Judgment Search Results Home > Cases Phrase: finance act 2006 section 70 repeal of act 11 of 1926 Court: uttaranchal

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... service tax) at the rate of eight per cent of the value of the taxable services referred to in sub-clauses (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t) (u), (v), (w), (x), (y), (z), (za), (zb), (zc), (zd), (ze), (zf), (zg), (zh), (zi), (zj), (zk), (zl), (zm), (zn), (zo), (zp), (zq), (zr), (zs), (zt) (zu), (zv), (zw), (zx), (zy), (zz) and (zza) of clause (105) of section 65 and collected in such manner as may be prescribed.a perusal of the aforesaid provisions reveals, that under the finance act, 2001, service tax levied on service providers rendering broadcasting services were enhanced from five per cent to six per cent of the value of taxable service (i.e ..... procedure, the petitioner company was granted a statutory licence on 24.03.2006 under section 4 of the indian telegraph act, 1885 and the indian wireless telegraphy act, 1933 for operating 'direct-to-home' (dth) broadcasting services in ..... petitioner company started to transmit tv programmes to its customers in the state of uttarakhand soon after it obtained its statutory licence on 24.03.2006, it successfully avoided paying any 'entertainment' tax thereon through the legal process which had culminated in favour of the petitioner company ..... petitioners was, that the substance of the contract in the present case, as is evident from the licence agreement dated 24.03.2006 entered into between the government of india and the petitioner company, is for 'service' and not for 'entertainment' .....

The Commissioner of Central Excise Vs. Maha Laxmi Sugar Mills Company ...

Court : Uttaranchal

Reported in : (2008)219CTR(Uttranchal)393

..... on the facts and circumstances of the case, we hold that though penalty can be imposed under section 77 of the finance act, 1994, for violation of section 70 of said act, even for the period prior to 31.03.2000, but in the present case the same was not justified, for reasons discussed above.8. ..... collecting the service tax who has not furnished the return within the time allowed under sub-section (1) or sub-section (2) or having furnished a return under sub-section (1) or sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made.section 77 of the finance act, 1994, provides the penalty for violation to furnish the prescribed returns as mentioned in section 70, quoted above, and reads as under:77. ..... following substantial question of law has been raised by the revenue in this appeal:whether, the penalty under section 77 of the finance act, 1994 in respect of default in submitting st-3 return for period prior to 31.03.2000, even though the same was filed on 23.01.2002 i.e. ..... allegation against the assessee is that it violated the provisions of section 70 of the finance act, 1994, as it failed to furnish half yearly returns in the prescribed form st-3 for the quarter ending on december 1997. .....

Commissioner of Income-tax and anr. Vs. Reading and Bates Exploration ...

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)670; [2005]278ITR47(Uttaranchal)

..... this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india ..... the facts and circumstances of the case, the learned income-tax appellate tribunal was legally justified in directing the assessing officer to charge interest under section 234b which also stands amended by the finance act, 2001, with retrospective effect from april 1, 1989 ?'4. ..... , the income-tax appellate tribunal was legally correct to hold that the salary paid to the assessee for the off period outside india was not chargeable to the indian income-tax act in terms of section 9(1)(ii) of the income-tax act, 1961, whereas the learned income-tax appellate tribunal has itself held, vide order dated march 25, 1992, in i, t. a. no. ..... this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in cit ..... that even under the finance act of 1999 the new explanation uses the term 'rest period/ ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a) and (d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the ..... /1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india. .....

Vishvakarma Paper and Boards Ltd. Vs. the Commissioner of Central Exci ...

