Judgment Search Results Home > Cases Phrase: finance act 2007 section 52 amendment of section 193 Court: karnataka Page 9 of about 3,625 results (0.188 seconds)

Praxair India Pvt. Ltd. Vs. Commissioner of C. Ex. and S.T.

Court : Karnataka

Reported in : 2010[18]STR257

..... quashed or set aside.11. this apart, in relation to the order of the tribunal, an appeal lies to this court in terms of section 35 of the central excise act, 1944 coupled with section 83 of the finance act.12. it is well settled proposition of law that when there is an appellate provision to appeal to this court under any statutory provisions in ..... by the commissioner in terms of order dated 15-10-2007 [copy at annexure-d] for getting over levy of tax under the provisions of the finance act, 1994.3. the writ petitioner had sought to explain the considerable delay in preferring the appeal before the tribunal, an appeal under section 86 of the finance act, 1994, by urging that the delay was attributable to the ..... orderd.v. shylendra kumar, j.1. writ petition by an assessee under the finance act, 1994, directed against the order dated 25-6-2009 [copy at annexure-g] passed in appeal no. st/496/08 by the customs, excise and service tax appellate tribunal, south .....

Commissioner of Income-tax Vs. Datacons (P.) Ltd.

Court : Karnataka

Reported in : (1985)47CTR(Kar)162; ILR1985KAR1109; [1985]155ITR66(KAR); [1985]155ITR66(Karn)

..... appellate tribunal is correct in law in treating the assessee either as a manufacturer of goods or as engaged in the processing of goods within the meaning of section 2(7)(c) of the finance (no. 2) act, 1977 ?' 2. the assessee is a company. it claimed that it was an industrial company as defined under s. 2(7)(c) of the ..... in the processing of goods and is, therefore, an industrial company. 5. industrial company was defined during the relevant assessment year under s. 2(7)(c) of the finance (no.) 2) act, 1977, to mean : ''industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or ..... the construction of ships or in the manufacture or processing of goods or in mining.' 6. the word 'processing', although not defined under s. 2(7)(c) of the finance (no. 2) act, 1977, has to be understood in its plain natural meaning. the scope of the word has been explained by the supreme court in chowgule & co. pvt. ltd. v .....

Commissioner of Central Excise Service Vs. Nithesh Estates Ltd

Court : Karnataka

..... estates ltd., 15/28 facts of the present case as the period in question is from march 2007 to march 2008. the said sub- clause(zzzh) of clause(105) of section 65 of the finance act, 1994 is also quoted below for ready reference:- section 65(105): taxable service means any [service provided or to be provided]., (a) [any person ..... to the conclusion that no substantial question of law would really arise in the present case including the question of extended period of limitation under section 73(1) of the finance act, 1994. when the levy of service tax on the respondent assessee itself is held to be illegal, the question of availability of extended period ..... 2007 to march 2008 amounted to ````38.00 crores approximately. he submitted that the said sum received from m/s. itc limited by the respondent assessee m/s. nithesh estates limited was exigible to service tax for the said period, because the said construction activity did not fall within the exclusion clause of section 65 (91a) of finance act .....

Commissioner of Central Excise, Vs. M/S. Godavari Sugrar Mills Ltd.,

Court : Karnataka Dharwad

..... cause notice so far as service tax of rs.15,36,051/-, demanding of rs.22,31,610/- along with interest at also proposed for imposition of penalty under section 76 of finance act, 1994 and rule 15(3) of cenvat credit rules, 2004, by the adjudicating authority vide order in original no.11/2006 adc dated 31.10.2006 be upheld, etc ..... ,36,051/- and rs.22,31,610/- along with interest thereon and penalty was also imposed in terms of the act and rules.4. in the appeal against the said order the commissioner of appeals by his judgment dated 27.2.2007 allowed the appeal of the assessee based on the circular issued by the board dated 3.10.2005 and on ..... , 2004, the 6 cenvat credit may be utilized for payment of service tax on any output services and rule 3(4) of the cenvat credit rules, 2004, read with section 68 of the finance act, 1994, particularly, are referred to and extracted, which read as follows: (4) the cenvat credit may be utilized for payment of- a) any duty of excise on any .....

Chamundi Granites (P.) Ltd. Vs. Dy. Commissioner of Income-tax

Court : Karnataka

Reported in : [1999]106TAXMAN364(Kar)

..... sri k.r. somashekar, s. rajashekar, s. chandrashekar to the extent of rs. 7.40 lakhs, rs. 4.70 lakhs, and rs. 40,000, respectively. section 269ss was inserted by the finance act, 1984 with effect from 1-4-1984 and was made operative from 1-7-1994. the circular dated 6-7-1984 was issued by the cwt to the ..... section 271d cannot be made.reliance is placed on [lie judgment given in the case of cit v. khataun makanji spg. & wvg. co. ltd, : [1960]40itr189(sc) , where the additional income tax charged in respect of- dividends distributed in excess of the specified thereunder claries (h) of the proviso to paragraph b of part 1 of the first schedule to the finance act ..... of madhya pradesh v. bharat heavy electricals : 1998(99)elt33(sc) .5. 1 have considered over the matter. at the time of moving the amendment in the act by the finance act, 1984, the following notes on clauses was given:'22. unaccounted cash found in the course of searches carried out by the income-tax department is often explained by .....

