the total tax or tax and penalty, ..... (except to nepal or bhutan) without payment of duty; (d) credit of any duty allowed to be utilised towards payment of excise duty on final products under the provisions of this act or the rules made thereunder and such order is passed by the commissioner (appeals) on or after the date appointed under section 109 of the finance (no.2) act, 1998: provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) or clause (d) ..... ) this writ petition is filed under articles226and227of the constitution of india praying to quash section35 of the central excise act of1944as amended by section105of the finance act of2014and the said section105of the finance act of2014as being unconstitutional. ****** -:4. ..... of service tax paid on various input services and has also undertaken to comply with the procedures as stipulated in the finance act, 1994 read with the service tax rules, 1994 as well as the cenvat credit rules, 2004.-.:10. ..... experts [(2006)147 ..... the accounts of the petitioner- company was conducted by the commissioner of large taxpayers unit, bengaluru for the period from december 2006 to september 2009. .....

Smt. S. Jalaja Vs. Union Of India

Court : Karnataka

..... the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent of the value so calculated under sub-section (1) or sub- section (2) or sub-section (3) as the case may be: provided further that the requiring body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value ..... and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held by him along ..... amendment act, several provisions of 2013 act have been amended, however, the amendments which are relevant for decision of the controversy involved in these appeals are, amendment of section 2, insertion of sections 10a ..... a public purpose and were notified for acquisition under the provisions of karnataka industrial areas development act, 1966 (hereinafter referred to as 'the 1966 act') and preliminary notifications under section 28(1) of the 1966 act dated 15.04.1997, 06.07.2001, 07.08.2006, 27.02.2007, 13.03.2012, 27.10.2012, 14.06.2013, 07.12.2015, 09.12.2016 were issued. ..... act, which contain sections 18 to 24 of the 1966 act deal with 'finance, ..... 1994 .....

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

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... 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, ..... 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 ..... 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. .....

Wipro Limited Vs. The Joint Commissioner Of Income Tax

Court : Karnataka

..... 234b; it may be pertinent to note that it was inserted and brought into effect from the same time as section 153 was substituted by finance act, 2016; similarly, section 153(5) was substituted by finance act, 2016 prescribing the time limit to give effect to the orders passed under the sections mentioned therein, wholly or partly, otherwise than by making a fresh assessment or reassessment; prior to such amendment, no time limit was prescribed for passing of oge; it may be noted that the requirement of paying ..... sections of the 1961 act: (cid:1) section 147 (prior to substitution vide finance act, 2021 with effect from 28 01.04.2021) and section 147 (post substitution vide finance act, 2021 with effect from 01.04.2021) (cid:1) explanation to section 147 (post substitution vide finance act, 2021 with effect from 01.04.2021) (cid:1) section 148 (prior to substitution vide finance act, 2021 with effect from 01.04.2021) and section 148 (post substitution vide finance act, 2021 with effect from 01.04.2021) (cid:1) section 150 (cid:1) section 153(3)(ii) [prior to substitution vide finance act ..... . dcit [2006] ..... patel [1994]. .....

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

..... of the learned counsel appearing for the parties, it would be appropriate to reproduce the provisions of section 115jb as it stood after amendment under finance act, 2000 and the provisions of the section as it stands after the amendment by finance act, 2002 and the same are as follows:section 115jb as it stands now following the amendment by means of finance act, 2002 with retrospective effect from 1.4.2001:1) notwithstanding anything contained in any other provisions of this act, where in the case of an assessee, being a company, the income-tax, payable on the ..... the petitioner submitted that when the provisions contained in section 115jb as amended by amendment act, 2000 and amendment act, 2002 is compared, it is clear that it is only by virtue of the amendment made to the section by amendment act, 2002 that the book profit is treated as total income and the liability to pay advance tax would arise and but for the retrospective operation of the provisions of the amendment by finance act, 2002 there was no liability to pay interest under sections 234-b and 234-c and when there was no liability ..... commissioner of central excise 2006 itr 250 321 in support of his contention that finance act, 2002 in so far as it relates to retrospective operation with effect from 1.4.2001 and enables the respondents to impose tax under section 234-b and 234-c of the act is unconstitutional and is liable to be set aside as such.8. .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus : 'aggregation of ..... amended by finance act ..... 4, as amended by finance act, 1969 ..... amended by the finance act ..... duty on most of such property, the exception was repealed altogether as respects deaths after 15th april, 1969, by the finance act, 1969, subject in each case to limited savings for policies and annuity contracts effected before 20th march, 1968. ..... ,000, were increased by successive finance acts till they reached 1 per cent ..... 1954 act) to the partial aggregation inter se of policies of insurance and interests therein where these were free from general aggregation; but as respects deaths on and after 20th march, 1968, this relief was removed from claims on a gift basis by the finance act, ..... the facts and circumstancesthe circumstances of the case, of the case, the tribunalit was for the tribunal an error committed an error of law inof law to hold that the provisions holding that section 7 of theof section 7(1), estate duty act, act was not applicable.are not applicable to the case ?2. ..... the deceased, all property so passing in respect of which estate duty is leviable has to be aggregated (with special exceptions) so as to form one estate, and the duty levied on the principal value thereof : finance act, 1894, s. .....