Court : Supreme Court of India
..... clause shall apply to,- 24 inserted by the finance act, 2005, w.e.f. 16.06.2005. 25 substituted by the finance act, 2005, w.e.f. 16.06.2005. 26 substituted for to a client by the finance act, 2008, w.e.f. 16.05.2008. 27 inserted by the finance act, 2007, w.e.f. 01.06.2007. 17 (a) the functions performed by the ..... the recipient but come under his direction. this view is further strengthened by master circular no.96/7/2007-st, dated 23.08.2007. it was contended that post july 2012, under the negative list regime, by section 65 (44) of the finance act, 1994, the services provided by an employee to the employer in the course of employment are kept beyond ..... technocrats pvt. ltd. v. union of india19, which held that rule 5(1) of service tax (determination of value) rules, 2006 goes beyond the mandate of section 67 of the finance act, 1994 as quantification of the value of the service can never exceed the gross amount charged by the service provider for the service provided by him. this position was .....
Tag this Judgment!Court : Supreme Court of India
..... fact that the icds are inland ports or not.20) moreover, we find that the respondent has been held entitled for the benefit of section 80ia of the it act much before the finance act, 2001 which came into force on 01.04.2002 and exemption for the period of 10 years cannot be curtailed or denied by any subsequent ..... (12) of the 16 customs act, 1962, through amendment made by the finance act, 1983 with effect from 13.05.1983.22) the term inland port has been defined nowhere. but the notification that has been issued by the central board of excise & customs (cbec) dated 24.04.2007 in terms holds that considering the nature of work ..... (appeals)-vi, new delhi. learned cit (appeals), vide order dated 29.05.2007, partly allowed the appeal while rejecting the deduction claimed under section 80-ia of the it act. being aggrieved, the respondent herein further preferred ita nos. 2851 & 3680/del./2007, 2753 & 4477/del/2007 before the tribunal. the tribunal, vide order dated 27.02.2009, partly allowed .....
Tag this Judgment!Court : Delhi
..... district co-op milk producers union ltd. (2007) 9 rc 637. 7. the judgment in nhk japan to a certain extent was limited by the amendment to section 201 by substitution of section 201 (3) w.e.f. 1.4.2010 by finance act no.2/2009. this substitution was in ..... turn amended w.e.f. 1.10.2014 by finance act no.2/2014. as a result, the provision ..... which exists as on date is as follows: - 201. (3) no order shall be made under sub-section (1) deeming a person to be an assessee in default ..... . that law explained in nhk japan broadcasting corporation (supra) has not changed by the introduction of proviso to sub-section (3) to section 201 by the finance (no. 2) act, 2009. mr. shivpuri was unable to explain how the circular no.5 of 2010 issued by the cbdt is .....
Tag this Judgment!Court : Karnataka
..... the tax deducted to the credit of the central government or as the board directs. as could be seen from these provisions, prior to passing of the finance act, 2008, the provisions of section 200 mandated that the amount of tax deducted should be paid to the credit of the central government. it does not speak about the person who has not ..... year 2005-06 date of order 27.03.2008 2006-07 27.03.2008 2007-08 18.02.2008 thus, it is clear the tds officer has passed the order based on non existent law during the interregnum period between the period of finance bill becoming the finance act by the assent of the president.25. we have also noticed the circular ..... the provision would never be paid in view of the understanding between the appellant and its suppliers, corresponding reversal entries were made in the books of accounts during march 2007. it is noticed that though the amount made in the provision is treated as expenditure in the profit and loss account, was added back to arrive at the taxable .....
Tag this Judgment!Court : Delhi
..... co-op milk producers union ita nos.57, 67 &68/2015 page 3 ltd. (2007) 9 rc637 7. the judgment in nhk japan to a certain extent was limited by the amendment to section 201 by substitution of section 201 (3) w.e.f. 1.4.2010 by finance act no.2/2009. this substitution was in turn amended w.e.f. 1.10.2014 ..... by finance act no.2/2014. as a result, the provision which exists as on date is as ..... , no limitation can be imputed and that if parliament had so intended like other instances in the income tax act, a specific period would have been engrafted. he also relied upon specific amendments made to secure section 201 by virtue of finance act 2/2009 w.e.f. 1.4.2010 and the other 2/2014 w.e.f. 1.10.2014. it was .....
