Judgment Search Results Home > Cases Phrase: finance act 2007 section 12 amendment of section 35 Court: chennai Page 8 of about 12,035 results (0.195 seconds)

Tamil Nadu Hotels Association Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(78)ECC584; 2001(133)ELT265(Mad); 2006[2]STR513

..... within fifteen days of the end of the preceding quarter giving various particulars required under the said provision. this finance act was substantially amended by finance act, 1997 and number of other services were brought into the tax dragnet. section 65(8) defined the term 'caterer' as follows :'caterer means any person who supplies, either directly or ..... to all the 'taxable services' provided after the commencement of chapter v. section 66 of the finance act, 1994 is a charging section. few other provisions would be necessary to be seen. section 65(16) as it stood then defined the 'taxable service' while, section 67 provides for the manner in which the 'taxable service' was to ..... the 'mandap keeper', the said services which were provided for in finance act, 1977 were continued in finance act no. 2/98 which was brought into with effect from 16-10-1998. however, the services provided by the outdoor caterer, who was defined under section 65(24) came to be deleted form the list of 'taxable .....

Joe Transport Vs. Commissioner of Central Excise, Trichy

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... remaining amounts have been paid during the continuance of the adjudication proceedings. the interest amount has not been paid so far. under the circumstances, the provisions of section 73 (3) of the finance act, 1994 cannot be applied to the facts of the appellants. however, i am of the view that, in the facts and circumstances of the case, ..... the same immediately. he also prays that in case penalty is held to be imposable, there is no case for imposition of penalty under section 76 as well as under section 78 of the finance act, 1994 as the appellants had not paid the tax merely on the ground that the customers had not paid the tax to them and ..... since been paid by the appellants partly before issue of the show-cause notice and partly before conclusion of the adjudication proceedings. he states that provisions of section 73 (3) of the finance act, 1994 should have been applied in the case of the appellants and no penalty should have been imposed. as regards interest on the delayed payment, .....

Sree Lotus Exports Vs. Commissioner of Central Excise, Trichy

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... -barred, it having been filed after 683 days from the date of communication of the adjudication order. hence this appeal. 3) i find that as per section 74 of the finance act, 1994, an application for rectification can be filed within a period of two years from the date of which the order stated to have contained errors was ..... in original. 2.0 in view of the above reasons, we humbly request that the adjudicating authority may kindly pass an appropriate order under the provisions of section 74 of the finance act, 1994 by rectifying the error. 2) on 27.9.2010, the office of the asst. commissioner sent the following communication rejecting the clarification sought for by ..... show cause notice. under such circumstances, we are eligible to pay the penalty at the reduced rate of 25% of the penalty as per the provisions of section 78 of the finance act, 1994. it is a mandatory requirement to mention this option in the order in original. but, the same was not mentioned in the said order in original .....

Thirumal and Co. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : AIR1964Mad13; [1963]48ITR745(Mad)

..... of the impugned provisions.5. mr. swaminathan, learned counsel for the assessee, was at pains to point out that while section 23-a of the act taxes undistributed income of a company the finance act of 1956 indirectly taxes distributed dividends by reducing the rebate, and that the cumulative effect of these provisions places the assessee in ..... income-tax appellate tribunal, madras. before the tribunal the assessee urged that the provisions of the finance act under which the department reduced the rebate were in conflict with the provisions of section 23-a of the indian income-tax act, that while the assessee was obliged to declare a certain percentage of dividend out of its ..... total income under section 23a of the act, it lost the benefit of rebate by its reduction under clause,(b) of the second proviso of the finance act, and that therefore the full benefit of rebate ought to have been granted by the department .....

Commissioner of Wealth Tax Vs. Indian Warehousing Industries Ltd.

Court : Chennai

Reported in : (2004)188CTR(Mad)283; [2004]269ITR203(Mad)

..... that unless the building is used by the assessee as godown or warehouse for the purpose of its business, it cannot be excluded under the provisions of section 40(3) of the finance act, 19837. for the aforesaid purpose, the learned counsel appearing for the department has placed reliance upon the division bench decision of this court reported in kn ..... .3. the main question for consideration is whether the godowns let out to food corporation of india would be excluded under the provisions contained in section 40(3)(vi) of the finance act, 1983.4. section 40(3)(vi) is to the following effect:'40(3)(vi) building or land appurtenant thereto, other than building or part thereof used by ..... construction and leasing of warehouses was not liable to wealth-tax in respect of the value of the warehouses as they were exempt under the provisions of section 40(3) of the finance act, 1983?2. in order to appreciate the question of law, it is necessary to notice the facts in brief.assessee is a company. one of .....

Gda Security Private Limited and anr. Vs. the Union of India Represent ...

