Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Court: chennai Page 1 of about 415 results (0.126 seconds)

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 .....

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 .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... can be entertained ?'3. the manner in which agricultural income is to be determined had been set out in the finance act in part iv. the finance act for the year 1979 in part iv, in rule 9 therein provides that where an assessee has agricultural income in the ..... granted to the assessee. allowing the assessee to claim set off of the losses determined after applying the rules of the earlier finance acts for those years against the agricultural income of the previous year relevant to the assessment year commencing on the 1st day of april ..... activities in the earlier assessment years after a computation made in accordance with the requirements of the rules provided in the relevant finance acts and that such loss had not been set off against the agricultural income of earlier years. the fact that the time at ..... j. 1. the assessment year is 1979-80. 2. despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment .....

Commissioner of Income-tax Vs. Madras Motor and General Insurance Co. ...

Court : Chennai

Reported in : [1975]99ITR243(Mad)

..... even this argument is not available to the learned counsel now in view of the deletion of the words 'received by it' by the finance act, 1968, with retrospective effect. while deleting the provisions of section 99, finance act, 1968, by section 31(3) omitted the words 'received by it' with effect from 1st april, 1962.14. we, therefore, hold that the assessee ..... ,470. in this case the assessee claimed that the entire dividend income should be exempted from levy of corporation tax by virtue of the provisions of section 99(1)(iv) read with the finance act, 1964, paragraph d, part ii. for the same reasons given for the assessment year 1963-64, the income-tax officer held that even in ..... is entitled to rebate under section 99(1)(iv) as amended by the finance act, 1964, on the entire gross amount of rs. 4,91,470.15. the assessee is also not liable for surtax on this dividend income under .....

The Commissioner of Income Tax Vs. Asoka Betelnut Co. Pvt. Ltd.

Court : Chennai

Reported in : (2003)180CTR(Mad)178

..... its low paid employees will be excluded from net wealth'.a reading of the speech of the finance minister shows that section 40 of the finance act was introduced as a tax avoidance measure and the sub section (3) of section 40 of the finance act shows that the levy of wealth tax is not confined to assets transferred to closely held companies ..... sweep all the assets whether commercial or non-commercial belonging to the closely held companies listed in sub section 3 of section 40 of finance act. 8. in as far as the items of assets mentioned in sub section 3 of section 40 of the finance act are concerned, clause (v) deals with the land other than agricultural land. clause (vi) deals ..... purposes of its business. the commercial complex owned by the assessee is not one of the excluded items mentioned in clause (vi) of sub section 3 of section 40 of the finance act. the latter part of the same clause only deals with the building let out to employees and it has no application. the submission of the .....

Arun Excello Foundations (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : LC(2007)(3)269

..... laid down various conditions and the provisions of section 80-ib amended by various finance acts as amended w.e.f. 1st april, 2000 by the finance act, 2000 and by the finance act, 2003 and as substituted by the finance (no. 2) act, 2004, the housing projects must be approved on or before 31st march, 2007 by the local authority. these provisions envisage ..... further that for the eligibility of deduction under section 80-ib(10) of profits from such housing ..... project or two thousand square feet, whichever is less.14. prior to its substitution by the finance (no. 2) act, 2004 w.e.f.1st april, 2005, sub-section (10) as amended by the finance act, 2000 w.e.f. 1st april, 2001 and finance act, 2003 w.e.f. 1st april, 2002 reads as under: (10) the amount of .....

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

..... years.8. therefore, on fact, it is clear that till the advent of the finance act, 2007, the information technology which included maintenance of computer software, had been outside the purview of business auxiliary service, especially under section 65 and the term, goods in the finance act, 2007 has included computer software under section 65(105) (zzg). however, under the impugned circular the second respondent placed reliance on ..... of maintenance of computer software prior to 2006, it is not even their case that in 2007, when the amendment was brought in the finance act, it was given retrospective effect and even the altered definition of the term, goods in the amendment of 2007 in the finance act, 1994 under section 65(105)(zzg) also was not given retrospective effect and hence, it cannot be said .....

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

..... a person would be a 'tour operator' and would come under the dragnet of the finance act under section 65(52).51. however, in our opinion, the provisions of section 65(48)(o) read with section 66(3) of the finance act are extremely relevant and under any circumstances would cover the persons like petitioners. under those provisions ..... contract carriage and can, therefore, never be terrrted as a 'tourist vehicle' and therefore the owners of such vehicles cannot be covered under the finance act and more particularly under section 66(52) thereof.22. learned counsel mr. palani, drew our attention to the apex court ruling reported in (achyut v. regional transport officer ..... these writ petitions, the contention of the petitioners is that the petitioners do not come within the mischief of the finance act, 1994 imposing the 'service tax' vide section 66 read with section 65(38) and section 65(52) and the notice itself is without jurisdiction.3. the petitioners in these petitions can be classified in .....

Cit Vs. Asoka Betelnut Co. (P) Ltd.

Court : Chennai

Reported in : [2003]127TAXMAN331(Mad)

..... its sweep all the assets whether commercial or non-commercial belonging to the closely held companies listed in sub-section 3 of section 40 of finance act.8. inasfar as the items of assets mentioned in sub-section 3 of section 40 of the finance act are concerned, clause (v) deals with the land other than agricultural land. clause (vi) deals with ..... purposes of its business. the commercial complex owned by the assessee is not one of the excluded items mentioned in clause (vi) of sub-section 3 of section 40 of the finance act. the latter part of the same clause only deals with the building let out to employees and it has no application. the submission of ..... for an earlier assessment year though rendered subsequently, took a different view holding that the same property was liable to be taxed under the provisions of section 40 of the finance act.4. the assessee is a private limited company dealing in manufacture and sale of betelnut as also managing the business of real estates, office premises .....

The Commissioner of Wealth-tax Vs. Fagun Co. P. Ltd.

Court : Chennai

Reported in : 2007(1)CTC13; (2006)205CTR(Mad)225; [2006]286ITR297(Mad); (2006)4MLJ836

..... leviable. 6. heard both the counsel. it is useful to know the background of the introduction of section 40 of the finance act of 1983. earlier, wealth-tax was leviable on companies under section 3 of the finance act. section 13 of the finance act, 1960 provided that wealth-tax is not leviable on a company with effect from april 1, 1960 ..... only certain commercial assets alone are mentioned for the purpose of exemption. it does not exempt all the commercial assets. clause (vi) of sub-section 3 of section 40 of the finance act, specifically excludes buildings or part thereof used by the assessee as factory, godown, warehouse, cinema house, hotel or office for the purposes of ..... the assessee is not entitled to exemption unless the assets come within the specified assets mentioned in the said clause (vi) of sub-section (3) of section 40 of the finance act. it is noted that parliament has clearly specified the assets which are excluded under the said clause. all the commercial assets are not exempt .....