Tag this Judgment!Court : Mumbai
..... the income tax authorities issued a demand notice upon the said m/s. tata finance ltd. under section 156 of the income tax act which notice was received by the said m/s. tata finance ltd. on 1.4.1998. on 24.4.1998, the said m/s. tata finance ltd. filed an appeal against the order passed by the income tax authorities on 31 ..... year 1995-1996. on 12.12.2006, the assessing officer passed an order disallowing depreciation. in the year 2007, m/s. tata finance ltd. filed an appeal against the said order dated 12.12.2006. on 2.6.2007, the said m/s. tata finance ltd. filed an application for amendment of the statement of claim to bring on record the order passed ..... recorded by the learned arbitrator on this count. 28. learned senior counsel also placed reliance on the judgment dated 10.7.2007 of the division bench dismissing the appeal filed by the said m/s. asian electronic ltd. (384 of 2007) arising out of the order and judgment dated 28.11.2006. he also placed reliance on the judgment of this .....
Tag this Judgment!Court : Kerala
..... ext.p3 application for continuing the benefit granted to it by ext.p1 order, for the assessment years from 2005-2006 to 2007-2008. by that time, however, the provisions of section 10 (23-c) (via) had been amended by finance act, 2006 by adding proviso 14 therein which read as follows: w.p.(c).no.11421 of 2008 2 "provided also ..... has been filed on behalf of the respondent wherein ext.p4 order is sought to be justified by placing reliance on the 14th proviso to section 10 (23-c) (via), that was inserted by the finance act, 2006 with effect from 01.06.2006. it is further pointed out that the claim for extension of the benefit granted in earlier years, ..... as on 1st of april of the relevant assessment year. in the instant case, when it came to the assessment years 2005-2006 and 2006-2007, an amendment that was introduced through the finance act with effect from 01.06.2006 would have no application to the assessment of the petitioner for the said assessment years. the amendment would govern only .....
Tag this Judgment!Court : Delhi
..... course or furtherance of business was included as a taxable service by virtue of the finance act, 2007 w.e.f. 01.06.2007 and clause (zzzz) was introduced in sub-section 105 of section 65 of the act. the said clause as introduced by the finance act, 2007 read as under: (105) "taxable service" means any service provided or to be ..... decided in favour of the petitioner by the abovementioned order dated 03.11.2009.35. clause (zzzz) of sub-section 105 of section 65 of the act was amended by finance act, 2010 with retrospective effect from 01.06.2007 to read as under: (105) "taxable service" means any service provided or to be providedxxxx xxxx xxxx xxxx ..... airport services [sic].[recte premises]. .10. thereafter, section 65(105)(zzm) of the finance act, 1994 was amended by the finance act, 2010 with effect from 01.07.2010 and section 65(105)(zzzz) of the finance act, 1994 was also amended by the finance act, 2010 with retrospective effect from 01.06.2007. in view of the amended clause 65(105)(zzzz .....
Tag this Judgment!Court : Punjab and Haryana
..... 10.10.2008 itself states that it is being issued consequent upon recent amendments to section 2 (13) and section 12 of the said act enhancing the calculation ceiling effective from 1.4.2006. we, thus, call upon the department of expenditure, ministry of finance, to clarify the aforesaid aspect arising from the office memorandum dated 10.10.2008 qua ..... but also sought to make recovery for the payments already made in two divisions in the punjab circle for the two years in question i.e.2006-07 and 2007-08. the amount having been paid by the petitioners themselves and not based on any misrepresentation by the private respondents, in our opinion, is not recoverable in ..... the ceiling limit was increased from ` 2,500/- to ` 3,500/-, as per amending act no.45 of 2007. the said act also introduced the concept of bonus civil writ petition no.13491 of 2009 5 linked with production or productivity by amending act no.23 of 1976. thus, a concept of bonus based originally on profit alone was expanded .....
Tag this Judgment!Court : Delhi
..... 16-3-2005 meaning thereby the project was approved before the amendment inserted/ substituted by finance (no.2) act of 2004, w.e.f. 1-4-2005. prior to its substitution, sub-section (10), as amended by the finance act, 2000, w.e.f. 1-4-2001 and finance act 2003 with retrospective effect from 1-4-2002, read as under: (10) the amount ..... cent. of the aggregate built-up area of the housing project of five thousand square feet, whichever is higher. 5. the income tax officer for the assessment year 2007-08 sought to disallow the benefit claimed by the assessee on the reasoning that the completion certificate in terms of explanation (ii), had not been granted so as to ..... the fact that the project completion certification had not been issued, in the facts of this case, by the authority prescribed by explanation (ii).3. the assessment year is 2007-08. the assessee, a real estate developer, launched a project known as krishna lok in vrindavan. it obtained the approval of the project on 16.03.2005 from .....
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