Court : Chennai

Reported in : 2003(89)ECC381; 2002(140)ELT332(Mad); [2003]264ITR396(Mad); 2006[2]STR542

..... market research agencies, chartered accountants, cost accountants, etc. were covered.4. the petitioners have then quoted the relevant provisions of the act and they are as under:section 65(40) of the finance act provides the definition of 'security agency' and it reads as under: 'security agency' means any commercial concern engaged in the business ..... fact or activity including services of providing security personnel;'5. the petitioners have also referred to the provisions of section 68(1) and rule 6 of the service tax rules as amended by the finance act, 1998 and the service tax amendment rules, 1998 respectively only to show the manner in which the tax ..... have been filed by various 'security and detective agencies', challenging the provisions of sections 66 and 67 of the finance act, 1994. in fact, from the prayer it appears that the challenge is to the said act generally and the abovementioned sections particularly.2. petitioners case is that they are the security and detective agencies, .....

A. Loganathan and Others Vs. A. Loganathan and Others

Court : Chennai

Reported in : [1995]214ITR202(Mad)

..... respectful agreement with the views expressed by the above division bench judgments, i need not once again repeat the same while upholding the constitutional validity of section 2(2) of the finance act, 1977. applying the ratios laid down in the above two division bench judgments, i hold that the provisions impugned in these writ petitions is well ..... by me to indicate the emphasis) 14. it is submitted that total income has been defined in the charging section of the income-tax act, 1961, and the same meaning has been given to the terms in the finance act. agricultural income has not been contemplated as an item to be included in the total income in the definition of ..... venkataswami, j.1. the common prayer in all these writ petitions is for the issue of a writ of declaration, declaring that section 2(2) of the finance act, 1977, is ultra vires and illegal. 2. though different assessees have filed these petitions, the respondents are common and arguments addressed by both sides were also .....

The Commissioner of Wealth-tax Vs. M/S. Kumudam Printers Pvt. Ltd.

Court : Chennai

..... dismissed. 4. insofar as the premises allotted to the managing director of the assessee is concerned, the claim of exemption is made under section 40(3)(iv b) of the finance act and the said section reads as follows: any building and the land appurtenant to such building used as residential accommodation by any director, manager, secretary or ..... the factory premises was leased out to m/s.lotus inks, which also carries on the manufacture of inks and therefore, in terms of the section 40(3)(vi b) of the finance act, they are entitled to exemption. these objections do not find favour with the assessing officer, who ultimately finalised the assessment, determining tax after ..... income tax appellate tribunal was right in law in exempting the property at no.20, hunters road, madras from the wealth tax, even though section 40(3)(vi b) of the finance act, 1983 states if the property used by director, manager and secretary as residential accommodation then it will not be exempt and the same will be .....

Sujatha Films P. Ltd. Vs. the Commissioner of Income Tax

Court : Chennai

Reported in : (2006)202CTR(Mad)553; [2006]284ITR503(Mad)

..... year commencing on the 1st day of april 1988, or any earlier assessment year is filed under sub-section (4) or sub-section (5) of section 139, whichever is later. the provisions of section 153 have been amended by the finance act, 1989 and as per the amended provision, the time limit is one year from the end of the ..... on the 1st day of april 1998, or any earlier assessment year, is filed under sub-section(4) or sub-section(5) of section 139, whichever is laterthe provisions of section 153 have been substituted by the finance act, 1989 and the provisions of section 153(1)(b) are applicable for the relevant assessment year. the assessing officer issued notice under ..... of the return. the tribunal had however not accepted the assessee's contention. the tribunal held that the provisions of section 153 have been substituted by the finance act 1989 and that the amended provisions of section 153(1)(b) are applicable to the assessment year 1988-89.7. the learned counsel for the assessee submitted that .....

The Commissioner of Income-tax Vs. Holiday Travels P. Ltd.

Court : Chennai

Reported in : (2003)181CTR(Mad)442; [2003]263ITR307(Mad)

..... the instalments in which the tax should be paid.4. section 115j of the act was inserted by the finance act, 1987 with effect from 1.4.1988. the section was in force from 1.4.1988 till 31.3.1991. after 1.4.1991, section 115ja was inserted by the finance ( no. 2) act, 1996 with effect from 1.4.1997. after the ..... insertion of section 115ja, section 115jb was also inserted by the finance act, 2000 with effect from 1.4.2001. it is clear from the reading of section 115ja and 115jb of the act, the question whether a company which ..... tax does not assume much importance as specific provisions have been made in the section providing that all other provisions of the act shall apply to the assessee being a company mentioned in the said section. further, suitable amendments have been made in the relevant finance act providing for the payment of advance tax in the case of a company .....