Court : Uttaranchal

..... 1.4.93 in accordance with clause 10.4(i)(b) of the industrial incentive policy, 1993 (hereinafter referred to as 'the industrial policy') and whether the notification issued by the government of bihar dated 2nd of april, 1994 in exercise of power under section 7 of the bihar finance act to the extent it indicates 'who has not availed of any facility or benefit under any industrial promotion policy' is invalid as being contrary to the policy resolution of 1993. ..... examining the notification dated 2nd of april, 1994, issued by the government of bihar in exercise of power conferred by clause (b) of sub-section (3) of section 7 of the bihar finance act, 1981, the high court further came to the conclusion that the notification so far as it imposes a condition that the facility of sales tax exemption on purchase of raw material will be available only to those industrial ..... coming to the second question, namely the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in its own ..... in our considered opinion the expression 'such conditions and restrictions as it may impose' in sub-section (3) of section 7 of the bihar finance act will not authorise the state government to negate the incentives and benefits which any industrial unit would be otherwise entitled to under the general .....

Commissioner of Income-tax and anr. Vs. Sedco Forex International Dril ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)144; [2003]264ITR320(Uttaranchal)

..... in this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india'. ..... that similarly, under section 9(1)(ii) read with the explanation (introduced by the finance act of 1983, with effect from april 1, 1979), income payable for service rendered in india is regarded as 'income earned in india' under section 9(1)(ii) of the act. ..... this explanation was introduced by the finance act of 1983, with effect from april 1, 1979, to get over the judgment of the gujarat high court in c/t v. s. g ..... that even under the finance act of 1999 the new explanation uses the term 'rest period/leave period' ..... it was further argued that the non-resident company (employer) is taxable on notional profits under section 44bb of the act and therefore there is no question of that company claiming deduction in respect of salary which it has paid to the assessee ..... , the legislature has stepped into clarify the position by the finance act of 1999. ..... learned counsel for the assessee further argued that his interpretation finds support from the substituted explanation introduced by the finance act of 1999. ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the rates in .....

Commissioner of Income Tax and anr. Vs. Desh Rakshak Aushdhalaya Ltd.

Court : Uttaranchal

Reported in : (2008)218CTR(Uttranchal)7; [2009]313ITR140(Uttaranchal); [2009]178TAXMAN453(NULL)

..... hence, this appeal by the revenue, on the ground that deletion of second proviso to section 43b of the it act, 1961 by finance act, 2003, is not retrospective in effect, and as such, the tribunal has allegedly erred in law in treating it deleted for the ..... breach of section 43b of the it act, 1961, in spite of the fact that the amendment brought in said section vide finance act, 2003, had ..... legislature omitted the aforementioned second proviso to section 43b through finance act, 2003, which came into force w.e.f. ..... (f) ...shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him:provided...provided further, that no deduction shall, in respect of any sum referred to in clause (b), be allowed unless such sum has actually been paid ..... in cash or by issue of a cheque or draft or by any other mode on or before the due date as defined in the explanation below clause (va) of sub-section (1) of section 36, and where such payment has been made otherwise than in cash, the same has been realised within fifteen days from the due date.explanation-...6. ..... 7th april, 2006, accepted the appeal to the extent of ..... 7th april, 2006, passed by the income-tax appellate tribunal, delhi bench 'a', delhi .....

Reading and Bates Drilling Co. (as Agent of Daniel Gates) Vs. Commissi ...

Court : Uttaranchal

Reported in : (2005)199CTR(Uttranchal)66; [2005]277ITR253(Uttaranchal)

..... this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india ..... this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in cit ..... that even under the finance act of 1999 the new explanation uses the term 'rest period/ ..... 0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india. ..... this is an appeal preferred under section 260a of the income-tax act, 1961, filed by the appellant against the judgment and order dated march 26, 2004, passed by the income-tax appellate tribunal, new delhi, in i. t. ..... section 4 of the act is a charging section ..... said explanation, the original intention under section 9(1)(ii) has been revived. ..... in certain types of incomes, which may not come under section 5, into the definition of 'total income' under section 2(45). ..... section 9 is a deeming section ..... under section 4(2), tax is deducted at source or paid in advance, where it is so ..... section 9(1)(ii), inter alia, lays down that income which falls under the head 'salaries', if it is earned in india, shall be deemed to accrue to the non-resident ..... section 5(2),on the other hand, restricts the scope of total income of a nonresident to the income which is received or deemed to be received in india or which accrues or which is deemed to accrue to him during .....

