Judgment Search Results Home > Cases Phrase: finance act 2007 section 109 omission of section 127ma Page 20 of about 4,029 results (0.929 seconds)

Delhi Transport Corporation Vs. Commissioner Service Tax

Court : Delhi

..... commissioner (adjudication) service tax thereby confirming the demand of 7,19,01,910/- under section 73 read with section 68 and 95 of the finance act, 1994, and section 140 of the finance act, 2007, directing interest (at appropriate rate) to be charged under section 75 and imposing penalties of 1,000/- under section 77 of finance act for failure to file st-3 returns for each of the three periods, 5 ..... ,000/- under section 77(1) for not obtaining the registration in accordance with section 69, 5,000/- under section 77(2) generally .....

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

..... to the employees account in the relevant fund or under the relevant provisions of any law or term of the contract of service or otherwise. (explanation to section 36 (1) of the finance act) 12.2. in addition, contribution of the employees to the various funds which are deducted by the employer from the salaries and wages of the employees will ..... reason or the other, 7 circular no.372 dated 08-12-1983. 7 undisputed liabilities also are not paid. 35.3 to curb this practice, the finance act has inserted a new section 438 to provide that deduction for any sum payable by the assessee by way of tax or duty under any law for the time being in force or ..... and where such payment has been made otherwise than in cash, the sum has been realised within fifteen days from the due date." by section 21 of the finance act, 2003, the above second proviso was omitted. thereafter, by finance act, 2021 the following explanation 5 was added, w.e.f. 01.04.2021: explanation 5.-for the removal of doubts, it is hereby .....

Commissioner of Income-tax Vs. Deoria Sugar Mills Ltd.

Court : Kolkata

Reported in : [1971]80ITR408(Cal)

..... to tax independent of the passing of the finance act but until the finance act is passed no tax can be actually levied.'15. the close connection between the income-tax act and finance act is further evident from the provisions of section 294 of the income-tax act of 1961 corresponding to section 67b of the act of 1922. section 294 runs thus :'if on the 1st ..... super-tax is levied only on the total income of the previous year; that levy is authorised by section 55 of the income-tax act : and the rate is authorised by part ii-d of the first schedule to the finance act of 1956. the madras high court is of the view that it is within the competence of the ..... day of april in any assessment year provision has not yet been made by a central act for the charging of income-tax .....

Chandulal Venichand Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1991)38ITD138(Ahd.)

..... all of them follow mercantile system of accounting.2. the common point in these three appeals relates to interpretation of provisions of section 43b of the income-tax act, 1961 as amended by the finance act, 1987 and the finance act, 1989.3. in ita no. 229/ahd/1988 the assessee is firm of m/s. chandulal venichand carrying on business ..... court in srikakollu subba rao & co. v. union of india [1988] 173 itr 708 that in order to apply the provision of section 43b (as it stood prior to amendments by finance act, 1987 and finance act, 1989) not only should the liability to pay the tax be incurred in the accounting year but the amount also should be statutorily ..... to the last quarter and the amount in question was statutorily payable after the close of the relevant accounting year.8. as already stated section 43b was amended by finance act, 1987 and finance act, 1989. by finance act, 1987 proviso was inserted with effect from 1-4-1988 which reads as under :- provided that nothing contained in this .....

Jagatdal Jute and Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)1SOT210(Kol.)

..... paid before due date for furnishing the return of income for the year, is unsustainable in law particularly in view of amendments, introduced by finance act, 2003 in section 43b of income tax act, 1961, which are to be treated as having retrospective effect covering the year under consideration in view of principles laid down by honble supreme ..... decisions of the aforesaid coordinate benches, we are, therefore, of the considered opinion that the amendment brought by the finance act, 2003 in the 1st proviso to section 43b of the act and consequential omission of 2nd proviso to section 43b is to be treated as retrospective in operation, and consequently, any sum payable by the assessee as an ..... incurred and evidence of such payment is furnished by the assessee along with such return. on reading the 1st proviso to section 43b of the act, as it stood prior to the amendment made by the finance act, 2003, with effect from 1-4-2004, it is clear that this proviso was applicable only to the sums .....

Addl. Commissioner of Income-tax Vs. Farrukhabad Cold Storage (P.) Ltd ...

