Judgment Search Results Home > Cases Phrase: finance act 2007 section 76 amendment of section 271 Court: chennai Page 3 of about 922 results (0.916 seconds)

Commissioner of Service Tax Vs. Lumax Samlip Industries Ltd. and Custo ...

Court : Chennai

Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)

..... suited the appellant.5. mr. t.s.sivaganam, learned standing counsel appearing for the respondents very strenuously contended that there is no provision whatsoever under section 86 of the finance act to the effect that the commissioner has to accept the order passed by the commissioner of central excise (appeals) and once it is accepted that ..... kind of review, once the order of the appellate commissioner was accepted by the commissioner concerned in accordance with the provision of the review under section 86 of the finance act, 1994. further, the cestat also found as a matter of fact, the decision taken by the appellate commissioner on 19.5.2006 for accepting ..... substantial questions of law for consideration.i) whether statutory powers of commissioner to file appeal against an order in appeal before the appellate tribunal under section 86(2a) of the finance act, 1994 can be denied for the reason that commissioner had once accepted the order in appeal ?ii) whether acceptance of order-in-appeal .....

George Oakes Private Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1966]60ITR710(Mad)

..... a further dividend to make up the deficiency for the purpose of section 23a is not complied with, a different consequence may follow. further, we do not think that section 16(2) has any bearing in interpreting the scope and application of the finance act, 1956. the act contains an inclusive definition of dividend and a dividend does not necessarily ..... assessment because of those circumstances, we are unable to accept his contention.the finance act, 1956, by its first schedule, part ii, provides for what is termed as corporation tax or super-tax at the rate of six annas and nine pies in the rupee. section d in the schedule has two provisos, the first of which says ..... declaration of dividend, the 1956 finance act should be so construed as to exclude from its purview the sum of rs. 68,750 for purposes of withdrawal of rebate. we are of the view that this contention cannot be accepted. the declaration of the further dividend was no doubt on direction under section 23a. but the declaration is .....

Commissioner of Income-tax Vs. O.G. Textiles (P.) Ltd.

Court : Chennai

Reported in : [2000]245ITR820(Mad)

..... bed sheets and towels and as such, the activity of the assessee would amount to 'processing' attracting the provision of section 2(7)(c) of the finance act, 1979. section 2(7)(c) of the finance act, 1979, makes a distinction between the manufacture and the processing of the goods. the action of the assessee in dyeing the ..... involved by the assessee and the assessee should, therefore, be regarded as an 'industrial company'. 4. the expression, 'industrial company' is defined under section 2(7)(c) of the finance act, 1979, and it reads as under : ''industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity ..... to others, the assessee should be regarded as engaged in the manufacture or processing of the goods, within the meaning of the explanation to section 2(7)(c) of the finance act, 1979. the tribunal, therefore, held that the assessee should be regarded as an industrial company engaged in the manufacturing or processing of goods. .....

M/s. Vedanta Limited Vs. Commissioner of Central Excise and Another

Court : Chennai

..... 49,32,832/- (rupees twenty five crores forty nine lacs thirty two thousand eight hundred thirty two only) on m/s sterlite industries india ltd., tuticorin, under section 78 of the finance act, 1994, for suppreessing the fact of rendering service and non-payment of service tax. ? 3.9) aggrieved by the order passed by the commissioner of central excise ..... the commission paid by it, to the underwriters, under the category "underwriters commission", for the period 2007-2008 and 2008-2010, as proposed in the show cause notices, dated 11.11.2011 and 16.5.2013, under section 73(2) of the act. 5. it was further submitted that it had also been erroneously held that, due to the ..... assessee, conducted by the internal audit party, it was noticed that, as per the annual report like balance sheet, profit and loss account etc., for the year 2007-2008, the paid up share capital had increased by 30 crores due to the allotment of 15 crores on equity shares underlying american depository shares, in the month of .....

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

Court : Chennai

..... within the domain of the union government." further, the contention of the petitioner is that no state can levy entertainment tax on services covered under section 65(15) of the finance act, 1994 and 2001, as amended from time to time in respect of the same taxable event, i.e., provision of broadcasting services just ..... or a payment facility, per se, are not legally sustainable grounds for this differentiation made by the statute. 188. in this connection, the decision reported in [2007] 9 vst 401 (p.sankara narayanan vs. state of tamil nadu) needs to be seen, wherein, this court considered the differential tax treatment between films originally ..... the subject of entertainment lacked any differentiation on the entertainment as the chargeable event for differential tax treatment, then, as pointed out in the decision reported in [2007] 7 vst 714 (sc) (aashirwad films vs. union of india), the classification becomes ex facie arbitrary. the chargeable event in each one of these classifications is .....

