Judgment Search Results Home > Cases Phrase: finance act 2006 section 70 repeal of act 11 of 1926 Page 9 of about 426 results (0.132 seconds)

Aruppukottai Shri Vijayalakshmi Vs. Commissioner of Central Excise

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

..... in order to gel over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period, 16.7.1997 to 16.10.1998 under section 116 of the finance act, 2000, whereby recipients of 'goods transport' service and 'clearing and forwarding' service were defined as "assessees". ..... such demands are not affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra).5. ..... but these rules were held to be ultra vires section 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). ..... that "any action taken on anything done or purported to have been (i) taken or done at any time during the period commencing on and from the 16th day of july, 1997 and ending with the day, the finance act, 2000 receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. ..... following the above decisions, i hold that the service tax on goods transport service received by the assessees during the period 16.11.1997 to 1.6.98 is not recoverable from them under the finance act, 1994 (as amended) inasmuch as demand notices were issued after six months from 12.5.2000. .....

Commr. of C. Ex. Vs. Daya Engineering Works (Sleeper)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(111)ECC227

..... the respondent had availed services of goods transport operator during the period from november, 1997 to june, 1998.after retrospective amendment of the provisions of sections 65, 66 and 67 of chapter v of finance act, 1994, show cause notice dated 2.8.2002 was issued to the respondent for recovery of service tax under section 117 of the finance act, 2002, which re-validated the levy and collection of service tax from the user of services of goods transport operators. ..... however, demand for value of taxable service escaping assessment of service tax could have been issued only under section 73 of the finance act, 1994 at the relevant time when show cause notice was issued. ..... 5 where the supreme court confirmed that liability under section 73 of the finance act, 1994 covers cases of assessee, who are liable to file return under section 70 and liability to file return being cast on the appellants under section 71a, show cause notice issued under section 73 ibid is not maintainable. ..... it was also argued that section 117 of finance act gives retrospective effect to the said sub-clause of service tax rules so as to re validate the levy and collection of service tax on the services rendered by the goods transport operator from the users of such services.3. ..... it is also argued that section 117 of the finance act revalidates the provisions of sub-clause (xvii) of clause (d) of sub-rule (1) of rule 2 of service tax rules, 1994. .....

Standard Fireworks Industries Vs. Cce

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

Reported in : (2008)13STJ333CESTAT(Chennai)

..... /- with interest, under section 73 r/w section 71a of the finance act for the above period. ..... the amendment brought to the said finance act or the rules framed thereunder did not have the effect of bringing assessees like the appellants within the fold of section 73 as per the ruling of the apex court in ..... on, under the finance act, 2003, section 71a was inserted in the finance act, 1994. ..... his order was revised by the commissioner under section 84 of the finance act, 1994 and the demand of tax of ..... scn in the instant case was issued only on 3-4-2004 and the same was under section 73 of the finance act, 1994. ..... /- was also confirmed against the assessee for the period 16-11-97 to 2-6-98 under section 73(1)(b) of the above finance act. ..... order to make recipients of gto service liable to pay service tax for that period, parliament amended the relevant rule under the finance act, 2000, which came into force on 12-5-2000. ..... had received "goods transport operators, service" during the period 16-11-97 to 2-6-98 but had not paid any service tax thereon under the finance act, 1994. ..... appellants had received goods transport operator's service during the period 16.11.1997 - 1.6.1998 but had not paid any service tax thereon under the finance act, 1994. ..... 2006 (3) ..... ) : 2006 tiol 1611 cestat-bang. ..... of customs & central excise, cochin 2006 (4) s.t.r. ..... 2006 (3) str 715 (sc) and a line of decisions of the tribunal, one of which rendered by the south zonal bench is in the case of tamilnadu cements corporation ltd. .....

Maharaja Shree Umaid Mills Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(158)ELT734TriDel

..... be made of all the credit of duty, which have been taken or utilised but which would not have been allowed to be taken or utilised; 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 nonpayment of such credit of duty within this period, in addition to the amount of credit of such duty ..... the said section 112(2) was incorporated in the finance act to validate the denial of credit of duty paid on high speed diesel oil and also to disallow such credit to be utilised for payment of any kind of duty on any excisable goods from 16-3-1995 till 12-5-2000 (date of president's assent to finance act, 2000) ..... has pleaded that unless and until the show cause notice is issued and the same is adjudicated to quantify the amount of credit of duty, the recovery proceedings cannot commence under the said sub-section (2) (b) of section 112 of the finance act, 2000. ..... sub-section (2) (b) of section 112 also provided that, in case the payment of credit of duty taken or utilised is not made within 30 days from the date of enactment of the finance act, 2000, then in addition to the recovery of credit, interest at the rate of 24% per annum shall be payable from the date immediately after the expiry of the said period of 30 days till the date of ..... said recovery was ordered in terms of provisions contained in section 112(2) of the finance act, 2000. .....

Commissioner of Income-tax, Bombay City - I, Bombay Vs. Army and Navy ...

Court : Mumbai

Reported in : AIR1958Bom23

..... if, therefore, we place the same construction upon the proviso to section 11 (11) of the finance act of 1946 as the proviso to section 10(1) of the finance act of 1942, the position of the assessee is equally same; because there is no doubt that the profits which the assessee made or which it might make were liable to be assessed to excess profits tax in the united kingdom. mr. ..... then we come to the finance act of 1946 and section 11, sub-section (11) of that act provided that any sum being excess profits tax which had been repaid was to be deemed to be income for the purposes of the indian income-tax act and was to be treated as income of the previous year which constituted or included the chargeable accounting period in respect of which the said sum was repayable. ..... if that is so, then the position of the assessee company vis-a-vis excess profits tax is the same under the proviso to section 10 (1) of the finance act of 1942 as under the proviso to section 11 (11) of the finance act of 1946. ..... but if that is the interpretation which has to be placed upon the proviso to the finance act of 1942, then the same interpretation should be put upon the proviso to section 11 (11) of the finance act of 1946. .....

