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Ramsar Tex Private Ltd. Vs. Cce (St)

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

..... contested by the party. the original authority dropped the demand. but the revisional authority confirmed the demand of tax under section 84 of the finance act, 1994. hence the present appeal. the question whether, under section 73 of the finance act, 1994, service tax could be demanded from a recipient of gto service for the aforesaid period was settled in the ..... to pay service tax on the gto service received by them during the above period as the demand of tax was raised beyond the time limit prescribed under section 73 of the finance act, 1994 as amended. learned appellate commissioners relied on the tribunal's judgment in l.h. sugar factories ltd. v. cce meerut ii , wherein it ..... that a person receiving taxable service from gto/c&f agent was not covered by the provisions of section 70 & 73 of the finance act, 1994 and that any demand notice issued to such a person by the department under section 73 was not maintainable. the tribunal had also held that the above legal position did not get .....

Assam Brook Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... record the said facts. in modi rubber limited (supra), the exemption notifications were issued in exercise of powers under rule 8(1) alone. section 32(4) of the finance act, 1978 is perimeteria with section 157(3) of the finance act of 2003. the notification no. 33/99 does not recite that the exemption granted is in exercise of powers under ..... the union has argued that additional duty having been imposed by the finance act, must be distinguished from the basic duty (cenvat) imposable under section 3 of the central excise act, 1944. it is an additional duty by way of surcharge for creation of a special fund and what has been ..... bar.4. while the learned counsel for the petitioners has argued that the additional duty of excise levied by the finance act of 2003 is in essence a duty of excise leviable under section 3 of the central excise act, 1944 and, therefore, the notification no. 33 of 1999 would operate to exempt the same, learned counsel for .....

Ahmedabad Manufacturing and Calico Printing Co. Ltd. Vs. Commissioner ...

Court : Gujarat

Reported in : (1982)25CTR(Guj)263; [1982]137ITR616(Guj)

..... 2. 'computation of qualifying income. - (1) where the total income of an assessee referred to in sub-clause (i) of clause (a) of sub-section (5) of section 2 of the finance act, 1964 (5 of 1964), includes any profits and gains derived from the export of any goods or merchandise out of india, the amount of such profits and ..... of 1976 :'whether, on the facts and in the circumstances of the case, the tribunal was justified in rejecting the assessees claim for deduction under section 2(5)(a)(i) of the finance act, 1965, on account of export of cloth out of india during the accounting year ending on 31st march, 1965 ?'the answer to the questions ..... pressed into service... in these circumstances, i would uphold the finding of the revenue authorities that the assessee is not entitled to any relief under sec. 2(5)(i) of the finance act, 1963.'the learned judicial member agreed with the conclusions reached by the learned accountant member but on different grounds. he held that the working made .....

Greenply Industries Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(111)ECC151

..... having noticed the loophole in the provisions, a further amendment was brought by the finance act, 2003. section 158 of the finance act, 2003 retrospectively amended the section 68 and sought to insert a new section 71a in the finance act, 1994, with retrospective effect. the section 158 would read as under: 158. during the period commencing on and from ..... the interest sought to be recovered from the appellants, relying upon section 116 and 117 of the finance act of 2000, which amended section 65 of finance act, 1994 retrospectively.the said section 116 & 117 read as under: section 116 and 117 of the finance act, 2000 amendment of act 32 of 1994. 116. during the period commencing on and from ..... . as there was no action initiated for the recovery of interest from the appellants, the department's contention that he case is covered under section 117 of finance act, 2000, miserably fails. if no attempt was made during the relevant period to raise any demand, the said action cannot be validated by .....

Mount Shivalik Industries Ltd. Vs. Cce and C

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... . having noticed the loophole in the provisions, a further amendment was brought by the finance act, 2003. section 158 of the finance act, 2003 retrospectively amended the section 68 and sought to insert a new section 71a in the finance act, 1994, with retrospective effect. the section 158 would read as under: 158. during the period commencing on and from the ..... set aside the same.5. in respect of the interest sought to be recovered from the appellants, relying upon section 116 and 117 of the finance act of 2000, which amended section 65 of finance act, 1994 retrospectively.the said section 116 & 117 read as under: 116. during the period commencing on and from the 16^th day of ..... period. as there was no action initiated for the recovery of interest from the appellants, the department's contention that he case is covered under section 117 of finance act, 2000, miserably fails. if no attempt was made during the relevant period to raise any demand, the said action cannot be validated by taking .....

