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Larsen and Toubro Ltd., Mumbai Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2228

..... have also submitted that unless the follow up legislation to section 21 (1) of the bihar finance act is enacted, the said section 21 (1) of the act would not become workable and in the matter of works ..... .' (emphasis supplied) further we find at page 549 the phrase 'as may be prescribed' has been indicated to mean as follows:'the phrase 'as may be prescribed' in constitutional amendment authorizing certain cities to adopt or amend their charters, subject to such limitations as may be prescribed by legislature means that future legislation, as well as that existing when city first takes out or emends charter may limit its action ..... the supreme court after appreciating the rival contentions observed that in view of the legal fiction introduced by the amendment, a single contract would become divisible one and to give the value of the goods involved in the execution of a works contract on which taxis leviable must excluded the ..... the supreme court observed as under: 'keeping in view the legal fiction introduced by the forty-sixth amendment whereby the works contract which was entire and indivisible has been altered into a contract which is divisible into one for sale of goods and other ..... deductions are to be given or extended in favour of the works contractor.the supreme court in the present matter referred to the historic background leading to the enactment of 46th amendment and also referred to the judgment of the supreme court in the matter of builders association of india (supra). .....

Home Solution Retail India Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2009BusLR378(Del); (2009)223CTR(Del)191; 2009(164)LC297(Delhi); 2009(237)ELT209(Del); [2009]17STJ143(Delhi); 2009[14]STR433; [2009]20STT129; (2009)22VST508(Delhi)

..... notification and circular a completely erroneous interpretation is placed on section 65 (90a) and section 65 (105) (zzzz) of the finance act, 1994 as amended by the finance act, 2007. ..... by virtue of the said notification, the central government exempted the 'taxable service of renting of immovable property', referred to in sub-clause (zzzz) of clause (105) of section 65 of the finance act, from so much of the service tax levy as was in excess of the service tax calculated on a value which is equivalent to the gross amount charged for renting of such ..... comprise of sections 64 to 96-i of the finance act, 1994 pertain to ..... purportedly issued in exercise of the power conferred by sub-section (1) of section 93 of the finance act, 1994. ..... the petitioners have raised the question as to whether the finance act, 1994 (hereinafter referred to as the said act) envisages the levy of service tax on letting out / ..... or commerce and partly for residential or any other purposes shall be deemed to be immovable property for use in the course or furtherance of business or commerce;the expression 'renting of immovable property' has been defined in section 65(90a) as under:(90a) 'renting of immovable property' includes the renting, letting, leasing, licensing or other similar arrangements of immovable property for use in the course or furtherance of business or commerce but does not ..... union of india : [2006]282itr273(sc) the learned counsel submitted that the very same transaction cannot constitute both a .....

Commissioner of Income Tax Vs. T.V. Sundaram Iyengar and Sons

Court : Chennai

Reported in : (1998)148CTR(Mad)17

..... 2 of the said finance act, it is provided that where an assessee, being a company, had made, during -the financial year commencing on the first day of april, 1976, any deposit with the industrial 'development bank of india under the companies deposits ( ..... 2(1)(b) of the finance (no. ..... 2(1)(b) of the finance (no. ..... 2 the finance (no. ..... 2(1)(b) of the finance (no. ..... cit : [1994]208itr649(sc) , would fall within the scope and ambit of ss. ..... 40(c) and 40a(5) of the act has been referred to us.3. ..... 40(c) and 40a(5) of the act and his view was confirmed by the tribunal. ..... 40(c) and 40a(5) of the it act as expenses incurred by the assessee on perquisites made available to the directors and employees in excess of the ceiling limits prescribed under ss. ..... 40(c) and 40a (5) of the act.this court in tc no. ..... 40(c)/40a(5) of the it act, 1961 and hence the disallowance made on the basis of these expenses jas forming part of tlie perquisites should be deleted ..... 256(2) of the it act, 1961:'(1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the expenses like rates and taxes paid in respect of the buildings and vehicles owned by the company, ..... 2) act, 1977 and becomes eligible to get the same deducted from the surcharge levied on the assessee-company ..... 2) act, 1977 and as the statutory conditions are complied with by the assessee company, the assessee is eligible to get the credit for the deposit made by the company with the industrial development bank of india under .....

Ms. Shanti Logistics (P) Limited Vs. the Assistant Commissioner of Inc ...