Bharat Match Works, Vanaramurthi and ors. Vs. Union of India and ors.

Court : Chennai

Reported in : 1984(16)ELT3(Mad)

..... according to the petitioners, though the basis of the judgment has been taken away by section 52 of the finance act of 1982, for some, the basis of the judgment is allowed to be operative ..... said challenge, it is necessary to set out the circumstances and the background in which the said section 52 of the finance act came to be enacted giving retrospective effect to notification no. ..... are, therefore, of the view that section 52 of the finance act of 1982 adopting and giving retrospective effect ..... has been brought in by the legislature with retrospective effect by section 52 of the finance act of 1982, cannot be said to be bad. ..... 52 of the finance act of 1982 are these - (1) section 52 contains a non-obstanate clause to override the the effect of any judgment (including the judgment ..... had expressed the view that the power of the legislature to validate matters which have been found by judgments or orders of competent courts or tribunals invalid or illegal is a well known pattern, that the legislature validate acts and things by which the basis of judgments or orders of competent courts or tribunals are made ineffective, that the effect of validation is to change the law so as to alter the basis of any judgment which ..... while upholding the validity of the special criminal courts (repeal) ordinance, 1943, which conferred validity and full effectiveness on sentences passed by special courts which functioned under the special criminal courts ordinance, 1942, the federal court observed that the .....

Malwa Texturising (P) Ltd. Vs. Cit

Court : Madhya Pradesh

Reported in : (2006)204CTR(MP)555

..... , then, notwithstanding anything contained in any other provisions of any law for the time being in force, such appeal or reference or reply shall be deemed to have been withdrawn on the day on which the order referred to in sub-section (2) is passed :provided that where the declarant has filed a writ petition or appeal or reference before any high court or the supreme court against any order in respect of the tax arrear, the declarant shall file ..... thereafter, the assessee filed an application under section 254(2) of the act for correction of the said order dated 26-11-2001 of the tribunal and the ground taken in the said application filed by the assessee was that under sub-section (4) of section 90 of the finance (no. ..... time and manner of payment of tax arrear(1) within sixty days from the date of receipt of the declaration under section 88, the designated authority shall, by order, determine the amount payable by the declarant in accordance with the provisions of this scheme and grant a certificate in such form as may be prescribed to the declarant setting forth therein the ..... malwa textunsing (p) ltd, (2006) 204 ctr (mp) 549) holding that the aforesaid order dated 16-1-2004 passed by the tribunal was outside the scope and purview of section 254(2) of the act which was confined only to rectification of any mistake apparent from the record and have set aside the said order dated 16-1-2004 of the tribunal. .....

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

Court : Mumbai

..... service under section 65(64) and while doing so, it firstly defined management, maintenance or repair service to mean any service provided by any person under a contract or an agreement for a manufacturer or any person authorised by him in relation to management of properties, whether immovable or not, maintenance or repair of properties, whether immovable or not or maintenance or repair including reconditioning on restoration, or servicing of any goods, excluding a motor vehicle and also substituted it by the finance act, 2006 with ..... 2009 roads exemption from service tax to management, maintenance or repair of roads in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service, referred to in sub-clause (zzg) of clause (105) of section 65 of the finance act, 1994, provided to any person by any other person in relation to management, maintenance or repair of roads, from ..... 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. .....

Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. Vs. Commissioner o ...

Court : Madhya Pradesh

Reported in : [1988]173ITR126(MP)

..... assessment years 1964-65 and 1965-66, respectively, were allowable revenue deductions ?at the instance of the commissioner of income-tax : (4) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(i) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and premium gain on value of yarn entitlement ? ..... our answer to the aforesaid two questions is that, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(i) and (ii) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amount representing the drawback of customs duty and the refund of excise duty but not the amount representing the premium ..... the income-tax officer also rejected the claim of the assessee that the amount of rebate allowable under section 2(5)(a)(i) and (ii) of the finance act in force, should be calculated by including in the turnover the amounts representing drawback of customs duty, refund of excise duty and premium gain on the value ..... (5) whether, on the facts and in the circumstances of the case, the amount of rebate allowable under section 2(5)(a)(ii) of the finance acts, 1964 and 1965, should be calculated by including in the export turnover the amounts representing the drawback of customs duty, refund of excise duty and premium gain on value of .....

Commissioner of Central Excise Vs. Vishnuram Textiles Pvt. Ltd.

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

Reported in : (2004)(98)ECC129

..... in order to get over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period, 16.7.1997 to 16.10.1998 under section 116 of the finance act, 2000, whereby recipients of 'goods transport' service and 'clearing and forwarding' service were defined as "assessees". ..... such demands are not effected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in laghu udyog bharati (supra). ..... that "any action taken or anything done or purported to have been (i) taken or done at any time during the period commencing on and from the 16th day of july, 1997 and ending with the day, the finance act, 2000 receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide ..... but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). ..... also proposed to levy interest on tax and to impose penalty on the assessee, came to be adjudicated upon by the original authority which, apart from confirming the demand of service tax, charged interest on the tax amount under section 75 of the finance act, 1994 and imposed penalties on the assessee under sections 76 and 77 of the said act. .....