Judgment Search Results Home > Cases Phrase: finance act 2007 section 127 amendment of section 32n Court: mumbai Page 10 of about 508 results (2.939 seconds)

New Ways Advertising Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... back to the ld. commissioner (appeals) to reconsider the pleas of appellant as regards correct quantification of penalty and also to consider the provisions of section 80 of the finance act, 1994. the ld. commissioner (appeals) will grant an opportunity of personal hearing to the appellant before reaching a conclusion. the appeal is disposed ..... ld. consultant that the lower authority has not considered in right perspective the appellant's contention that provisions of section 80 of the finance act, are invocable in this case and that provisions of section 76 mandates the penalty to be imposed equivalent to the amount of service tax the appellant "failed to pay". ..... is directed against order-in-appeal dt. 23-12-04, which upheld the order-in-original that imposed penalty on the appellants under section 76 and 77 of the finance act.2. the relevant fact that arises for consideration the appellants are holders of service tax registration certificate and are rendering services as 'advertising .....

The Commissioner of Central Vs. Montage Securities Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)7STR393

..... have been set aside. it is his submission that the ld. commissioner (appeals) has not given any reasoning to set aside the penalties imposed under section 78 of the finance act, 1994.4. the ld. advocate appearing on behalf of the respondent submits that the order of the ld. commissioner (appeals) in so far ..... company they could not comply with the statutory requirement of filing the return. the adjudicating authority confirmed the demand and also imposed penalties under section 76, 77 and 78 of the finance act, 1994 besides, directed the respondent to pay interest.aggrieved by the said order, the respondent filed an appeal before the ld. commissioner ( ..... to the extend of confirmation of demand, interest, and penalties under section 76 and 77 of the finance act, 1994 but set aside the penalties imposed under section 78.the revenue is in appeal against such setting aside penalty under section 78 of the finance act, 1994. the respondents have filed a cross objection against the confirmation .....

Commissioner of Central Excise Pune-ii Vs. M/S. I.J. Mathu Foods Pvt. ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... are engaged in production of ready-to eat-meals and clearing the same export under bond. the respondents were registered as deemed service provider under section 68(2) of the finance act, 1994 under the category of business auxiliary service. a show cause was issued demanding service tax interest and penalty on the ground that the respondents ..... on behalf of the respondent submits that the recipient of overseas service not liable to pay service tax for period prior to 18.4.2006 before insertion of section 66a of the finance act, 1994. to support this contention he placed reliance on pashupati spg.andwvg. mills ltd. vs. commr. of c. ex. chandigarh reported in 2009 (15 ..... commissioner of central excise, bhopal reported in 2009 (14) s.t.r. 184 (tri.-del.). the tribunal has held that in view of insertion of section 66a of the finance act, 1994, offshore services cannot be subjected to service tax prior o 18.4. 2006. the tribunal considered the board circular on the issue and extract of the .....

Commissioner of Income-tax, Bombay City Vs. Jalgaon Electric Supply Co ...

Court : Mumbai

Reported in : (1956)58BOMLR42; [1955]28ITR826(Bom)

..... imposed upon the company. 3. when we turn to clause (ii) of the proviso to paragraph b of the first schedule to the finance act of 1951, which deals with this additional income-tax, which, as we pointed out in the last references (i.t.r. no. ..... ,084 and in 1950-51 rs. 56,326 : and therefore according to the computation under the proviso to part b of the finance act there was a declaration of excess dividend to the extent of rs. 45,600 in the case of the assessment year 1949-50 ..... validity this argument may have is destroyed when we turn to the mode of computing this additional tax as laid down in the act itself; and the mode is that for the purposes of clause (ii) of the above proviso, the aggregate amount of income-tax ..... what the company really did was that instead of taking these amounts to depreciation which was a permissible deduction under the income-tax act, it distributed the profits as dividends. the other important and significant fact is that neither of these two amounts of rs. 45, .....

Commissioner of Income-tax, Bombay City-ii Vs. Neo Pharma Private Ltd.

Court : Mumbai

Reported in : (1982)28CTR(Bom)223; [1982]137ITR879(Bom); [1982]10TAXMAN218(Bom)

..... activities included in its total income for the previous year is not less than fifty-one per cent. of such total income.'3. definitions in the other relevant finance acts are in pari materia with this definition. the additional commissioner of income-tax by his consolidated order dated december 11, 1970, in respect of the aforesaid assessment ..... ) whether, on the facts and in the circumstances of the case, the assessee-company is a manufacturing company, entitled to rebate at higher rates under the relevant finance acts ?(2) whether, on the facts and in the circumstances of the case, the business of the assessee consisted mainly in the manufacture or processing of goods for ..... the purpose of section 104 of the income-tax act, 1961 ?'4. at the outset, we may point out that mr. butani, the learned counsel for the commissioner, did not dispute that the .....

