Judgment Search Results Home > Cases Phrase: finance act 2007 section 107 amendment of section 127k Court: mumbai Page 12 of about 563 results (0.071 seconds)

Filmyug Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (2003)182CTR(Bom)395; [2003]261ITR263(Bom)

..... namely, the accounting year in which such undertaking begins to manufacture or produce articles and the two accounting years immediately following that year.' 13. section 37(3d) introduced by the finance act, 1978, reads as under :'(3d) in a case where an assessee has set up an industrial undertaking for the manufacture or production of any ..... heard counsel on both the sides and perused the records placed before us. section 37(3a) to 37(3d) were introduced in the income-tax act with effect from april 1, 1979, by the finance act, 1978. the said provisions were repealed by the finance (no. 2) act, 1980, with effect from april 1, 1981. thus, these provisions were ..... manufacture or produce such articles and each of the two previous years immediately succeeding that previous year.'14. thus, the provisions of sections 37(3a) to 37(3d) were introduced by the finance act, 1978, with a view to place a curb on extravagant and socially wasteful expenditure on advertisement, publicity and sales promotion .....

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

..... technology in bg ii, which, being patented, required it to remit service tax. monsanto india has been paying service tax since 2007. 19. monsanto india submits that while under section 66e of the finance act, a temporary transfer or permissive use or enjoyment of any intellectual property is considered to be a declared service, liable to service ..... agreements whereby the monsanto technology is granted by the petitioner to the seed companies amounts to mere permissive use and, therefore, a service under section 65(b)(44) of the finance act, 1994 ( finance act ) read with entry 97 list i of the constitution, or whether it is a deemed sale in the nature of transfer of right ..... was taxable under article 366(29a)(d), and a mere permissive or license to use was not liable to service tax under the finance act, 1994. sections 65(55a) and 65(105)(zzr) of the finance act, 1994, under which permissive use of intellectual property is liable to service tax, came into force only on 10th september 2004. .....

Commissioner of Income-tax, Poona Vs. Jalgaon District Central Co-oper ...

Court : Mumbai

Reported in : (1982)30CTR(Bom)206; [1983]143ITR326(Bom); 1984TAXLR212

..... provided it exceeds rs. 6,000. this provision is included in para. a of the first schedule to the said finance act. section 81 of the said act, namely, the i.t. act, 1961, which has been deleted by the finance (no. 2) act of 1967, but which was in force during the relevant assessment year, inter alia, provided that no income-tax would be ..... us for our determination in this reference is as follows :'whether, on the facts and in the circumstances of the case and having regard to the provisions of section 3 of the finance act, 1963, the tribunal erred in law in holding that additional surcharge was not leviable against the assessee for the assessment year 1963-64 ?'2. the facts ..... arguments advanced before us, we may make a note of the relevant provisions. the relevant part of sub-s. (1) of s. 2 of the said finance act provides that :'(1) subject to the provisions of sub-sections (2), (3), (4) and (5) for the assessment year commencing on the april 1, 1963, - (a) income-tax shall be charged at .....

The State of Bombay Vs. Amratlal Ambaram Modi

Court : Mumbai

Reported in : (1957)59BOMLR1129

..... they are three separate buildings, they cannot be brought within the second proviso to section 22. the relevant provisions are contained in part vi of the bombay finance act, 1932. part vi applies, inter alia, to ahmedabad where the properties are situate. section 21 is a section which gives definitions and under section 21(2) it is provided that 'buildings' and 'lands' have the same meanings ..... dixit, j.1. these three appeals raise a common question about the proper construction of the second proviso to section 22 of the bombay finance act, 1932. it would be enough to state the facts in s.a. no. 253 of 1955 in order to understand the question.2. one amratlal ambaram modi, who is respondent .....

Atul Drug House Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1995]216ITR584(Bom)

..... income-tax was payable in respect of the dividend declared and paid out of profits exempt under section 80j of the income-tax act, 1961 ?' 2. in this connection, the relevant provisions of the finance act, 1968, are as follows : 'the first schedule(see section 2)part iparagraph f 3. in the case of a company, other than the life insurance ..... distributed in excess of the specified limit as set out in the first schedule to the' finance act, 1951, is not a valid charge, also will not apply. as the supreme court observed in that case, under section 3 of the income-tax act, income-tax is a tax on the income of the previous year. it would not cover ..... officer had clearly made a mistake in overlooking the provision relating to additional income-tax under the finance act, 1968, while making his assessment. this is a mistake which is apparent on the record. he has, therefore, rightly resorted to the proceedings under section 154 to rectify this mistake. the facts, in the present case, are not in dispute .....

