Judgment Search Results Home > Cases Phrase: finance act 2007 section 122 substitution of new section for section 32f Page 3 of about 151 results (0.198 seconds)

M/s. Total Environment Building Systems Pvt Ltd. Vs. The Deputy Commis ...

Court : Supreme Court of India

..... group of appeals is, whether, service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105)(zzzza) pertaining to works contracts?.3. feeling aggrieved and dissatisfied with the impugned judgment and order dated 07. ..... in the present appeals is, whether service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105) (zzzza) pertaining to works contracts?.5. at the outset, it is required to be noted that the ..... to gather the meaning of works contract from judicial precedent in order to answer the rival submissions in the instant case. section 65(105)(zzzza) of the finance act, 1994 as amended by the finance act, 2007 which defines work contract, has been extracted as under, for ease of reference: works contract means a contract wherein, transfer .....

Principal Commissioner of Service Tax Delhi €“II Vs. Tops S ...

Court : Delhi

..... to the show cause notice dated 20.10.2009 is partially allowed only to the extent that the penalty of rs. 8,15,44,386/- imposed under section 78 of finance act, 1994 will be reduced to 25% of the said amount provided the service tax and interest are paid within 30 days from the date of communication of ..... adjudication order the availability of the option of payment of reduced penalty, is also not applicable. in other words, an adjudication order levying penalty under section 78 (1) of the finance act 1994 does not have to mandatorily spell out the option available to an assessee of payment of reduced penalty under the second proviso thereto. the failure ..... that the adjudication order itself should remind the assessee of the option available of paying a reduced penalty in terms of the second and third proviso to section 78 (1) of the finance act 1994. 25. when it comes to filing a further appeal, it is not unusual to find the covering letter accompanying the order of adjudication mentioning .....

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

Court : Gujarat

Reported in : (1981)25CTR(Guj)263

..... 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 ..... no. 83 of 1976 : 'whether, on the facts and circumstances of the case, the tribunal was justified in rejecting the assessee's claim for deduction under section (2)(a)(i) of the finance act, 1964, on account of export of cloth out of india during the accounting year ending on 31st march, 1964 ?' reference no. 84 of 1976 : 'whether ..... 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 section 2(5)(i) of the finance act, 1963.' 7. the learned judicial member agreed with the conclusions reached by the learned accountant member but on different grounds. he held that the .....

The Commissioner of Income Tax Vs. Asoka Betelnut Co. Pvt. Ltd.

Court : Chennai

Reported in : (2003)180CTR(Mad)178

..... its low paid employees will be excluded from net wealth'.a reading of the speech of the finance minister shows that section 40 of the finance act was introduced as a tax avoidance measure and the sub section (3) of section 40 of the finance act shows that the levy of wealth tax is not confined to assets transferred to closely held companies ..... sweep all the assets whether commercial or non-commercial belonging to the closely held companies listed in sub section 3 of section 40 of finance act. 8. in as far as the items of assets mentioned in sub section 3 of section 40 of the finance act are concerned, clause (v) deals with the land other than agricultural land. clause (vi) deals ..... purposes of its business. the commercial complex owned by the assessee is not one of the excluded items mentioned in clause (vi) of sub section 3 of section 40 of the finance act. the latter part of the same clause only deals with the building let out to employees and it has no application. the submission of the .....

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

..... years.8. therefore, on fact, it is clear that till the advent of the finance act, 2007, the information technology which included maintenance of computer software, had been outside the purview of business auxiliary service, especially under section 65 and the term, goods in the finance act, 2007 has included computer software under section 65(105) (zzg). however, under the impugned circular the second respondent placed reliance on ..... of maintenance of computer software prior to 2006, it is not even their case that in 2007, when the amendment was brought in the finance act, it was given retrospective effect and even the altered definition of the term, goods in the amendment of 2007 in the finance act, 1994 under section 65(105)(zzg) also was not given retrospective effect and hence, it cannot be said .....