Court : Allahabad

Reported in : [1977]107ITR816(All)

..... to be put on the word 'industrial company' as defined in section 2(7)(d) of the finance acts of 1966 and 1967. the word 'industrial company' was defined in the finance act of 1966 and has been similarly defined in the finance act of 1967. section 2(7)(d) of the finance act runs as follows : '2. (7)(d).--industrial company means a ..... running the cold storage falls in the category of processing of goods and, as such, the assessee-company was an industrial company as defined in section 2(7)(d) of the finance acts. he, as such, directed the income-tax officer to treat the assessee-company as industrial company and levy tax accordingly. an appeal filed by ..... the circumstances of the case, the appellate tribunal was legally correct in holding that the assessee-company was an 'industrial company ' within the meaning of section 2(7)(d) of the finance acts of 1966 and 1967 and was, therefore, entitled to concessional rate of taxation ' 2. the reference relates to the financial years relevant to the .....

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

..... the incriminating documents, believed to be available in the premises in question. accordingly, search warrants had been issued, as per section 82 of the finance act,1994, read with section 12e of the central excise act, 1944, made applicable to service tax, under section 83 of the finance act, 1994. the premises in question, which had been searched by the officers of the respondent department, are all coming ..... the scrutiny of the documents had further revealed that all these concerns have rendered taxable service to larsen and toubro private limited, either directly or indirectly. during the period, from 2007-08 to 2011-12, upto the month of february 2012, the companies had received a total payment of about 532 crores from larsen and toubro private limited, incurring the service .....

R.K. Marble Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(115)ECC27

..... and appeal itself is taken up for disposal.2. revenue issued show cause notice dated 5.11.2004 to the appellants on the basis of amended section 73 of the finance act, 1994 for recovery of the service tax payable by the appellant as receipt of services from goods transporter operator for the period from 16.11.1997 ..... the facts of the case that the show cause notice has been issued (as reproduced in paragraph 2 above) indicates that the demand has been issued under section 73 of the finance act, 1994. this very amendment was an issue before the tribunal in the case of l&h sugar factories (supra) wherein the tribunal has held as under: ..... of the president in the prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply accordingly. section 73 has also undergone certain amendments by finance act, 2003. after the amendment section 73 reads as follows: (a) the assistant commissioner of central excise or, as the case may be, the deputy .....

Ramanasekar Steels Ltd. Vs. Commissioner of Central Excise

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

Reported in : (2008)9STR132

..... of return is concerned, there can be no excuse based on financial constraints. therefore, the question of not imposing penalty of rs. 1,000 under section 11 of the finance act on the appellants for their failure to file service tax return is ruled out.6. however, payment of service tax requires money. it is on ..... to learned jdr, these liabilities would not be affected in any way by financial constraints. in other words, financial difficulties would not constitute "reasonable cause" under section 80 of the finance act, 1994. the jdr has relied on the decision of this bench in sree vadivambigai textile mills ltd. v. commissioner of central excise, madurai [2006] 3 ..... the lower authorities ordered levy of interest on the tax amount and have also imposed penalties of rs. 200 per day under section 76 of the finance act, 1994 and rs. 1,000 under section 77 of the act. the party has since paid the interest also. in the present appeal, they concede tax and interest liabilities. their only grievance .....

State Trading Corpn. of India Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)36ITD497(Delhi)

..... (sb) and shree arbuda mills ltd v. ito [1983] 3 sot 311 (ahd.). it was next contended by shri srivastava that the explanation to section 263(1) substituted by the finance act, 1988 with effect from 1-6-1988 would not make any difference for the reason that the explanation was substituted with effect from 1-6-1988 and, ..... of the assessee in support of the theory of total merger no longer hold good in view of the explanation, clause (c) to section 263(1) which has been retrospectively amended by the finance act, 1989. the commissioner, therefore, in this case had the jurisdiction to revise the assessment on the issues which were not considered and decided ..... include - (a) an order of assessment made on the basis of directions issued by the inspecting assistant commissioner under section 144a or section 144b; and...10. the above explanation was substituted by the new explanation by the finance act, 1988 with effect from 1-6-1988 and the explanation, clause (c) as substituted with effect from 1-6 .....