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Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

..... is contended that an artificial liability has been created on the tenants by the finance act, 1994 which introduced the service tax. reference has been made to sub-section 90(a) which was inserted in section 65 of the finance act, 1994 by the finance act, 2007 to tax any "service provided to any person by any other person in ..... as an alternative relief. it is submitted that by virtue of section 76(a)(6)(h) of the finance act, 2010, section 65(105)(zzzz) had been amended to clarify the intent of the legislature w.e.f. 11.5.2007 and further section 77 of the finance act, 2010 validated all actions. referring to the first home solutions case ..... senior counsel, analysing the anatomy of the provisions under section 65, submitted that among the taxable services, the taxable service in sub-clause (zzzz), to which the constitutional challenge in these proceedings relates, was initially inserted by the finance act of 2007 with effect from 1st june 2007 and the taxable service was defined to mean "any .....

Dalmia Cement (Bharat) Ltd. Vs. Commissioner of Income Tax

Court : Delhi

..... characteristics of a tax as mentioned in om prakash (supra).17. we shall first examine the issue as to whether the amendment introduced by the finance act, 1988 in section 43b(a) of the said act was clarificatory in nature or not. we have already noticed the argument of the learned counsel for the revenue based on the budget speech of the ..... and cess surcharge. the second argument of mr sabharwal was that in any event, a cess was a tax and de hors the amendment introduced by the finance act, 1988, the provisions of section 43b(a) which were clearly applicable insofar as a tax was concerned would also apply to a cess. mr sabharwal placed reliance on the budget speech of ..... , itr nos. 385-388/1992 which included the reference in respect of assessment year 1984-85 was returned unanswered by a division bench of this court on 05.09.2007 inasmuch as the revenue had not filed the paper books although the matter had been pending for 15 years. therefore, we do not have the benefit of any decision .....

Commissioner of Service Tax, (Delhi) Vs. Ashu Exports Pvt. Ltd.

Court : Delhi

..... commercial training or coaching service - exemption notification no.24/2004-s.t., amended ceac212013 page 3 in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, on being satisfied that it is necessary in the public interest so to do, hereby makes the ..... notification on 27.2.2010 amending the previous notification of 10.9.2004 to the following effect: in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, on being satisfied that it is necessary in the public interest so to do, hereby ..... to contend that its institution was not covered by the section. however, the adjudicating authority confirmed the demand upon the assessee. it, therefore, approached the tribunal which relied upon its previous judgment in wigan & leigh college (india) ltd. v. joint commissioner, s.t., hyderabad, 2007 (8) tmi61(cestat).4. counsel for the revenue contends .....

The Controller of Estate Duty, Delhi Vs. Late A.T. Sahani Through L.A. ...

Court : Delhi

Reported in : ILR1969Delhi1115; [1970]78ITR508(Delhi)

..... the deceased was property of which the deceased was, at the time of her death, competent to dispose within the meaning of section 2, sub-section l(a) and section 22, sub-section 2(a) of the finance act, 1894. counsel for the appellant has admitted, and i think, rightly admitted, that the deceased was competent to dispose of ..... perhaps more accurately certain property in certain situations and is nto to be deemed to include certain property in other situations. section 5 and sections 6 to 17 like sections 1 and 2 of the u.k. finance act are however mutually exclusive. that they were mutually exclusive, was indeed the view that was held at one time and ..... 'passes on the death' might have created some difficulty of interpretation but two generations of judicial decisions have imparted to that expression as occurring in section 1 of the u. k, finance act, 1894, which imposed for the first time in england the duty called 'estate duty'. exact shades of meaning that could nto have been originally .....

Friends Overseas (P) Ltd. Vs. Dy. Cit

Court : Delhi

Reported in : (2001)73TTJ(Del)367

..... is liable to be assessed at flat rate of 60 per cent, without taking into account the surcharge as laid down in the finance acts. it has been submitted that as per special provisions of section 158ba(2)/113, tax is to be charged @ 60 per cent without any exemption or slab rates. it is further stated that ..... of surcharge applicable to various years covered by the block assessment. we find that second proviso to section 7(2) of the finance act, 1995, specifically provides that, 'the amount of income-tax computed in accordance with the provisions of section 112 or 113 shall be increased in the case of a domestic company by a surcharge as provided ..... not possible to levy the surcharge. on the other hand, learned departmental representative has invited our attention to second proviso to section 2(7) of the finance act according to which levy of surcharge on income-tax computed as per provisions of section 113 has been contemplated. it is also submitted that in view of the clear provisions of the .....

income-tax Officer Vs. Continental Construction Co. Ltd.

