Judgment Search Results Home > Cases Phrase: finance act 2007 section 107 amendment of section 127k Court: kerala Page 12 of about 186 results (0.090 seconds)

Suma Devi Vs. State of Kerala

Court : Kerala

Reported in : 2005(2)KLT870; [2005]142STC170(Ker)

..... and 19(1)(g) of the constitution of india. further they contend that the retrospective operation of the amended provisions effective from 23.7.2001 as per section 1 of the finance act, 2001 is a colourable exercise of power. they also contend that the enhancement of compounded rate of tax to 300% is disproportionate to the production in ..... be given for payment of tax at the compounded rates to persons who run modernised crusher units producing granite metals. consequently as per the kerala finance act, (act 7 of 2001) section 7(1)(b) was introduced which reads as follows:7. payment of tax at compounded rate:1. notwithstanding anything contained in sub ..... and also contended that the petitioners have always got the option to pay tax under section 5(1) of the act rather than opting on section 7(1)(b). having opted under section 7(1)(b) they are bound by the explanation contained in the finance act. counsel submitted that there is no illegality in the explanation added since the legislature .....

Kerala Classified Hotels and Resorts Ass Vs. Union of India

Court : Kerala

..... petitioners in the above writ petitions are challenging the validity of sub clause (zzzzv) and (zzzzw) of clause 105 of section 65 of the finance act, 1994 and section 66 of the finance act, 1994 as amended by the finance act 2011 relating to levy of service tax on taxable services referred there and for consequential reliefs. the relevant portion reads as under ..... mandapam assn., gujarat ambuja cements ltd. and all- india federation of tax practitioners." 9. in all-india federation of tax practitioners v. union of india, (2007) 7 scc527) the question was regarding the competence of parliament to levy service tax on practising chartered accountants and architects having regard to entry 60, list ii of ..... ], govt. of a.p. v. p. laxmi devi [(2008) 4 scc 720.and greater bombay coop. bank ltd. v. united yarn tex (p) ltd. (2007) 6 scc 236). there is no dispute regarding the proposition as held in the above judgments and hence the only enquiry is to find out whether the impugned legislation has .....

Kemlogic Lab Care Pvt.Ltd. Vs. State of Kerala

Court : Kerala

..... within one month shall be considered by the second respondent within a period of one month therefrom. the representation shall be dealt with taking note of the kerala finance act, 2012 (ext.p4). an opportunity of personal hearing shall also be afforded to the petitioner in the exercise.2. the coercive proceedings pursuant to ext.p6 notice ..... v.chitambaresh, j.------------------------------- w.p (c) no.17458 of 2013 ------------------------------- dated this the 18th day of july, 2013 judgment the petitioner claims the benefit of the kerala finance act, 2012 in regard to the rate of tax of machinery for photography. it is up to the petitioner to file a detailed representation to the second respondent furnishing all ..... order dated no. ibe 11/or11/ 10.11 dated 4 h march 201 exhibit p2 true copy of the finance bill dated 1 7/2006 exhibit p3 true copy of the relevant extract of the finance act 200.published in the kerala gazette no.12302/leg.a2/2006/law extra oprdinary dated 24 10/2006 exhibit p4 .....

P. Muraleedharan Vs. Union of India and Others

Court : Kerala

..... applies. 6. standing counsel appearing for the respondents submitted that the very purpose of the amendment which is by way of introduction to explanation to section 65(19)(ii) by finance act, 2008, with effect from 16.5.2008 is to get over the judgment of the supreme court in martin lottery agencies case and so much ..... the charges received for the service rendered in relation to lotteries, which is obviously for levy of service tax under the head business auxiliary service covered by section 65(19) of finance act, 1994. 2. we have heard shri. a.r. madhav rao and shri. george poonthottam learned counsel appearing for the petitioners and various standing counsel for ..... by finance act, 2008 with effect from 16/05/2008, we have to refer to the back ground of the case. a circular was issued by the central board of direct taxes on 14/01/2007 stating that service rendered in relation to lotteries could be brought to service tax under the head business auxiliary service falling under section 65 .....

Dr. V.P. Gopinathan Vs. Commissioner of Wealth-tax

Court : Kerala

Reported in : [1996]221ITR401(Ker)

..... , firstly, on the basis of the following words, 'within one year immediately preceding the date of his return and at any time thereafter' introduced by the finance act, 1986, with effect from april 1, 1987, wanted us to appreciate the legislative intent of the clause under consideration as it is. it is not possible ..... 1985 (reported in [1985] 152 itr 227), all with reference to the contention that on a true and correct interpretation and language of section 5(1)(xxxiii) of the act remittances and assets having their origin with reference to the working of the foreigner with an indian origin are required to be exempted from the ..... of the income with regard to the assessment year. even reference to the state taxation laws, illustratively section 101 of the kerala municipalities act, section 72 of the panchayats act as well as section 3 of the kerala building tax act, 1975. illustratively, these provisions speak of exemption from taxation with regard to places of public worship, buildings .....

