Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2001)(132)ELT185TriDel
..... honourable supreme court but fairly agreed that there is no stay and there is no order regarding the retrospective effect of the amendments made in sections 116 and 117 of the finance act, 2000.3. ms. ananya ray, sdr submits that the parliament has already validated the action taken by the department and thus there is ..... amount should not have been credited to the consumer welfare fund. the commissioner of central excise (appeals) considered the matter and noted that under sections 116 and 117 of the finance act, 2000 retrospective amendments had been made and that the matter as such has been finally settled by the parliament. last para of his order is ..... provisions. moreover, the appellants have failed to place on record any decision of the hon'ble supreme court staying the aforesaid sections of the finance act, 2000. in view of the clear cut wording of section 117 validating certain action under the service tax rules with retrospective effect, the current appeals as a matter of fact have .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
..... prior to issuance of show cause notice.3. learned sdr submitted that in the show cause notices there were specific proposal to impose penalty under section 77 of the finance act. i have gone through show cause notices and i find that there was specific averment as to why penalty should not be imposed under ..... . revenue filed these appeals against the impugned orders whereby penalties imposed under section 76 of the finance act were set aside on the ground that there was no proposal in the show cause notice to impose penalties under the said section. penalty under section 76 of the finance act was set aside on the ground that amount of service tax along with ..... section 77 & 76 of the finance act. in view of this finding of the commissioner (appeals) that there was no proposal to impose penalty under section 77 of the finance act is not sustainable, hence, set aside.4. in respect of setting aside of penalties .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
..... show cause notice for the said short fall on 28.11.2007. the action of the learned adjudicating authority, not being in consonance with the provision contained in section 73(3) of finance act, 1994, this appellant had been directed to pay penalty under section 76 of the finance act, 1994. in short, preliminary argument is that when no show ..... fall and only default period penalty has been called for under section 76 of finance act, 1994. statutory mandate being to relieve an assessee falling under section 73(3) of finance act, 1994 from litigation without issuance of show cause notice, learned counsels averment is correct proposition of law. ..... cause notice was to be issued the question of penalty does not arise since adjudication is not intended by under section 73(3) of the finance act, 1994. 2. learned d.r. supports the authority below. 3. there is no dispute that the case is made for realization of short .....
Tag this Judgment!Court : Delhi
Reported in : 2001(59)DRJ99; 2001(76)ECC766
..... respondents were of the view that the petitioner had made a false declaration that it did not have any disqualification in terms of section 95 of the finance act. it is their stand that the conditions requisite for bringing in application of scheme were not present. such action is the subject matter of challenge ..... is that after acceptance of the declaration, the respondents were precluded from taking any action for nullifying the effect of the certificate of intimation under section 90(1) of the finance act read with the scheme. it is not in dispute that after making the declaration, the petitioner had in fact deposited requisite amount of duty. ..... scheme came info force with effect from 1st september, 1998. a declaration was filed by petitioner seeking benefit of the scheme. in the declaration filed under section 89 of the finance act in form no. 1b, a statement under verification, inter alia, was made to the following effect by the petitioner:-'i am not disqualified in any .....
Tag this Judgment!Court : Delhi
..... dealt with the entire issue. the concluding observations of the bombay high court are as under:.it appears that it is the first time when the act was amended and section 66a was inserted by finance act, 2006 w.e.f. 18-4-2006, the respondents got legal authority to levy service tax on the recipients of the taxable service. now, ..... 04.2006 is concerned, the learned counsel makes a statement at the bar that the petitioners have remitted the service tax on the basis of the provisions of section 66a of the finance act, 1994.4. now, coming to the issue at hand, we find that the same is no longer a debatable issue inasmuch as this court in the ..... would apply.3. in the present writ petitions, the services provided by the foreign service provider were in the nature of management consultancy services falling under section 65(105)(r) of the finance act, 1994. although the period covered in these writ petitions spill over 18.04.2006, the learned counsel appearing on behalf of the petitioners made a .....