Court : Delhi

Reported in : [1986]15ITD753(Delhi)

..... no doubt, there has since been an amendment of the expression industrial company but it is not applicable for the assessment year 1983-84 and the mention in the finance act, 1983 was for the purpose of collection of advance tax. a company of the nature of the assessed company would become an industrial company under the revised definition. ..... in one the board had referred to the disallowance and other agreements had been approved without any condition. he referred to the speech of the finance minister while explaining the objects of section 80-o and submitted that the provision should be considered in the light of the intention with which it was introduced. it was also ..... of technical services rendered outside india. in the light of these two provision now we have to ascertain whether the case of the assessed would fall under section 80hhb or section 80-o.43. we have already extracted some parts of the contracts and the terms of agreement and from these extracts it appears that the contract .....

Commissioner of Income-tax Vs. Chemical and Metallurgical Design Co. L ...

Court : Delhi

Reported in : 2000(57)DRJ246; [2001]247ITR749(Delhi)

..... of the whole of such income' had been substituted for 'deduction from such income of an amount equal to 60 per cent, thereof' by the finance act, 1968, with effect from april 1, 1969.9. section 17 of the finance act, 1974, on which considerable emphasis was laid by learned counsel for the assessed reads as follows (see [1974] 94 itr 47 :'17. amendment of ..... the assessed submitted that though at first flush the stand of the revenue would appear attractive, in reality, it is not so. the effect of section 17 of the finance act, 1974, which brought about certain amendments to sections 80n and 80-o have not been noticed and a bare reading of the provision introduced by way of amendment makes the position clear that .....

Punj Sons (P) Ltd. Vs. Dy. Cit

Court : Delhi

Reported in : (2002)74TTJ(Del)596

..... authorised representative of the assessed submitted that the assessing officer and the learned commissioner (appeals) had not correctly appreciated the provisions of section 40 of the finance act, 1983. he added that under section 40 of the finance act, 1983, wealth-tax was livable on specific assets and not on total wealth of the assessed and, thereforee, this wealth-tax ..... to above became applicable in the present case and the wealth-tax amounting to rs, 1,55,820 paid by the assessed in pursuance to section 40 of the finance act, 1983, was admissible for deduction.9. in the above view of the matter, we direct the assessing officer to allow deduction of rs. 1,55, ..... did not accept the assessed's contention. he observed that the wealth-tax in question paid in pursuance to section 40 of the finance act, 1983 was wealth-tax and was covered by the provisions of section 40(a)(iia) of the act, and, thereforee, it was not admissible for deduction.4. aggrieved further, the assessed has come up in .....

i.T.C. Ltd. and Another Vs. Union of India and Anothers

Court : Delhi

Reported in : 1987(30)ELT321(Del)

..... assessment shall alone be taken into account. this amendment is being given effect to retrospectively from 1st october 1975.' these provisions now find place in section 47 of the finance act, 1982. 17. in view of the above retrospective amendment to the statute, the writ petitions have been amended to contend that, this amendment notwithstanding ..... arisen earlier were sough to be and were clarified by the amendment. the retrospectivity of the legislation coupled with the validating provision enacted under section 4(2) of the finance act also makes it clear that the intendment and effect is to neutralise all judicial decisions to the contrary and make the amendments fully effective ..... reinforced by requiring that 'full and complete effect' should be given to the exemption and also by the terms of clause (c) of section 47(2) of the finance act which envisages a possibility of there being refunds of excise duty on giving effect to the amendment retrospectively. he points out that these words and .....

Commissioner of Income-tax, Delhi-i Vs. Minocha Brothers P. Ltd.

Court : Delhi

Reported in : (1986)52CTR(Del)346; [1986]160ITR134(Delhi)

..... the case, the tribunal was right in holding that the assessed company was an industrial company entitled to be taxed at the concessional rates prescribed under section 2(6)(c) of the finance acts of 1971 and 1972 for the assessment years 1971-72 and 1972-73 ?' 3. the view of the tribunal has been challenged before us by ..... held that the assessed was engaged in the manufacture and processing of goods. it was accordingly held that the concessional rates of income-tax specified in section 2(6)(c) of the finance acts of 1971 and 1972 were applicable to the assessed and the chargeable rate was 55%. 2 the question referred to us in the two assessment years ..... parlance, in the context of the definition of 'industrial company' given in the finance acts of 1969 and 1970. if we look at some other definition like the definition of 'industrial undertaking' in section 80j of the income-tax act, 1961, or the equivalent section 15c of the act of 1922, we might get a different result. in the context of the .....