Commissioner of Income-tax Vs. M. Manickasundaram

Court : Chennai

Reported in : [1996]220ITR133(Mad)

..... same expression 'an unregistered firm, which has not been assessed as a registered firm under clause (b) of section 183 of the income-tax act' is used (no doubt, with a rider 'and which... agricultural income') and the whole scheme of the relevant finance act in this regard may become unworkable. therefore, such an interpretation cannot be the correct interpretation. further, while rule 5 ..... ' as defined under section 2(48) of the act since in the relevant assessment years in question, the said firm was having only agricultural income which was not liable to tax under the act and thus the said firm was completely outside the purview of the act. (here, it must also be stated that as per another provision in the relevant finance acts, the terms 'unregistered .....

Goodearth Maritime Vs. the Commissioner of Service Tax

Court : Chennai

..... the appellant and mr.v.sundareswaran, learned standing counsel appearing for the first respondent.11. the primary issue in this case is as to whether the provisions of section 66a of finance act, 1994 and rule 3 of the taxation of services (provided from outside india and received in india) rules, 2006, would be applicable in respect of payments ..... even as per the statement of revenue, the services in this case was rendered outside india and there is no element of service received in india and therefore section 66a of finance act, 1994 and rule 3 of the taxation of services (provided from outside india and received in india) rules, 2006, do not apply to the facts of ..... is ".whether the tribunal was justified in not granting waiver of pre-deposit when there is no service received in india so as to attract the provisions of section 66a of finance act, 1994 and rule 3 of the taxation of services (provided from outside india and received in india) rules, 2006".4. the appellant is engaged in the .....

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

..... the incriminating documents, believed to be available in the premises in question. accordingly, search warrants had been issued, as per section 82 of the finance act,1994, read with section 12e of the central excise act, 1944, made applicable to service tax, under section 83 of the finance act, 1994. the premises in question, which had been searched by the officers of the respondent department, are all coming ..... the scrutiny of the documents had further revealed that all these concerns have rendered taxable service to larsen and toubro private limited, either directly or indirectly. during the period, from 2007-08 to 2011-12, upto the month of february 2012, the companies had received a total payment of about 532 crores from larsen and toubro private limited, incurring the service .....

Commissioner of Wealth Tax Vs. T.N.K. Govindaraju Chetty and Co. (P) L ...

Court : Chennai

Reported in : (2004)192CTR(Mad)382

..... the decision in vamdharaja theatre case (supra), we hold that the tribunal is not correct in its view that the theatre complex of the assessee is exempt under section 40(3)(vi) of the finance act, 1983, for the asst. yr. 1988-89.4. consequently, the appeal stands allowed and the question of law framed is answered in favour of the revenue. ..... is neither retrospective nor declaratory of the law. this court in the above case has also held that cinema building owned by the assessee is not exempt under section 40(3)(vi) of the finance act prior to 1st april, 1989. we hold that the ratio laid down by this court in cwt v. varadhaiaja theatres (p) ltd (supra) would apply ..... , the tribunal is correct in law in confirming the order of the cit(a) in directing the exclusion of the value of the theatre complex as exempt under section 40(3)(vi) of the finance act, 1983 ?'3. the assessment year involved in the instant case is 1988-89 and the question is whether the assessee is entitled to exemption under .....

M/s. Sundaram Finance Limited Vs. The Deputy Commissioner of Income Ta ...

Court : Chennai

..... can be repeated successively for a period not more than 8 assessment years. 21. keeping the above in mind, if we come back to section 32-ab it could be seen that under the finance act, 1987, this section was amended. we are taking particular note of this amendment, in view of the fact that in the case on hand we are concerned ..... with the assessment year 1988-89. the explanatory note on the provisions of the finance act, 1987 contained in circular no.495 dated 22.9.1987 states that under the finance act, 1986, deduction under section 32-ab was allowed after setting off business loss if any, brought forward from earlier years and that in order to ..... in respect of the loss brought forward from the earlier years. hence, the second question of law, is even as per the plain language of section 32ab(1), as amended by finance act, 1987, has to be answered in favour of the assessee. 23. on the first question it is seen from para 4 of the order of the tribunal that .....