Court : Chennai

..... assessee for the assessment year 2007-08, the commissioner of income tax (appeals) referred to the contention taken by the assessee as regards the amendment brought forth with effect from 1.4.2005 under the finance act, 2008, mitigating the rigour of section 40(a)(ia) and the circular dated 27.3.2009 that the amendment would apply on and from the assessment year 2005-06. ..... stood during the relevant year has to be seen.finance act, 2008 amending section 40(a)(ia) with effect from 1.4.2005section 40(a)(ia)amounts not ..... referring to the circular of the board dated 27.3.2009, particularly with reference to the amendment brought under the finance act, 2008 with retrospective effect from 1.4.2005, the commissioner of income tax (appeals) held that since tax deducted at source had been paid well before the due date for ..... the order, the revenue went on appeal contending that the amendment brought under the finance act, 2010 are being retrospective one, as such, the question of granting relief, particularly, for the tds liability pertaining to the period april 2006 and february 2007, did not arise.6. ..... pertaining to expenditure of rs.2,46,18,443/- was deducted by the assessee during the period april, 2006 to february, 2007, the commissioner of income tax (appeals) ought not to have granted the relief on ..... deduction from april, 2006 to february, 2007 was not deposited before 31.3.2007, having regard to the fact that the same was deposited only on 7.7.2007, the claim could be considered only .....

Commissioner of Cen.Excise, Mumbai.iii and Another Vs. M/S. Ceat Ltd. ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... by section 88 of finance act 2004, this explanation was retrospectively amended to prohibit use of credit of aed (gsi) earned prior to 1.4.2000 for payment of bed.vide finance act 2005, government directed that such credit utilized for payment of bed shall be paid back in 36 equal instalments alongwith interest @ 13%.ceat therefore paid the credit of aed (gsi ..... under sec.88 of the finance act, 2004, the following explanation was introduced in rule 3(6)(b) of cenvat credit rules, 2004 effective from 1.3.03 : explanation - for the removal of doubts, it is hereby declared that the credit of the additional duty of excise leviable under section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and paid on or after the 1st day of april, 2000, may be utilized towards payment of duty of excise ..... per : p.karthikeyan appeal no.e/849/07 is filed by the revenue.vide the impugned order, the commissioner dropped proposals to disallow credit of additional excise duty under goods of special importance act, 1957 [aed (gsi) for short] taken by the respondent ceat ltd (ceat), on payment of equal amount of bed on tyres in pla which had been initially discharged using accumulated ..... allowed the appellant to retain the aed(gsi) credit and maintain status-quo ante once the debits made towards bed during july 2005 to june, 2006 was held to be not payment of duty. 7. ..... , 2005 to june 2006, the assessee had ..... rs.65,54,373/- every month from july 2005 to june, 2006. .....

M/S. Kone Elevator India Pvt. Ltd. Vs. State of T.N. and ors.

Court : Supreme Court of India

..... the learned senior counsel by drawing our attention to the definition contained in the finance act of 1994, in particular sub-sections (29), 39(a) of section 65 and sub-clause (zzd) to sub-section (105) of section 65, contended that such definitions in the finance act under chapter v for imposition of service tax, would show that the installation of a lift is nothing but a contract for works ..... and second, the notification dated 17th may, 2010 issued by the government of haryana, excise and taxation department, whereby certain rules of the haryana value added tax rules, 2003 have been amended and a table has been annexed providing for percentages for works contract and job works under the heading labour, service and other like charges as percentage of total value of the contract specifying ..... (c) no.1098/2013 slp(c) nos.14148-14153/2005, slp(c) nos.14961-14967/2005, slp(c) nos.17842-17847/2005, slp(c) no.5377/2006, slp (c) no.7037/2006, slp (c) no.30272/2008, slp (c) no.30279/2008, slp (c) no.5289/2009, slp (c) no.6520-6521/2009, slp (c) no.4469-4471/2010, slp(c) no.11258/2010, slp (c) no.17228/2010, slp (c) no.17236-17237/2010, slp ..... 17842-17847/2005 with civil appeal no.5152 of 2014 [arising out of slp (c) no.5377/2006 with civil appeal no.5153 of 2014 [arising out of slp (c) no.7037/2006 with civil appeal no.5154 of 2014 [arising out of slp (c) no.30272/2008 with civil appeal no.5156 of 2014 [arising out of slp (c) no.30279/2008 with civil appeal no.5157 of 2014 [arising out of .....