Tata MaIn Hospital Vs. the State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2008(2)JCR174(Jhr)]

..... the person to whom such transfer, delivery or supply is made;18. in the light of 46th amendment the definition of sale within the meaning of section 2 (t) of bihar finance act, was amended.19. now, let us examine the decisions cited by the parties.the first decision cited on behalf of the petitioner is the case of ..... the definition of business of selling goods and the petitioner cannot be said to be a 'dealer' as defined under section 2 (e) of the bihar finance act, 1981. he further submitted that under section 2 (e) of the bihar finance act a 'dealer' must be a person who carries on business of buying, selling or supplying goods for consideration, whereas ..... which was charged against the head 'pharmacy' relates to sale of medicine. since the said amount was charged for sale of medicines and, therefore, under section 3 of the bihar finance act the same is exigible, because of the fact that no detail regarding sale and purchase of medicines were supplied to the team and, therefore, under the .....

Commissioner of Income-tax, Gujarat-i Vs. Lakhtar Cotton Press Co. (Pv ...

Court : Gujarat

Reported in : [1983]142ITR503(Guj)

..... of the case, the income-tax appellate tribunal was right in law in holding that the assessee is entitled to be treated as an industrial company under section 2(7)(c) of the finance act, 1973 ?' 3. we proceed to dispose of them by this common judgment. we may, however, state that in reference no. 245 of 1978, ..... the relevant section is s. 2(8)(c) of the finance act, 1974, and except for this difference, in substance, the question involved in that reference is the same because the definition of industrial company in s. ..... ginning charges. the ito treated the assessee as an 'industrial company' within the meaning of s. 2(7)(c) of the finance act, 1973. that section in so far as we are concerned, reads as under : 'for the purposes of this section and the first schedule, - ...... (c) 'industrial company' means a company which is mainly engaged - ...... in the manufacture .....

The Commissioner of Wealth-tax Vs. Fagun Co. P. Ltd.

Court : Chennai

Reported in : 2007(1)CTC13; (2006)205CTR(Mad)225; [2006]286ITR297(Mad); (2006)4MLJ836

..... leviable. 6. heard both the counsel. it is useful to know the background of the introduction of section 40 of the finance act of 1983. earlier, wealth-tax was leviable on companies under section 3 of the finance act. section 13 of the finance act, 1960 provided that wealth-tax is not leviable on a company with effect from april 1, 1960 ..... only certain commercial assets alone are mentioned for the purpose of exemption. it does not exempt all the commercial assets. clause (vi) of sub-section 3 of section 40 of the finance act, specifically excludes buildings or part thereof used by the assessee as factory, godown, warehouse, cinema house, hotel or office for the purposes of ..... the assessee is not entitled to exemption unless the assets come within the specified assets mentioned in the said clause (vi) of sub-section (3) of section 40 of the finance act. it is noted that parliament has clearly specified the assets which are excluded under the said clause. all the commercial assets are not exempt .....

South African Property Owners Association Vs. the Council of the City ...

Court : South Africa Supreme Court of Appeal

..... act. 14. section 15 of the finance act. 15. section 16(1) of the finance act. 16. section 16(2) of the finance act. 17. section 17(1) of the finance act. 18. section 17(3)(a),(b) and (c) of the finance act. 19. section 18 of the finance act. 20. section 21(1) of the finance act. 21. section 22(a) of the finance act. 22. section 23(1) of the finance act. 23. section 23(2) of the finance act. 24. section ..... and residential, had declined, and how the percentage contribution of the rates from business properties had declined from approximately 50% in 2006/07 and 2007/08 to approximately 40% in 2008/09 and how this would continue in 2009/10 if the rates increase of 10% was implemented but ..... properties was increased because the percentage contribution from the rates on business properties to the total rates income had declined from what it was in 2007/8 and the purpose of the increase was to restore the percentage contribution from business properties on the total rates income. this re-alignment .....

Commissioner of Income-tax Vs. P.S.S. Investments (P.) Ltd.

Court : Chennai

Reported in : [1971]79ITR456(Mad)

..... company, amongst others, is bound to pay a super-tax at the rate for that year as laid down by the relative finance act (section 55 of the indian income-tax act, 1922). under the finance act of 1958, which has been referred to before us in connection with the cases under review, super-tax shall be charged at ..... reduced for the purpose of reducing the rebate in corporation tax in the manner directed ?' 2. mr. balasubrahmanyan for the revenue has taken us through the finance acts of 1949, 1951, 1955 and 1958, to bring out the distinction between distribution of dividends and declaration of dividends. his contention was that the dividends having ..... of distribution of the dividend alone ought not to weigh to consider the nature and quantum of entitlement of the assessee to rebate in accordance with the finance acts. the appellate assistant commissioner accepted in principle the assessee's contention that the components of the dividend should be considered with reference to the profits of .....