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Space Financial Services Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)165

..... expenditure was not incurred to earn dividend income.22. we have carefully considered the issue. the amendment to section 14a of the it act has been inserted by the finance act, 2006 w.e.f. 1st april, 2007 and the lower authorities were not correct in disallowing proportionate expenditure against the dividend income without establishing the nexus ..... were sent to atsil and its directors demanding full payment but in vain. thus, criminal complaint no. 323/s/1996 under section 138 r/w section 141 of the negotiable instruments act r/w. section. 420 of the ipc was filed in the court of addl. chief metropolitan magistrate, 37th court, esplanade, mumbai. the ..... arranged for'. subsequently, legal notices were issued to sfl and its directors demanding payments but in vain. finally, a criminal complaint under section 138 r/w section 141 of the negotiable instruments act was filed in the court of addl. chief metropolitan magistrate, 37th court, esplanade, mumbai and is still pending trial. 4.3 .....

Director of Income Tax Vs. Ericsson A.B.,new Delhi

Court : Delhi

..... as long as the services are utilized in india. therefore, to remove doubts regarding the source rule, an explanation was inserted below sub-section (2) of section 9 with retrospective effect from 1st june, 1976 vide finance act, 2007. the explanation sought to clarify that where income is deemed to accrue or arise in india under clauses (v), (vi) and ( ..... business or business connection in india; or (ii) the non-resident has rendered services in india.".62. we may place on record that initially the finance act, 2007 inserted an explanation at the end of section 9 to provide that "for the removal of doubts, it is hereby declared that for the purposes of this ..... vii) of sub-section (1) of section 9, such income shall be included in the total income of the non-resident, regardless of whether the non-resident .....

Mysore Construction Co. (Prop. Mycon Construction Ltd. Represented by ...

Court : Karnataka

Reported in : ILR2009KAR2657; (2009)24VST250(Karn); 2009(3)KCCRSN123; 2009(6)AIRKarR141

..... defective provision so declared by the courts or feiling due to other technical reasons; that no valid reason or intention is forthcoming before inserting section 15[5][e] of the act to the parent act by act no. 6 of 2007 and make it operative from 1.4.2006; that on the authority of law declared by the supreme court in the case of ..... state budget for the year 2006-07 and the proposal for amending the provisions of the act being as part of the finance bill and in the absence of any specific object or purpose with which the act was amended, particularly, for giving retrospective effect to the act, it should be declared that the provision if is to be taken to be operative ..... opting to get into the scheme.90. the argument on behalf of the state that the provisions of section 15[5][e] of the act is only by way of clarification and even as indicated in the budget speech of the finance minister and that it does not create an additional liability but only points to an existing liability only reveals .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... void and ultra vires the provisions of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2008. 36 in view of paragraph no.30 above, upholding the validity of section 65(105)(zzzz) and 65(90-a) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010, w.p.nos.24586 and 24588 ..... of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said ..... .p.no.8932 of 2011 is filed by the tamil nadu slum clearance board, seeking to declare the provision of sub-section 9(a) of section 65 of the finance act, as amended by the finance act, 2007, as invalid and this court is not inclined to go into the same as the said provision is intra vires of the .....

M/S. Dlf Limited and Another Vs. Competition Commission of India and O ...

Court : Competition Appellate Tribunal

..... in our opinion the reliance on the part of the appellant on the opinion by the board of revenue, which we have quoted earlier as also amendment to section 65 of finance act is irrelevant for the purposes of present issue. we therefore, endorse the finding of the cci in this behalf and reject the argument raised on behalf of the ..... not find any justification on the part of cci to look into and consider the abas, which were dated way back in 2006/2007, we do feel that the complaints about the breach of section 4 of the act could be and were rightly entertained by the cci, particularly of those impositions, which were post 20th may, 2009. 77. we ..... appellant for developing, building and constructing the apartment, could not be said to be a service. reliance was placed in this behalf on bangalore development authority vs. syndicate bank, (2007) 6 scc 711 in paragraph 20 explaining the judgment in lucknow development authority vs. m.k. gupta, (1994) 1 scc 243. 50. the cci referred to the bangalore .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... the cases of tamil nadu kalyana mandapam association case (2004) 5 scc632 association of leasing and financial services companies case (2011) 2 scc352 all india federation of tax practitioners case (2007) 7 scc527and gujarat ambuja cements limited case (2006) 3 scc1 the learned counsel submitted that the hon'ble supreme court upheld the levy of service tax under entry 97 of .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... tax payable by the assessee on the salary portion of the total income shall be the proportionate amount payable according to the rates provided in the finance act 1963. under section 2 of the finance act 1963 income tax was to be charged at the rates specified in part i of the first schedule-and super tax at the rates specified in ..... contained the rates etc. relating to the surcharge. similar state of affairs existed with regard to finance acts of 1953, 1954, 1957. section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may ..... the super tax was, however, to be increased by a surcharge for the purpose of the union and a special surcharge. it will be noticed that section 2(2) of the finance act 1964 did not contain mention of any of the surcharges. this, led to the controversy which resulted in the reference.4. before the high court the .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... to persons like the petitioners in the earlier existing valid notifications. it is therefore the submission of the learned counsel for the petitioners that section 112 of the finance act, 2000 is unconstitutional.10. one other contention urged on behalf of the petitioners is that the statutory provision also has the effect of ..... legislation by the parliament?8. the main contention urged by sri pramod kathavi learned counsel for the petitioners is that a validating legislation as section 112 of the finance act, 2000 is being described as one, is essentially legislated for the purpose of validating an earlier levy through a statute, a statute ..... could have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... 167b, as the case may be, or the rate or rates of income-tax specified in this behalf in the finance act ..... necessary for reasonably interpreting the unamended provision. the amendment effected to section 40 of the finance act, 1983, by the finance act, 1988, exempting stock-in-trade is only prospective and not ..... finance act of the relevant year, and for the purposes of computation of the "advance tax" payable under chapter xvii-c in a case falling under section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section 167b, section 115b or section 164, the rate or rates specified in section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section .....

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 .....