D.C. Shah Vs. Commissioner of Wealth-tax, Mysore

Court : Karnataka

Reported in : [1979]117ITR348(KAR); [1979]117ITR348(Karn); 1978(2)KarLJ30

..... the learned single judge of the kerala high court in the above decision that the amount paid by the declarant under s. 68 of the finance act. 1965, in respect of the income disclosed by him under that section is not income-tax, but it is an amount of a different nature altogether. we respectfully agree with the view expressed by the division ..... reason given by the learned judge is not at all in conformity with the language of s. 68 of the finance act, 1965. section 68 of the finance act, 1965, provides that where any person makes a declaration in accordance with sub-s. (2) thereof, any amount representing income which he has failed to disclose in a return of ..... that, by such a disclosure, an assessee did not incur a liability to pay any tax under the that section. in that view, the learned judge who decided the case held that the amount of tax paid under s. 68 of the finance act, 1965, was not a debt owned by the assessee on the valuation date for the purpose of determining the .....

Chamundi Granites P. Ltd. Vs. Deputy Commissioner of Income-tax and an ...

Court : Karnataka

Reported in : (1999)157CTR(Kar)128; [1999]239ITR694(KAR); [1999]239ITR694(Karn)

..... , sri k. r. somashekar, s. rajashekar, s. chan-drashekar, to the extent of rs. 7.40 lakhs, rs. 4,70 lakhs, and rs. 40,000, respectively. section 269ss was inserted by the finance act, 1984, with effect from april 1, 1984, and was made operative from july 1, 1984. the circular dated july 6, 1984, was issued by the central board of ..... pradesh v. bharat heavy electricals : 1998(99)elt33(sc) .11. i have considered -over the matter.12. at the time of moving the amendment in the income-tax act by the finance act, 1984, the following notes on clauses were given (see [1984] 146 itr 162) :'22. unaccounted cash found in the course of searches carried out by the income-tax ..... specified limit under clause (ii) of the proviso to paragraph b of part i of the first schedule to the finance act, 1951, as applied to the assessmentyear 1953-54 by the finance act, 1953, was held not a valid charge, since the finance act, 1951, did not lay down that it should be treated as a part of the total income,8. the .....

Commissioner of C. Ex. and Stc Vs. First Flight Couriers Ltd.

Court : Karnataka

Reported in : (2007)213CTR(Kar)550; 2007[8]STR225; [2008]12STT127; (2008)18VST282(Karn)

..... this appeal. the question is required to be answered in the affirmative in favour of the appellant for the following reasons:section 80 (sic - 68) sub-section (2) of the income-tax act (sic-finance act, 1994) mandates the respondent herein to pay service tax. it is an it is an undisputed fact that service tax ..... of time. therefore, the respondent was (no) liable to pay the penalty amount as imposed by the assessing authority in view of section 80 of the income-tax act (sic-finance act, 1994) and further it is contended that the second appellate tribunal after considering the rival legal contentions and referring to the decisions of ..... could not be remitted and the returns could not be submitted, respectively, to the assessing authority is the satisfactory explanation for not imposing penalty under section 76 of the finance act, 1994. therefore, it is contended that non-exercise of discretionary power by the assessing authority in accepting the tenable explanation offered by the assessee .....

Y. Venugopala Reddy Vs. Commissioner of Income Tax and anr.

Court : Karnataka

Reported in : (2003)183CTR(Kar)260

..... the last date for making a declaration under the scheme was extended from 31st dec., 1998, to 31st jan., 1999. the effect of section 88(a)(iii) of finance act is that notwithstanding anything contained in the act, the amount payable under the scheme by a declarant (other than companies and firms), who files declaration between 1st sept., 1998, and 31st ..... answer to the above question it will be profitable to notice first the relevant provisions of the scheme contained in the finance act, as also the clarification given by the cbdt. 9. the relevant portion of section 88 of the finance act relating to settlement of tax payable reads as follows : '88. subject to the provisions of this scheme, where ..... 'disputed income' when the declaration was filed by the appellant. 11. 'disputed income' in relation to an assessment year, is defined in clause (e) of section 87 of finance act as 'whole or so much of the total income as is relatable to the disputed tax.' 'disputed tax' is defined by clause (f) of .....

Mangalore Chemicals and Fertilizers Ltd. and ors. Vs. Assistant Collec ...

Court : Karnataka

Reported in : 1986(8)ECC6; 1985(5)LC2554(Karnataka); 1986(23)ELT48(Kar)

..... sides in support of their respective cases, have relied on a number of rulings. 12. sri sunderaswamy urged that the explanation added to section 4(4)(d)(ii) of the act by section 47 of the finance act, was beyond the legislative competence of the union parliament. shri bhat urged that the amending provision was within the legislative competence of the ..... we make the following orders and directions. (i) we dismiss these writ petitions insofar as they challenge the validity of the explanation to section 4(4)(d)(ii) of the act added by section 47 of the finance act of 1982. (ii) we quash the trade notice no. 58/77 (exhibit b) in w.p. no. 4766 of 1981 issued ..... by him under the relevant notification and relating to auxiliary duty read with this notification. explanation. - in this clause, 'auxiliary duty' means the duty leviable under section 36 of the finance act, 1976 (66 of 1976). 6. this notification shall come into force on the 1st day of july, 1976 and remain in force upto and inclusive of .....