Court : Karnataka
..... vitiate levy of tax. (see avinder singh v. state of punjab - air1979sc321. c. legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. in the case of goods specified in the seventh schedule ..... third income tax officer, madurai reported in (1975) 2 scc454(bench of three judges). the apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution of india. in a detailed discussion, the apex court has also clarified that the purpose and concept ..... referred to as nccd ) as unconstitutional. d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from 01.07.2017 i.e., the date on .....
Tag this Judgment!Court : Karnataka
..... vitiate levy of tax. (see avinder singh v. state of punjab - air1979sc321. c. legality of levy of nccd as per section 136 of the finance act, 2001 section 136 of the finance act, 2001 provides for levy of nccd and section 136 (1) and (2) are extracted herein below for reference:1. in the case of goods specified in the seventh schedule ..... third income tax officer, madurai reported in (1975) 2 scc454(bench of three judges). the apex court has clearly opined that the surcharge leviable under section 2 (1) of the finance act, 1963 are relatable to article 271 of the constitution of india. in a detailed discussion, the apex court has also clarified that the purpose and concept ..... referred to as nccd ) as unconstitutional. d) in the alternative and without prejudice to the relief at prayer (c), have sought for declaration that section 136 of the finance act, 2001 under which there has been a levy and collection of nccd has been impliedly repealed with effect from 01.07.2017 i.e., the date on .....
Tag this Judgment!Court : Karnataka
..... expenses, if any, in earning the income and any unabsorbed loss continues to be carried forward to subsequent years as is made explicitly clear by sub section (3) of section 74a.47. section 194b was inserted by finance act, 1972, with effect from 01.04.1972. it casts an obligation on every person responsible for paying any income by way of winnings from any lottery ..... 226 and 227 of the constitution of india, praying to quash the notices dated 20.12.2012 and 7.1.2013 issued by r-3 for the years 2006-07,2007-08, 2008-09, 2009-10, 2010-11, 2011-12 vide annexure-b, b1, b2, b3 as being unconstitutional and ultra-vires the provisions of the income tax 1961 and etc ..... , 2008-09, 2009-10, 2010-11 and 2011-12 (annexures-b b1, b2, b3) as being unconstitutional and ultra vires the provisions of income tax act, 1961. (2) quash notices for the years 2006-07, 2007-08, 2008-09, 2009-10 upto 31.12.2009 (3rd quarter) as being barred by limitation (annexures-b, b1, b2, b3). (3) declare that the circulars .....
Tag this Judgment!Court : Karnataka
..... there is an exemption, which aspect comes out clearly from clause-6(b) of the exemption notification2, which is passed in exercise of power under section 93 (1) of the finance act, 1994. the services rendered to a business entity with a turn over above rupees ten lakh would fall outside the purview of the exemption, however, ..... from sale of books, apart from income from profession. 16 it must be noted that the liability under section 73 of the finance act, 1994 provides for liability on "the person chargeable with service tax", section 66b of the finance act 1994 provides for levy of tax on "value of all services'. in terms of the negative list of ..... no.25/2012-st dated 20.06.2012 passed in exercise of power under section 93 (1) of the finance act, 1994 the central government has 12 exempted certain taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. amongst the services exempt, it includes services of legal professionals consisting of .....
Tag this Judgment!Court : Karnataka
..... there is an exemption, which aspect comes out clearly from clause-6(b) of the exemption notification2, which is passed in exercise of power under section 93 (1) of the finance act, 1994. the services rendered to a business entity with a turn over above rupees ten lakh would fall outside the purview of the exemption, however, ..... from sale of books, apart from income from profession. 16 it must be noted that the liability under section 73 of the finance act, 1994 provides for liability on "the person chargeable with service tax", section 66b of the finance act 1994 provides for levy of tax on "value of all services'. in terms of the negative list of ..... no.25/2012-st dated 20.06.2012 passed in exercise of power under section 93 (1) of the finance act, 1994 the central government has 12 exempted certain taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. amongst the services exempt, it includes services of legal professionals consisting of .....