Tamil Nadu Cricket Association Vs. Director of Income Tax

Court : Chennai

..... inserted with effect from 01.10.2004 under the finance (no.2) act, 2004 and the amendment inserted by finance act, 2010, with effect from 01.06.2010 therein empowering the commissioner to cancel the registration granted under the stated circumstances, reads as under:- provision inserted under finance act, 2004: section 12aa(3):- where a trust or an institution has been granted registration under clause (b) of sub-section (1) and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are ..... 12aa(3):- where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12a as it stood before its amendment by the finance (no.2) act, 1996 (33 of 1996) and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case ..... . commissioner of income tax (central), pune & anr), the bombay high court held as follows: ".as a result of the amendment, which has been brought about by the finance act of 2010, subsection (3) of section 12aa has been amended specifically to empower the commissioner to cancel a registration obtained under section 12a as it stood prior to its amendment by the finance (no.2) act, 1996 .....

Commr. of C. Ex. Vs. Daylight Electronics Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... 82,9587- from the assessee under section 73 of the finance act, 1994 read with section 68 of the said act. ..... commissioner (appeals) that section 73 of the finance act, 1994 was not invoked in the show cause notice for demanding service tax from the assessee, id. ..... , would come within the ambit of "consulting engineer" as defined under section 65 of the finance act, 1994. ..... mentioned therein as services to be rendered to the assessee by their foreign collaborator and, therefore, it could be reasonably inferred that the service contemplated under the above agreement was in the nature of a "consulting engineer's service" as defined under section 65(25) of the finance act, 1994. ..... 82,958/- from the respondents under sections 68 and 75 of the finance act, 1994. ..... it has been consistently held by this tribunal that any royalty or other consideration for technical know-how received by an assessee in india from a foreign company was not taxable under the finance act, 1994 vide case law cited above. ..... it also demanded interest on the above amount under section 75 of the said act, besides imposing penalties on the assessee under sections 76 and 77 of the act. .....

Lakshmi Machine Works Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... under section 73 of the finance act, 1994 from the appellant, with interest thereon under section 75 of the act and imposing penalties on them under sections 76,77 and 78 of the act.3. ..... took the view that consulting engineers' service, as defined under section 65 of the finance act, 1994, was involved in the above transfer of technical know-how ..... it is submitted that, under sub-section (1) of the section 68 of the finance act, 1994, it is the provider of service who is liable to pay ..... 36/2004-st dated 31-12-2004 issued under section 68 (2) of the finance act, 1994 and that, by virtue of this notification, a recipient of consulting engineers' service can be said to be liable for payment of service tax on such service only with effect from 1-1-2005 ..... but to allow this appeal inasmuch as the case of the appellant as projected by learned consultant has not been successfully rebutted.as rightly pointed out by learned consultant, consulting engineers' service was specified for purposes of section 68(2) of the finance act, 1994 only on 31-12-1994 vide notification no. ..... acknowledges this position but submits that such a rule did not have any effect without necessary amendment to the charging provisions under the finance act, 1994. ..... learned sdr has submitted that there was a pre-existing provision in the service tax rules, 1994 providing for payment of service tax on specified taxable services by the recipients of such services where the service-provider was a non-resident and had no office .....

Kei-rsos Maritime Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2008)14STJ60CESTAT(Chennai)

..... of the relevant provisions including section 32 of the tamil nadu maritime boards act, we find that any authorisation by port authority for purpose of section 65(82) of the finance act, 1994 should be express authorisation under the finance act, 1994. ..... commissioner cannot be heard to say that the appellants should be deemed to have been authorised to perform port services in terms of section 65(82) of the finance act, 1994. ..... , the challenge is against demand of service tax raised on the assessee in the category of "port services" defined under section 65(82) of the finance act, 1994. ..... service tax in a different category (support services for business or commerce), for which they have got themselves registered with effect from 01.05.2006, the date on which the said category of service was incorporated in the finance act, 1994. ..... after examining the records and hearing both sides, we note that, as per the definition given under section 65(82), "port services" are those which are rendered by a port or a person authorised by a port.these services may be rendered in any manner in relation to ..... it is also submitted that, from 01.05.2006, the date on which "support services for business or commerce" were introduced for levy of service tax under the finance act, 1994, the appellants have been paying service tax in this category in respect of the ..... for the period july, 2003 to december, 2006 as also in respect of penalties imposed on the ..... period may-december, 2006, they accordingly paid over .....