T.L.George Vs. Commissioner of Central Excise

Court : Kerala

..... l.s.quarters-8 numbers and u.s.quarters-2 numbers at vazhakulam and therefore, such a construction will not fall within the definition of 'residential complex' in section 65 (91a) of the finance act, 1994.4. looking at the aforesaid statutory provision, defining the term 'residential complex' and viewing the documents w.a. no.1134/13 -3- which are ..... whether the work done was in terms of a particular contract, the spread of which would not draw that activity into the net of service tax in terms of the finance act, 1994, even if, the owner has different other residential units or other units as part of a residential complex or other complex. w.a. no.1134/13 - ..... for the central board of excise and customs.2. appellant was issued a show cause notice dated 21.10.2011 proposing orders under the different provisions of the finance act, 1994 on the premise that he failed to furnish periodical returns and had also suppressed the value of taxable service. that was founded on the basic view that .....

Palm Fibre India Private Limited Vs. Union Bank of India

Court : Kerala

..... interpretation, as also the scope of the delegated powers of the rule making authority, pointed reference has to be made to the various provisions of the finance act, 1994. the relevant provisions are the following: finance act, 1994 sec.65: "(12) "banking and other financial services" means - (a) the following services provided by a banking company or a financial institution including a ..... not apply with effect from such date as the central government may, by notification appoint". charge of service tax on and after finance act, 2012. "sec.66b. there shall be levied a tax (hereinafter referred to as the service tax) at the rate of twelve per cent on the value of all services, ..... to pay an amount calculated at the following rate towards discharge of his service tax liability instead of paying service tax at the rate specified in section 66b of chapter v of the act, namely: (a) 0.12 per cent of the gross amount of currency exchanged for an amount upto rupees 100,000, subject to the minimum .....

Dr. Vs. P. Gopinathan V. Commissioner of Wealth Tax.

Court : Kerala

Reported in : (1996)133CTR(Ker)493

..... tax counsel urged, firstly on the basis of the following words, 'within one year immediately preceding the date of his return and at any time thereafter' introduced by the finance act, 1986 w.e.f. 1st april, 1987, wanted us to appreciate the legislative intent of the clause under consideration as it is. it is not possible when the ..... also apply to the value of the assets acquired by such an assessee out of the monies remitted by him during his ordinary residence in a foreign country.21. the section can be considered from yet another angle. the words are 'such monies '. we have to appreciate the plural sense of the word 'monies' as referring to occasions ..... india for good. the question also is whether it also includes the assets acquired by him after his return, out of such monies.18. the plain language of the section, in our judgment, cannot permit such a restricted approach based on dissection, firstly with regard to the remittances, secondly with regard to the monies and the assets brought .....

Commissioner of Income Tax Vs. Hotel Meriya

Court : Kerala

..... gupta : 2008 (297) itr 322. at para.23, apex court held:[w]e hold that even without the proviso to section 113 (inserted vide finance act, 2002, with effect from june 1, 2002) the finance act 2001, was applicable to block assessment under chapter xiv-b in relation to the search initiated on january 17, 2001, and accordingly ..... surcharge was leviable on the tax....it was further ruled that insertion of proviso to section 113 is mere clarification. following the ruling of the ..... employees recorded by the assessing officer as well as the documents seized would come within the purview of the evidence under section 158bb of the it act r/w. section 3 of the evidence act and section 131 of it act. therefore, such evidence would be admissible for the purpose of block assessment.9. it appears that the tribunal had .....

Pothanicad Farmers Co-operative Bank Ltd.No.3510 Vs. Superintendent

Court : Kerala

..... by the petitioner attracts the liability to pay service tax or not is a matter to be considered by the adjudicating authority under section 83a of the finance act, 1994. only such order of adjudication is appealable under section 85 of the finance act, 1994 wherein also all the questions can be gone into.3. the first respondent is after all the custodian of records as ..... above, the respondents will hear the first petitioner and enquire as to whether the activity carried on by it, viz., group deposit and credit scheme, attracts the provisions of the finance act, 1994 to fasten the liability of service tax. if this issue is ultimately decided against the society, the respondents will be free to call upon the first petitioner to produce .....