Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Court: delhi Page 4 of about 1,476 results (0.270 seconds)

Commissioner of Income Tax Vs. Wimco Seedlings Ltd

Court : Delhi

..... appended at the end of the section, while the amendment brought about by finance act, 2006 which, resulted in insertion of two sub sections i.e., sub-section(2) and sub- section(3), have been inserted immediately after sub-section(1). the amended section 14a as it stood pursuant to amendment brought about by finance act, 2002 and, thereafter by finance act, 2006 reads as follows:- finance act, 2002 "expenditure incurred in relation to ..... bifurcated artificially so as to disallow expenditure, which was, purportedly incurred to earn tax free income. the third member was of the view that the introduction of section 14 a in the it act by virtue of finance act, 2001; (which was incidentally given effect to retrospectively, i.e., from 01.04.1962) did not confer on the assessing officer the authority to deem or .....

Cit Vs. Continental Device India

Court : Delhi

Reported in : (2002)177CTR(Del)212

..... two or more installments.'5. a bare reading of the provisions makes it clear that the deposit in lieu of payment of surcharge on income-tax under sub-section (6) of section 2 of the finance act, is to be made by a company or assessed at any time before the last installment of advance tax is due in its case and under sub ..... in lieu of payment of surcharge on income-tax under sub-section (8) of section 2 of the finance act, 1976 (66 of 1976), may be made by a company at any time during the financial year commencing on the 1-4-1976.(3) a deposit under ..... (3) of the scheme reads as follows :'3. deposit when to be made.(1) a deposit in lieu of payment of surcharge on income-tax under sub-section (6) of section 2 of the finance act, 1976 (66 of 1976), may be made by a company at any time before the last installment of advance tax is due in its case.(2) a deposit .....

R.K. Marble Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)(115)ECC27

..... and appeal itself is taken up for disposal.2. revenue issued show cause notice dated 5.11.2004 to the appellants on the basis of amended section 73 of the finance act, 1994 for recovery of the service tax payable by the appellant as receipt of services from goods transporter operator for the period from 16.11.1997 ..... the facts of the case that the show cause notice has been issued (as reproduced in paragraph 2 above) indicates that the demand has been issued under section 73 of the finance act, 1994. this very amendment was an issue before the tribunal in the case of l&h sugar factories (supra) wherein the tribunal has held as under: ..... of the president in the prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply accordingly. section 73 has also undergone certain amendments by finance act, 2003. after the amendment section 73 reads as follows: (a) the assistant commissioner of central excise or, as the case may be, the deputy .....

Commissioner of Service Tax Vs. Japan Airlines International Co. Ltd.

Court : Delhi

..... dated 31/28.12.2012 was reviewed, according to the revenue, by the committee of chief commissioners, as mandated under the provisions of section 86(2) of the finance act, 1994 (in short the finance act). post, the review, a decision was taken to file an appeal before the tribunal.4. broadly, the grounds articulated by the revenue, ..... taken, only by a committee of commissioners of central excise provided it has an objection to an order passed by commissioner of central excise under section 73 or section 83a of the finance act. if, the committee of commissioners, comes to such a conclusion then, it is mandated to direct the commissioner of central excise to prefer ..... 294) elt587(tri.-del); uoi vs. arviva industries (i) ltd., 2007 (209) elt5(sc); and indian oil corporation ltd. vs. cce, baroda 2006 (202) elt37(sc).10. before we proceed further, it may be relevant to extract the provisions of section 86 (2) of the finance act, under which, the committee of commissioners, is said to have exercised .....

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

..... lease of tangible or intangible property etc. it was submitted that the expression in the nature of has been clarified by way of insertion of explanation to section 92b by the finance act, 2012 with retrospective effect from 1-4-2002, but the case under consideration does not fall in any of the sub-clauses of clause (i) of ..... be adjusted to bring it at arm's length, with reference to and under the chapter x of the income tax act, 1961, and not otherwise. 25. the finance act, 2001, has substituted the existing section 92 by new section 92 and 92a to 92f. according to the above provisions, income arising from an international transaction between associated enterprises shall be ..... vs. acit [(2007) 107 itd 141 (bang.) (sb)], has clearly held that the burden to establish that international transaction was carried at arm's length price is on the tax payer. in view of the above discussion it is amply clear that sec. 92 of chapter x as brought out on the statute by the finance act, 2001, has shifted .....

Commissioner of Income-tax Vs. Singapore Airlines Ltd.