A. H. Wheeler and Co. Private Ltd. Vs. Income-tax Officer, Allahabad.

Court : Allahabad

Reported in : [1964]51ITR92(All)

..... petition the vires of the provisions of schedule i, part ii, paragraph d of the finance acts of 1958-59 have not even been challenged. the challenge has been confined, and properly so, to the question whether the provisions of section 35 of the act could be said to be attracted in the facts and circumstances of this case. in ..... of the matter and the relevant provisions of the finance acts of 1958-59 being mandatory, the income-tax officer, under the provisions of section 35 of the act, had only done what he was obliged to do under the act. therefore, even if it could be said that the provisions of section 35 were wrongly invoked, i would not be justified ..... directed against the orders dated the 17th july, 1962, under section 35 of the income-tax act, 1922 (hereinafter referred to as the act), withdrawing the super-tax rebate under clause i (c) to the second proviso to paragraph d of part ii of the first schedule of the finance act of 1958.the material facts leading up this petition are these .....

Nava Bharat Ferro Alloys Ltd. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565

..... any person shall be punishable as an offence which would not have been so punishable if this section had not come into force.6. the argument is that the finance act, 1994 as amended by finance act, 1997, finance act, 2000 and finance act, 2003, are ultra vires on the ground that taxes on goods and passengers carried by road ..... the domain of state legislature. before going to this argument, it is necessary to reproduce the amendments that were affected to the finance act in 2003. section 68 in 2003 act reads as under:section 68 : payment of service tax.-provided that-(i) in relation to services provided by a clearing and forwarding agent, every person ..... the assent 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.in finance act of 2000, section 117 lays down:117. validation of certain action taken under service tax rules. - notwithstanding anything contained in any judgment, decree or .....

Assistant Commissioner of Income Vs. Apsara Processors (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2005)92TTJ(Ahd.)645

..... union of india (supra) and j.k. synthetics ltd. v.asstt. cit (1993) 200 itr 584 (del). after the above decisions, the legislature by finance act, 1993 amended section 143(1a) with retrospective effect from 1st april, 1989 and specifically provided for levy of additional tax where the loss declared by such persons in the return of ..... have been chargeable on the amount of the adjustments as if it had been the total income of such person." 27. thus, the legislature vide finance act, 1993, has amended section 143(1a) with retrospective effect from 1st april, 1989 for providing the levy of additional tax where the loss is reduced. however, no such ..... is loss. therefore, the subsequent amendment cannot fasten the liability of penalty upon the assessees unless the legislature expressly provided for the same. as the finance act, 2002 made the amendment in section 271(1)(c) w.e.f. 1st april, 2003, it cannot be said that the amendment was clarificatory and, therefore, retrospective in operation .....

Magus Construction Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Guwahati

..... provided or to be provided to any person, by a commercial concern, in relation to construction service 18. prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new building or ..... other similar services ; or(c) repair, alteration, renovation or restoration of, or similar services in relation to, residential complex.20. by the finance act, 2005, clause (zzq) of section 65(105) of the finance act, 1994, was amended on june 16, 2005. with the amendment, so made, clause (zzq) reads as under:(zzq) to any person, ..... the petitioner-company to the prospective allottees. similar view has been taken by the allahabad high court in assotech realty private limited v. state of uttar pradesh [2007] 8 vst 738, wherein the court has held as under (at page 759):.in the present case, we find that the petitioner is constructing the flats .....

Chhotabhai Jethabhai Patel and Co. Vs. Commissioner of Income-tax, Guj ...

Court : Gujarat

Reported in : (1981)22CTR(Guj)173; [1982]134ITR201(Guj)

..... another angle from which the question can be looked at and it is this. under the finance act of 1965, clause 68, provision was made for voluntary disclosure of income and under sub-s. (6), clause (a), 'any amount declared by any person under this section in respect of which the tax referred to in sub-s. (3) is paid shall ..... 1954-55 to 1964-65. at several places, as we have shown by underlining from the quotation from the statement annexed to the declaration under clause 68 of the finance act of 1965, the assessee made it very clear and specified that the amount of rs. 41.50 lakhs was inclusive of interest on hundi loans. the assessee wrote ..... concerned. then a regular voluntary disclosure petition was made on may 31, 1965, addressed to the commissioner and this was considered as an application under s. 68 of the finance act of 1965 declaring rs. 41.50 lakhs as the amount together with interest. this declaration was accepted by the commissioner and he gave a certificate dated november 25, 1965 .....