Tag this Judgment!Court : Delhi
Reported in : [2009]19STJ364(Delhi); [2009]21STT330
..... 18 stt 67 (new delhi-cestat)(lb) came to the conclusion that since notification no. 36/2004-st dated 31-12-2004 issued under the provisions of section 68(2) of the finance act, 1994 by which the assessee as the recipient became liable to pay service tax, came into effect from 1-1-2005, the assessee was liable to pay service ..... the revenue can collect tax only upon being invested with due legal authority; an event which occurred on the insertion of section 66a in the finance act, 1994 with effect from 18-4-2006 by virtue of the finance act, 2006.4.1 we had queried the learned counsel for the revenue as to whether they had preferred an appeal against ..... by the customs, excise and service tax appellate tribunal (hereinafter referred to as 'the cestat') under section 35g of the central excise act, 1944 as made applicable to service tax appeals as per the provisions of section 83 of chapter v of the finance act, 1994.2. the assessee is aggrieved by virtue of the fact that even though it was a .....
Tag this Judgment!Court : Delhi
Reported in : 1984(2)ECC30; 1983(12)ELT24(Del)
..... by a special surcharge and additional surcharge while super-tax was increased by a surcharge and a special surcharge in the manner provided in the said act. but sub-section (2) of section 2 of finance act, 1964 did not mention any of these surcharges. the assessed there, whose total income included rs. 42,900/- under the head 'salaries' contended ..... of goods known as 'duty of excise'. 13. the duty of excise may be levied either by a separate enactment or under the finance act enacted from year to year. section 37 of the finance act, 1978 says that there shall be levied and collected a special duty of excise equal to 5% of the amount so chargeable on such ..... the mischief sought to be remedied by the legislation and the object and purpose for which the legislation was enacted. the real object and purpose of section 37 of the finance act, 1978 was to collect additional revenue by not increasing duties of excise but by the imposition of special duty. it is, thereforee, logical that the .....
Tag this Judgment!Court : Delhi
Reported in : (1985)45CTR(Del)24; ILR1984Delhi407
..... proceedings before the ito, it was claimed that it was an 'industrial company' as defined in s. 2(7)(c) of the finance act, 1973, for purposes of the first schedule thereto. section 2(7)(c) of the finance act, 1973, defines the expression 'industrial company' as under : 'industrial company means a company which is mainly engaged in the business of ..... , running of a cold storage cannot be said to be involve processing of goods stored therein. 11. the expression 'manufacture of processing of goods' as occurring in section 2(7)(c) of the finance act, 1973, also came up for consideration before the gujarat high court in the case of cit v. lakhtar cotton press co. (pvt.) ltd. : [1983]142itr503 ..... all) , the allahabad high court dealt with the case of a cold storage. it was observed that the term 'processing of goods' as used in section 2(7)(d) of the finance acts of 1966 and 1967 need not be of such a nature as to result in the manufacture of goods or manufacture of a new article. it was held .....
Tag this Judgment!Court : Delhi
..... first issue as indicated above concerns the 29. and as scope contemplated under chapter xiv b of the income-tax act. chapter xiv-b consisting of sections 158b to section 158bh was introduced by the finance act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more effective. the chapter is ..... to the point and question before us. we would simultaneously now deal with the decisions of the delhi high court in cit versus bluechip construction company (p) ltd., [2007]. 213 itr530(delhi), commissioner of income tax, delhi-vi versus ashok dua, [2009]. 177 taxman494(delhi), commissioner of income tax versus vishal aggarwal, [2006]. 283 ..... that arises in the present case, albeit it is beyond cavil that the gift must be voluntary and without consideration . asokan versus lakshmikutty and others, (2007) 13 scc210 reiterates that absence of consideration is an essential element of gift and that concept of payment of consideration in whatsoever form is unknown. therefore, .....
Tag this Judgment!Court : Delhi
..... first issue as indicated above concerns the 29. and as scope contemplated under chapter xiv b of the income-tax act. chapter xiv-b consisting of sections 158b to section 158bh was introduced by the finance act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more effective. the chapter is ..... to the point and question before us. we would simultaneously now deal with the decisions of the delhi high court in cit versus bluechip construction company (p) ltd., [2007]. 213 itr530(delhi), commissioner of income tax, delhi-vi versus ashok dua, [2009]. 177 taxman494(delhi), commissioner of income tax versus vishal aggarwal, [2006]. 283 ..... that arises in the present case, albeit it is beyond cavil that the gift must be voluntary and without consideration . asokan versus lakshmikutty and others, (2007) 13 scc210 reiterates that absence of consideration is an essential element of gift and that concept of payment of consideration in whatsoever form is unknown. therefore, .....
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