Tag this Judgment!Court : Karnataka
..... there is an exemption, which aspect comes out clearly from clause-6(b) of the exemption notification2, which is passed in exercise of power under section 93 (1) of the finance act, 1994. the services rendered to a business entity with a turn over above rupees ten lakh would fall outside the purview of the exemption, however, ..... from sale of books, apart from income from profession. 16 it must be noted that the liability under section 73 of the finance act, 1994 provides for liability on "the person chargeable with service tax", section 66b of the finance act 1994 provides for levy of tax on "value of all services'. in terms of the negative list of ..... no.25/2012-st dated 20.06.2012 passed in exercise of power under section 93 (1) of the finance act, 1994 the central government has 12 exempted certain taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. amongst the services exempt, it includes services of legal professionals consisting of .....
Tag this Judgment!Court : Karnataka
..... there is an exemption, which aspect comes out clearly from clause-6(b) of the exemption notification2, which is passed in exercise of power under section 93 (1) of the finance act, 1994. the services rendered to a business entity with a turn over above rupees ten lakh would fall outside the purview of the exemption, however, ..... from sale of books, apart from income from profession. 16 it must be noted that the liability under section 73 of the finance act, 1994 provides for liability on "the person chargeable with service tax", section 66b of the finance act 1994 provides for levy of tax on "value of all services'. in terms of the negative list of ..... no.25/2012-st dated 20.06.2012 passed in exercise of power under section 93 (1) of the finance act, 1994 the central government has 12 exempted certain taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. amongst the services exempt, it includes services of legal professionals consisting of .....
Tag this Judgment!Court : Karnataka
..... there is an exemption, which aspect comes out clearly from clause-6(b) of the exemption notification2, which is passed in exercise of power under section 93 (1) of the finance act, 1994. the services rendered to a business entity with a turn over above rupees ten lakh would fall outside the purview of the exemption, however, ..... from sale of books, apart from income from profession. 16 it must be noted that the liability under section 73 of the finance act, 1994 provides for liability on "the person chargeable with service tax", section 66b of the finance act 1994 provides for levy of tax on "value of all services'. in terms of the negative list of ..... no.25/2012-st dated 20.06.2012 passed in exercise of power under section 93 (1) of the finance act, 1994 the central government has 12 exempted certain taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. amongst the services exempt, it includes services of legal professionals consisting of .....
Tag this Judgment!Court : Karnataka
..... there is an exemption, which aspect comes out clearly from clause-6(b) of the exemption notification2, which is passed in exercise of power under section 93 (1) of the finance act, 1994. the services rendered to a business entity with a turn over above rupees ten lakh would fall outside the purview of the exemption, however, ..... from sale of books, apart from income from profession. 16 it must be noted that the liability under section 73 of the finance act, 1994 provides for liability on "the person chargeable with service tax", section 66b of the finance act 1994 provides for levy of tax on "value of all services'. in terms of the negative list of ..... no.25/2012-st dated 20.06.2012 passed in exercise of power under section 93 (1) of the finance act, 1994 the central government has 12 exempted certain taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. amongst the services exempt, it includes services of legal professionals consisting of .....
Tag this Judgment!Court : Karnataka
..... provided under sub-section (2) of section 2 of the finance act. 7. the question in this case relates to the correct interpretation of the entries in the constitution. the two entries in the constitution that ..... of charging income-tax only on the net income. the manner of calculating the income chargeable is also provided in clause (b) of sub-section (2) of section 2 of the finance act. the assessing authority has aggregated the agricultural income of the petitioner with the net income and levied income-tax only on the total income as ..... amount of income-tax determined in accordance with sub-clause (ii) shall be the income-tax chargeable in respect of the total income.' 6. sub-section (2) of section 2 of the finance act provides for the case to which it is made applicable. where the assessee has in the previous year any net 'agricultural income' in addition to .....
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