Judgment Search Results Home > Cases Phrase: finance act 2007 section 23 amendment of section 80ac Page 3 of about 29,019 results (0.399 seconds)

M/S. Priyadarshini Educational Academy. Vs. Director General of Income ...

Court : Andhra Pradesh

..... , seeking exemption under section 10(23c)(vi) of the act for any assessment year, to be made at any time during the ..... 26.3.2008 seeking exemption under section 10(23c)(vi) of the act for the assessment year 2008-09, they could not have filed the annual accounts and balance sheet for the financial year 2007-08 since the financial year had not even ended by them, merits acceptance. prior to its amendment by finance act, 2009, the fourteenth proviso to section 10 (23c) required an application .....

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : LC(2007)(3)269

..... laid down various conditions and the provisions of section 80-ib amended by various finance acts as amended w.e.f. 1st april, 2000 by the finance act, 2000 and by the finance act, 2003 and as substituted by the finance (no. 2) act, 2004, the housing projects must be approved on or before 31st march, 2007 by the local authority. these provisions envisage ..... further that for the eligibility of deduction under section 80-ib(10) of profits from such housing ..... project or two thousand square feet, whichever is less.14. prior to its substitution by the finance (no. 2) act, 2004 w.e.f.1st april, 2005, sub-section (10) as amended by the finance act, 2000 w.e.f. 1st april, 2001 and finance act, 2003 w.e.f. 1st april, 2002 reads as under: (10) the amount of .....

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 .....

Tamil Nadu Kalyana Mandapmam Am Assn. Vs. Union of India (Uoi) and ors ...

Court : Supreme Court of India

Reported in : AIR2004SC3757; (2004)4CompLJ108(SC); 2004(3)CTC63; (2004)188CTR(SC)297; 2004(93)ECC353; 2004(167)ELT3(SC); [2004]267ITR9(SC); [2004(4)JCR66(SC)]; JT2004(4)SC568; (2004)3MLJ

..... by the government of india for the said purpose. the said tax is on the service and not on the service provider. however, under section 68 of the finance act, 1994 as amended by the finance act, 1997 read with rule 2(1)(d)(ix) of the service tax rules, 1994, the service provider (in the present case the mandapmam ..... service tax.6. to enable the government to widen its net of service tax, certain changes were sought to be made to the finance act, 1994.7. new clauses were added to section 65 of the finance act, 1994. the clauses which are relevant for the purposes of the present appeal are reproduced hereinbelow:-'(10) 'caterer' means any person ..... -keeper' means a person who allows temporary occupation of a mandapmam for consideration for organising any official, social or business function.'8. in clause (41) of section 65 of the finance act, 1994, few sub-clauses were inserted and insofar as they are relevant to this appeal, they are reproduced herein- below:-'(41) (p) 'taxable service' means .....

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)7STR673

..... since the matter was pending before the supreme court on the question of challenge against the validating provisions of sections 116 and 117 of the finance act, 2000, section 158 of the finance act, 2003 and section 71a of the act, no amount was recoverable from them. it was also contended that no interest could be recovered because the ..... respectively on 13.2.2004. they contended before the revenue that, they had challenged the constitutional validity of sections 116 and 117 of the finance act, 2000 and section 158 of the finance act, 2003 as well as section 71a of the finance act, 1994, therefore, the matter was subjudice. the hon'ble the supreme court by its decision rendered on ..... . cce, bareilly, reported in 2007(5) str 281, more particularly on paragraph 18 thereof.he submitted that the respondent-assessees who were admittedly the recipients of the service were liable to pay the tax by virtue of the proviso added to section 68(1) of the act by the finance act, 2003 with effect from 16.11 .....