New Excelsior theatre Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : [1994]210ITR570(Bom)

..... messrs. s. p. builders under an agreement of december 6, 1974. 16. this bring us to the second condition which the assessee must fulfil under section 16(c) of the finance act, 1974, namely, that before december 1, 1973, the assessee should have either purchased such machinery or plant or should have entered into a contract for ..... get the benefit of development rebate which has been otherwise discontinued. therefore, we will have to interpret the condition as we find it in section 16(c). section 16(c) of the finance act covers 'any machinery or plant installed by an assessee'. this assessee clearly must be the one who is claiming the development rebate. the ..... such rebate should be granted to the assessee. 11. the submission of the assessee cannot be accepted looking to the specific language used in section 16(c) of the finance act, 1974. under section 16(c) only in certain specific cases development rebate is continued. it is not as if there is a general extension of development rebate .....

Rpg Enterprises Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... the very nature of the activities undertaken by m/s rpg so, as to determine whether their activities will fall under the 'management consultant' as defined in section 65(37) of the finance act. 1994, which defines 'management consultant', as under: any person who is engaged in providing any service, either directly or indirectly, in connection with ' ..... plea that the gross amount recovered should be considered as inclusive of service tax is not tenable and is not accepted. the explanation 2 added to section 67 of the finance act, 1994 with effect from 10.9.2004 cannot be applied retrospectively. the demand in the present case relates to the period from 1998-99 to ..... believed that theirs is not a service company. they relied on the following case laws in this connection: (b) secretary, town hall committee v. commissioner reported in 2007 (8) str 170 (tri-bang);padmini products v. cce 5. in the light of the above submissions, the appellants prayed for setting aside the impugned order passed .....

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

Court : Mumbai

..... .singhvi submitted that the tax authority is not competent to treat the petitioner as an assessee in default under section 201, as amended by the finance act, 2008 and the amendment to section 201 by the finance act, 2008 is unconstitutional. we have not considered it appropriate to adjudicate upon the submission of dr.singhvi at this ..... press note 1.103. upon receipt of the application, the government of india in the fipb unit of the ministry of finance addressed a letter on 28 february 2007 to hel seeking details of the direct and indirect foreign holding in hel and details of indian companies together with their stake in ..... the sale of cgp investments (holdings) limited which held through various subsidiaries all our interests in india". the report refers to the transaction of 11 february 2007 and reports "the results pertaining to the india mobile telecommunications operations .. presented as discontinued operations" in accordance with the hong kong financial reporting standard (hkfrs). .....

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

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... ) equal to the amount it paid towards bed on tyres, which had been initially discharged using accumulated credit under aed (gsi) available as on 1.3.2003. 6. 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 ..... was allowed use of aed(gsi) to discharge bed payable on tyres. the assessee had accumulated credit of rs. 32,78,21329/- which it utilized for payment of bed. vide sec.88 of the finance act, 2004, government restricted use of aed (gsi) for payment of bed and barred use of such aed (gsi) earned prior to 1.4.2000. vide ..... notification no.13/03 nt dated 1.3.03, government allowed utilization of aed(gsi) for payment of bed by an amendment of explanation to rule 3 of ccr. 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 .....

Prism Cement Limited, (Formerly Known as H and R Johnson (India) Limit ...

Court : Mumbai

..... amendment viz. to discourage the sales to unregistered dealers. this error of the draftsman has been corrected by deleting the words 'or sub-section 2' by finance act 2007 which is purely clarificatory in nature. accordingly, it is contended that since the object of 2002 amendment is to discourage sales to unregistered ..... dealers, the said object cannot be defeated on account of the draftsman inappropriately and incautiously using the words 'or sub-section 2' in the amended section 8(5)(a) and 8(5)(b) of the cst act ..... sales in the course of inter-state trade or commerce to dealers other than the registered dealers / government after the amendment of section 8(5) by finance act 2002. challenging the trade circulars issued by the commissioner and also the proceedings initiated pursuant thereto, the present writ petition is filed. .....