Commissioner of Income Tax Vs. Halliburton Offshore Services Inc.

Court : Uttaranchal

Reported in : (2004)192CTR(Uttranchal)507

..... in this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india' ..... whether, on the facts and in the circumstances of the case, the learned tribunal was justified in holding that interest under section 234b of the it act cannot be charged since the entire income of the assessee was subject to tds whereas this interest is chargeable on assessed tax as defined by ..... that even under the finance act of 1999, the new explanation uses the term 'rest period/leave period ..... the facts and in the circumstances of the case, the learned tribunal was legally justified in holding that the salary, paid to the assessee for the off period outside india was not chargeable to indian it act in terms- of section 9(1)(ii) of the it act, 1961, whereas the learned tribunal has itself held, vide order dt. ..... explanation was introduced by finance act, 1983, w.e.f. ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a)(d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to inter alia, estimate his current income and calculate the tax on such income by applying the rates in ..... manu/gj/0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india, by the said explanation, the original intention under section 9(1)(ii) has been revived. .....

The Commissioner of Income-tax and Dy. Commissioner of Income-tax Vs. ...

Court : Uttaranchal

Reported in : (2008)216CTR(Uttranchal)86

..... the relevant portion of paragraph e of first schedule of finance act, 1994, is being reproduced below:in the case of a company, - rates of income-tax ..... in view of the rate of tax mentioned above in paragraph e of part i of first schedule of the finance act, 1994, read with the relevant clauses of dtaa, we are of the view that cit (a) as well as itat, new delhi has erred in law in holding that the assessee nrc (respondent) is not liable to pay tax beyond 60 ..... paragraph e of part i of first schedule of the finance act, 1994 provides the rate of income tax for the companies for the assessment year 1994 ..... this appeal, preferred under section 260a of the income tax act, 1961, is directed against the judgment and order dated 26th february 2006 / 7th april 2006, passed by the income tax appellate tribunal, delhi bench 4d4, new delhi (hereinafter referred as itat), in income tax appeal no ..... by said order dated 10.01.1996, passed by additional commissioner of income-tax, dehradun (assessing officer), an appeal was preferred by the assessee nrc under section 143 of income tax act, 1961 before the commissioner of income-tax (appeals), dehradun [hereinafter referred as cit(a)]. ..... surcharge on income-tax the amount of income-tax computed in accordance with the provisions of this paragraph or section 112 shall, in the case of every domestic company having a total income exceeding seventy five thousand rupees, be increased by a surcharge calculated at the rate of fifteen per cent of such income-tax .....

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... that interest free loan/concessional loan had no co-relationship with sections 15, 16 and 17 of the act, that it has been so held by the above judgment and therefore, it was not open to the central board of direct taxes, which was a rule-making authority, to identify 'interest free loan/concessional loan' as a fringe benefit under section 17(2)(vi) (as inserted by the finance act, 2001) with effect from april 1, 2002. ..... that the impugned rules have been brought into force from april 1, 2001, when clause (vi) of section 17(2) of the income-tax act came into force by the finance act, 2001, with effect from april 1, 2002. ..... in this connection, it was further submitted that section 17(2)(vi) was inserted by the finance act, 2001, with effect from april 1, 2002, and, consequently, it was not open to the central board of direct taxes to issue the impugned notification dated september 25, 2001, with effect from april 1, 2001. ..... it is true that section 17(2)(vi) was introduced by the finance act of 2001 with effect from april 1, 2002. ..... it was further argued that clause (vi) was inserted in section 17(2) by parliament by the finance act, 2001, with effect from april 1, 2002, and yet the impugned rules, 2001, have been brought into force with effect from april 1, 2001, and, therefore, it is bad in law and contrary to section 17(2)(vi). ..... to put an end to such conflict, parliament inserted clause (vi) in section 17(2) by the finance act no. .....