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Punjab Business and Supply Co. Pvt. Ltd. and anr. Vs. the Income Tax O ...

Court : Punjab and Haryana

Reported in : (1991)99PLR225

..... restospective effect.4. mr. a k. mittal, learned counsel for the respondent, on the other hand stated that the explanation inserted by finance act of 1987 to sub section (i) of section 194a simply explains the existing provisions of law and had not created any new offence and that under the merchantie accounting system the accused- ..... had committed any offence. he also relied upon explanatory notes on the provisions relating to direct taxes while introducing the finance act 1987 figuring at page 87 (1987) 168 i. t. r. in the section of statutes. mr. sibal also relied upon the decisions of toe apex court in the commissioner of income tax, madras ..... and the proceedings resulting therefrom inter alia, on the ground that before the amendment of section 194a vide finance act, 1987, which came into force on 1-6-1987, there was no provision like the present explanation to sub section (!) of this section making the crediting of any interest to any account whether called 'interest payable account' or .....

Larsen and Toubro Ltd., Mumbai Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2228

..... of the said provision the tax cannot be levied, the appellants before them were entitled to succeed. the supreme court quashed the assessment orders.18. section 21 of the bihar finance act reads as under:'21. taxable turnover.--(1) for the purpose of this part the taxable turnover of a dealer shall be that part of his ..... mean that price, upon calculation of the entire payment payable to the contractor on satisfactory completion of the contract. the 'works contract' is defined under section 2 (ww) of the binary finance act, 1981. it reads as under:'2(ww) 'works contract' means any agreement for carrying out for cash or deferred payment or other valuable consideration the ..... and penalty is not only confiscatory in its nature but is also had because no follow up legislation to section 21 (1) of the bihar finance act has been enacted nor the rules to make section 21 (1) of the bihar finance act workable have been made. according to the petitioners, the amount already paid by them towards the tax .....

Home Solution Retail India Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2009BusLR378(Del); (2009)223CTR(Del)191; 2009(164)LC297(Delhi); 2009(237)ELT209(Del); [2009]17STJ143(Delhi); 2009[14]STR433; [2009]20STT129; (2009)22VST508(Delhi)

..... india, new delhi is challenged. it is alleged that by virtue of the said notification and circular a completely erroneous interpretation is placed on section 65 (90a) and section 65 (105) (zzzz) of the finance act, 1994 as amended by the finance act, 2007. it is further alleged that because of this incorrect interpretation, service tax is sought to be levied on the renting of immovable property ..... legislature. as such, the said provisions would have to be declared as un-constitutional.4. the said notification dated 22/05/2007 is an exemption notification purportedly issued in exercise of the power conferred by sub-section (1) of section 93 of the finance act, 1994. by virtue of the said notification, the central government exempted the 'taxable service of renting of immovable property', referred .....

Commissioner of Income Tax Vs. T.V. Sundaram Iyengar and Sons

Court : Chennai

Reported in : (1998)148CTR(Mad)17

..... of the tribunal, second question of law has bee referred to us at the instance of the revenue.9. sec. 2 the finance (no. 2) act, 1977 provides the rate of income-tax and surtax, but under the proviso of s. 2 of the said finance act, it is provided that where an assessee, being a company, had made, during -the financial year commencing ..... the industrial development bank of india under the scheme in accordance with s. 2(1)(b) of the finance (no. 2) act, 1977 and becomes eligible to get the same deducted from the surcharge levied on the assessee-company. we hold that the assessee was judtified in its claim that ..... end of the financial year which ended on 31st march, 1977. thus, the assessee had satisifed the requirements of the proviso of s. 2(1)(b) of the finance (no. 2) act, 1977 and as the statutory conditions are complied with by the assessee company, the assessee is eligible to get the credit for the deposit made by the company with .....

Ms. Shanti Logistics (P) Limited Vs. the Assistant Commissioner of Inc ...

Court : Chennai

..... brought to the provisions, it is relevant to note that the appeal before this court is relating to the assessment year 2007-08. the provisions as it stood during the relevant year has to be seen.finance act, 2008 amending section 40(a)(ia) with effect from 1.4.2005section 40(a)(ia)amounts not deductible.40. "notwithstanding anything to ..... of the case, the tribunal is right in law in not considering the issue raised by the revenue in its grounds of appeal that the provisions of finance act, 2010 in section 40(a)(ia) is retrospective or not?2. whether the tribunal is right in law in holding that the additional evidence filed by the revenue is admissible ..... . in considering the claim of the assessee for the assessment year 2007-08, the commissioner of income tax (appeals) referred to the contention taken by the assessee as regards the amendment brought forth with effect from 1.4.2005 under the finance act, 2008, mitigating the rigour of section 40(a)(ia) and the circular dated 27.3.2009 that .....

