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Judgment Search Results Home > Cases Phrase: finance act 2007 section 27 amendment of section 80e Court: andhra pradesh Page 1 of about 128 results (0.545 seconds)

Aug 09 2005 (HC)

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... in relation to the business auxiliary services of provision of service on behalf of the client, from the whole of the service tax leviable thereon, under section 66 of the finance act, which is received by the service provided prior to 10-9-2004. this notification has neither been referred to in the show cause notice issued ..... since the activity carried on by the petitioner of 'registrar and transfer agency' falls within the purview of 'any incidental or auxiliary support service' under section 65(19) of the finance act, 2003, the said business auxiliary services rendered by the petitioner during the period 1-7-2003 to 31-1-2004 would bring them within the service ..... by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support .....

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Jan 27 2005 (HC)

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 .....

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Feb 13 1995 (HC)

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... not less than fifty-one per cent. of such total income. 2. the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly ..... 17, 1973) (see [1973] 88 itr 80). it reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... bharat enterprises (p.) ltd. v. cit : [1983]143itr804(ap) . there the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. while interpreting the said definition, the division bench observed as follows (page 811) : ' .....

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Aug 08 2005 (HC)

Karvy Consultants Ltd. Vs. Asstt. Commr. of Cus. and C. Ex.

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... defined to mean any service including any service, provided to a customer by a non-banking financial company, in relation to banking and other financial services. section 65(11) of finance act, 2001 defined 'banking and other financial service' to mean :(a) the following services provided by a banking company or a financial institution including a non- ..... india, 1934, and as a result it was not required to return any part of its turnover to service tax for the relevant financial year.5. section 65(90) of finance act, 2001 defines 'taxable service' to mean :any service provided to a customer by a banking company or a financial institution including a non-banking financial ..... banking institution that, by itself, would not bring it within the definition of a 'non-banking financial company' under section 65(73) of the finance act read with section 45-i(f)(ii) of the reserve bank of india act. it is only if, in addition thereto, it is established that the petitioner has, as its principal business, .....

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Jul 14 2008 (HC)

The Andhra Pradesh Federation of Chit Funds, a Public Society Rep. by ...

Court : Andhra Pradesh

Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)

..... is as to whether the petitioners' business i.e., chit fund fall within the mischief of expression 'cash management', as amended under sub section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents is valid?10. at the outset, for convenience sake, instead of referring to all ..... senior counsel appearing on behalf of the petitioner mainly contended that merely because of deletion of certain expressions under the aforesaid sub clause (12) of section 65 of the finance act, 2007, the nature of business done by the petitioner cannot be roped in, as long as the levy is not made specifically in respect of ..... business of chit funds is to mobilize cash from the subscribers and therefore falls under cash management. under the finance act, 2007, which came into effect from 1.6.2007, the sub-clause 5 of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management'. accordingly, the .....

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Jul 14 2008 (HC)

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : 2009[13]STR350

..... is as to whether the petitioners' business i.e., chit fund fall within the mischief of expression 'cash management', as amended under sub-section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents is valid?9. at the outset, for convenience sake, instead of referring to all ..... senior counsel appearing on behalf of the petitioner mainly contended that merely because of deletion of certain expressions under the aforesaid sub-clause (12) of section 65 of the finance act, 2007, the nature of business done by the petitioner cannot be roped in, as long as the levy is not made specifically in respect of ..... business of chit funds is to mobilize cash from the subscribers and therefore falls under cash management. under the finance act, 2007, which came into effect from 1-6-2007, the sub-clause (5) of section 65(12) of finance act, 1994 was amended with the deletion of the expression 'it does not include cash management'. accordingly, the .....

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Jan 30 2013 (TRI)

Dandu Krishna Murthy Raju Vs. the Branch Manager of Max Newyork Life I ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... service tax. opposite party contended that by charging service tax, they neither violated the terms of the contract, nor the law. as per section 83 of the finance act,1994 read with section 12b of the central excise act, 1944, the incidence of service tax falls on the recipient of the services i.e. customer. clause 19 of the terms and conditions ..... for the opposite party to revive the policy if the complainant opts for it. coming to the second ground urged by the complainant in the appeal, under section 66 of finance act, the service tax at the rates applicable will have to be collected by the person rendering service from the person or customer, in whose favour, such service ..... for collecting the tax but fails to collect such tax is also liable to pay penalty equal to the tax, apart from interest there on, as per section 76 of the finance act. in view of the above provisions of law, the liability to pay service tax is on the complainant and the opposite party being a service provider .....

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Apr 27 2001 (HC)

K. Venkata Reddy Vs. Commissioner of Income Tax, A.P.ii, Hyd. and Anot ...

Court : Andhra Pradesh

Reported in : 2001(4)ALD51; 2001(4)ALT160

..... . now the dispute is whether the said presentation of the cheque on 27-3-1999 would amounts to the payment of tax within the time prescribed under section 90(2) of the finance act, 1998. it is not in dispute that the amount was realised only on 12-4-1999. the contention of the petitioner is that the challan was ..... with the cheque. therefore, the payment of tax was within the period prescribed and the petitioner was entitled for the grant of certificate under the provisions of section 68(2) of the finance act. the gujarat high court also referred to and relied upon the judgment of the apex court in ogale glass works ltd (supra).for the department, however, ..... filing the declaration. the petitioner contended that though the tax payable under the scheme was paid on 30-3-1998, he was not granted a certificate under section 68(2) of the finance act, 1997. in the writ petition, the petitioner contended that the certificate was not granted to him on the ground that the tax was paid on 91st day .....

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Apr 27 2001 (HC)

K. Venkata Reddy Vs. Cit and anr.

Court : Andhra Pradesh

Reported in : (2001)169CTR(AP)41; [2001]250ITR147(AP)

..... with the che ue. therefore, the payment of tax was within the period prescribed and the petitioner was entitled for the grant of certificate under the provisions of section 68(2) of the finance act. the gujarat high court also referred to and relied upon the judgment of the apex court in ogale glass works ltd.'s case (supra). for the department, ..... and the tax paid on 30-3-1998, according to him, was within the period. it was held by the gujarat high court that the language of section 67(1) of the finance act is very clear that the declarant has to make payment of tax within three months from the date of filing of the declaration and the department could not ..... of filing the declaration. the petitioner contended that though the tax payable under the scheme was paid on 30-3-1998, he was not granted a certificate under section 68(2) of the finance act, 1997. in the writ petition, the petitioner contended that the certificate was not granted to him on the ground that the tax was paid on the 91st .....

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Feb 26 1991 (HC)

Techno Pack Ltd. Vs. Assistant Collector of Central Excise

Court : Andhra Pradesh

Reported in : 1991(1)ALT542; 1991(33)ECC130; 1991(55)ELT158(AP)

..... of the finance act, 1982 (14 of 1982). on ..... said act, and the special duties of excise leviable under - (a) sub-section (1) of section 37 of the finance act, 1978 (19 of 1978); (b) sub-section (1) of section 32 of the finance act, 1979 (21 of 1979); (c) sub-section (1) of section 5 of the finance act, 1980 (13 of 1980); (d) sub-section (1) of section 49 (1) of the finance act, 1981 (16 of 1981); and (e) sub-section (1) of section 50 .....

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