Metal Rolling Works Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1982)31CTR(Bom)116; [1983]142ITR170(Bom)

..... , the assessee claimed that, in any event, the said amounts constituted export profit eligible for rebate of tax under the aforesaid section of the finance act, 1966, for the assessment year 1966-67, and the aforesaid section of the finance act, 1967, for the assessment year 1967-68. the ito rejected all these contentions of the assessee and included the aforesaid amounts ..... year 1967-68, were the income receipts and were not of a casual or non-recurring nature. the assessee's claim for rebate under the aforesaid sections of the respective finance acts was also rejected by the tribunal. it is from this decision of the tribunal that the aforesaid questions have been referred to us.3. we propose ..... to appropriate relief on rs. 99,021 for the assessment year 1966-67, under section 2(5)(a)(i) or (ii) of the finance act, 1966, and rs. 1,71,982 for the assessment year 1967-68, under section 2(4)(a)(i) or (ii) of the finance act, 1967 ' 2. the facts giving rise to the reference are as follows i .....

Commissioner of Income-tax Vs. Godfrey Philips India Limited

Court : Mumbai

Reported in : (1986)52CTR(Bom)32; [1986]161ITR684(Bom); [1986]25TAXMAN29(Bom)

..... revenue under section 256(1) of the income-tax act, 1961, reads thus :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the interim dividend of rs. 7,50,000 should not be taken into account for the purpose of levying tax at the rate of 7.5 per cent. under the finance act, 1968 ..... or after january 10, 1968.5. the income-tax officer applied the provisions contained in sub-clause (b) of part i of paragraph f of the first schedule to the finance act, 1968, and calculated the total dividend declared during the relevant previous year to be rs. 15,50,000 and charged additional tax at the rate of 7.5 per cent ..... it could not be clubbed with the final dividend for the purpose of applying the aforestated provisions.7. the relevant portion of paragraph f of the first schedule to the finance act, 1968, reads thus :'paragraph fin the case of a company, other than the life insurance corporation of india established under the life insurance corporation .....

Standard Mills Co. Ltd. Vs. Commissioner of Income-tax, Bombay City I

Court : Mumbai

Reported in : [1963]49ITR218(Bom)

..... of the expression 'any premium received in cash by the company on the issue of its shares' in the explanation to paragraph d of part ii of the indian finance act, 1956. 2. the question arises in the following manner : the standard mills company limited, bombay (hereafter referred to as the standard mills) is a public company ..... which the court had to consider therefore, was whether the excess received was premium whether in cash or otherwise within the meaning of the provision of section 56 of the companies act. it was contended before the court on behalf of the shareholder, that the transaction of the nature that had taken place in the amalgamation could not ..... conclusion that the excess was premium otherwise received by the company, and therefore, was liable to be set apart in the share premium account under the provisions of section 56. the case no doubt helps mr. kaka for his submission that the word 'premium' may include any excess which the company has received over the nominal .....

Commissioner of Income-tax Vs. Swadeshi Mills Co. Ltd.

Court : Mumbai

Reported in : [1995]215ITR229(Bom)

..... clear that the amount of profits and gains derived from exports with reference to which deduction of tax is admissible under clause (i) of sub-section (5) of section 2 of the finance act, 1963 (referred to as the 'qualifying income'), has to be computed in accordance with the provisions contains contained therein. in that view of the ..... on the computation of profits and gains derived by the assessee from the exports for the purpose of allowability of deduction of tax admissible under section 2(5)(i) of the finance act, 1963. the income-tax officer was, therefore, bound to compute the amount of profits and gains derived from such exports strictly in accordance ..... commissioner and dismissed the appeal of the revenue. while doing so, the tribunal observed that the assessee was entitled to export profit rebate as provided in section 2(5)(i) of the finance act, 1963, on export profits determined in the manner laid down in rule 2(3) of the income-tax (determination of export profits) rules, .....

Hindustan Petroleum Corporation Ltd. Vs. Commissioner of Income-tax, B ...

Court : Mumbai

Reported in : (1982)30CTR(Bom)254; [1983]143ITR318(Bom); [1982]11TAXMAN79(Bom)

..... position before the tribunal that the amounts of profits and gains derived from exports by the assessee, with reference to which a deduction of tax was admissible under the said finance act, had to be calculated in accordance with the provisions of sub-r. (3) of r. 2 of the said rules, as such profits and gains could not be ..... of the income-tax (determination of export profits) rules, 1962 (referred to hereinafter as 'the said rules') :5. the relevant portion of s. 2(5) of the said finance act reads as follows :'in respect of any assessment for the assessment year commencing on the day of april 1, 1963, - (i) an assessee being an indian company or any other ..... referred to us :'whether, on the facts and in the circumstances of the case, in ascertaining the amount of 'qualifying income' for relief u/s. 2(5) of the finance act, 1963, read with rule 2(3) of the income-tax (determination of export profits) rules, 1962, the entire excise duty payable and paid by the assessee during the assessment .....