Commissioner of Cen.Excise, Mumbai.iii and Another Vs. M/S. Ceat Ltd. ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... ) equal to the amount it paid towards bed on tyres, which had been initially discharged using accumulated credit under aed (gsi) available as on 1.3.2003. 6. under sec.88 of the finance act, 2004, the following explanation was introduced in rule 3(6)(b) of cenvat credit rules, 2004 effective from 1.3.03 : explanation - for the removal of doubts, it ..... was allowed use of aed(gsi) to discharge bed payable on tyres. the assessee had accumulated credit of rs. 32,78,21329/- which it utilized for payment of bed. vide sec.88 of the finance act, 2004, government restricted use of aed (gsi) for payment of bed and barred use of such aed (gsi) earned prior to 1.4.2000. vide ..... notification no.13/03 nt dated 1.3.03, government allowed utilization of aed(gsi) for payment of bed by an amendment of explanation to rule 3 of ccr. by section 88 of finance act 2004, this explanation was retrospectively amended to prohibit use of credit of aed (gsi) earned prior to 1.4.2000 for payment of bed.vide .....

M/S. Kone Elevator India Pvt. Ltd. Vs. State of T.N. and ors.

Court : Supreme Court of India

..... .e.f. 11.05.2007. it should also be noted that section 65(29), 65(39a) and 65(105) (zzd) have nothing to do with manufacture and supply which ..... .09.2004 and 16.06.2005. in fact, the learned senior counsel also referred to the definition of erection, commissioning and installation as was inserted as sub-section (39a) to section 65 by the finance act (no.2) of 2004 w.e.f. 10.09.2004. the definition of the above provisions were made w.e.f. 16.06.2005. lastly, ..... provisions under the service tax act are of no assistance to the petitioner to hold that its manufacture, supply and installation of a lift is a works contract . .85. the above conclusion is de hors the position that sub-clause (zzzza) of sub-section 105 of section 65 came to be introduced under the finance act of 2007, which came into force w .....

Tamil Nadu Cricket Association Vs. Director of Income Tax

Court : Chennai

..... as under:- ". 'charitable purpose' includes relief of the poor, education, medical relief and the advancement of any other object of general public utility.".23. section 2(15) was amended under finance act,2008, with effect form 1.4.2009 by substituting the following provision which reads s under: ".2. definitions. .... (15) ".charitable purpose". includes ..... has to pass an order in writing refusing to register the trust or institution.30. section 12aa(3) of the act inserted with effect from 01.10.2004 under the finance (no.2) act, 2004 and the amendment inserted by finance act, 2010, with effect from 01.06.2010 therein empowering the commissioner to cancel the registration ..... for profit. the phrase ".not involving the carrying on of any activity for profit". was omitted from the section by the finance act 1983, with effect from 01.04.1984, consequent on the amendment to section 11, where under profits and gains of business in the case of charitable or religious trust and institutions would .....

Commr. of C. Ex. Vs. Daylight Electronics Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... other than a professionally qualified engineer and, therefore, m/s. power gem ltd., would come within the ambit of "consulting engineer" as defined under section 65 of the finance act, 1994. this observation of the original authority is just a presumption.no tax could be levied on the basis of presumption. the above definition of "consulting ..... it could be reasonably inferred that the service contemplated under the above agreement was in the nature of a "consulting engineer's service" as defined under section 65(25) of the finance act, 1994. this submission is contested by id. counsel, who submits that, on a reading of the agreement in its totality, it would emerge ..... the present appeal of the revenue.3. ld- sdr reiterates the grounds of this appeal. referring to the observations made by id. commissioner (appeals) that section 73 of the finance act, 1994 was not invoked in the show cause notice for demanding service tax from the assessee, id. sdk points out that, though in the original show .....

Lakshmi Machine Works Vs. Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... that the main case of the appellant is that the proposal for the above levy is without sanction of law. it is submitted that, under sub-section (1) of the section 68 of the finance act, 1994, it is the provider of service who is liable to pay service tax. it is, however, conceded that any other person can be made ..... in turbo energy ltd. v.commissioner of central excise, chennai-iii . he has also relied on the decision in aravind fashions ltd. v. commissioner of service tax, bangalore 2007 (7) s.t.r. 178 (tri.-bang.).4. learned sdr has reiterated the findings contained in the impugned order.5. after giving careful consideration to the submissions, i ..... dispute in the present case. in this connection, learned consultant has relied on the decision in aditya cement v. commissioner of central excise, jaipur-ii 2007 (7) s.t.r. 153 (tri.) : 2007 (218) e.l.t. 116 (tri.) : [2007] (10) vst 13 (cestat - new delhi)] and also the decision in ispat industries ltd. v commissioner of central excise, raigad .....