Court : Delhi

Reported in : [2009]319ITR29(Delhi); [2009]180TAXMAN128(Delhi)

..... was first brought on to the statute book by the finance (2) act, 1991 with effect from 1-10-1991. the section was amended by the finance act, 1992 with effect from 1-6-1992. the section was omitted from the statute book by the finance act, 1999 with effect from 1-4-2000. the said section 194h was reintroduced in the statute book in its present avatar ..... property in ticket passes, to the travel agent.29.4 keeping the aforesaid in mind, the appeal of the revenue in cit v. lufthansa german airways in ita no. 1269/2007 is dismissed.30. consequently, in the result the appeal is allowed in ita nos. 306/2005, 123/2006, 121/2006, 432/2006, 124/2006, 116/2006, 952/2008, ..... ctr 239(delhi) .(d) cit v. majestic hotel ltd. : [2007]293itr185(delhi) .(e) cit v. taj quebecor printing ltd. : [2006]281itr170(delhi) .(vii)(a) in this context it was submitted that at the most the assessee-airline would be liable for interest under section 201(1a) of the act which can be levied only up to the date of payment of .....

Mahesh Sunny Enterprises Pvt. Ltd. Vs. Commissioner, Service Tax Commi ...

Court : Delhi

..... use of space in an immovable property, irrespective of the transfer of possession or control of the said immovable property. 9. section 65 (105) (zzzz) of the finance act, 1994, introduced with effect from 01.06.2007, reads as follows: (zzzz) to any person, by any other person, by renting of immovable property or any other service ..... of the two agreements. it alleged that providing the car parking facility is covered under airport service as defined under section 65 (105) (zzm) of the finance act, and accordingly show cause notice was issued on 24.12.2007 by commissioner service tax, delhi demanding the service tax amounting to `1,93,55,142/- alongwith interest and also ..... . 2012 (28) str449 parking cannot be considered as a taxable service, within section 65 of the finance act, 1994. it was urged that the introduction of section 65 (98a) read with explanation 1 (c) to section 65 (105) (zzzz) with effect from 01.06.2007 clarified doubts if any, that parking was not a taxable service at all. .....

L.H. Sugar Factories Ltd. and ors. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(93)ECC224

..... tax to users and also for recovery of refund already granted consequent to the judgment of the supreme court in laghu muddying bart. provisions of section 115 of the finance act 2000 was made retrospective from 16.7.97. thus, service tax became payable on services rendered by clearing and forwarding agent with effect from 16 ..... the president in the prescribed manner on the basis of the self assessment of the service tax and the provisions of section 71 shall apply according." section 73 has also undergone certain amendments by finance act 2003.after the amendment section 73 reads as follows : (a) the assistant commissioner of central excise or, the case may be, the ..... of the appellants that no show cause notice could have been issued to them under section 73 even after the amendment brought under finance act 2000.5. as on the date of issue of the show cause notice section 73 of the finance act stood as follows : section 73 (a) the assistant commissioner of central excise or, as the case may .....

Laxmi Color Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)8STT259

..... the ground that revenue officers visited the appellants' premises and appellant were informed regarding their liability. the appellants relied upon the pro visions of section 80 of finance act, 1994 to submit that as they had applied for registration but the revenue is not responded to their request. therefore, they are not ..... we find that section 80 provides that notwithstanding anything under sections 76 and 77 of the finance act no penalty shall be imposed on the assessee ..... their liability. therefore, they are liable to penal action under sections 76 and 77 of the finance act, 1994.5. we find that appellants are only challenging the imposition of penalty under sections 76 and 77 of the finance act, 1994. provisions of these sections provide penalty failure to pay service tax and return. further, .....

Cce, Jaipur Vs. M/S. Jagdish Travels

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2001)(75)ECC852

..... the assessee proves that there (sic) reasonable cause for the said failure. in the instant case, the commissioner has not exercised his power under this section of the finance act, for want of indication to this effect in the impugned order. he has not recorded the findings that the respondents were prevented by sufficient cause in ..... ending december 1997, march 1998 and june 1998 alongwith the interest but still they could be proceeded against for imposition of penalty under section 77 of the finance act, 1994. the said section clearly mandates that the assessee shall become liable for payment of penalty on his failure to fill the returns in time at the minimum ..... directed against the impugned order in appeal dated 15.11.2000 passed by the commissioner(appeals) vide which he had set aside the penalty imposed under section 77 of the finance act, 1994 of rs.27,500/-on the appellants.3. the respondents failed to fill their quarterly returns ending quarters december 1997, march 1998 and june .....