Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Court: karnataka Page 1 of about 1,313 results (0.094 seconds)

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... to persons like the petitioners in the earlier existing valid notifications. it is therefore the submission of the learned counsel for the petitioners that section 112 of the finance act, 2000 is unconstitutional.10. one other contention urged on behalf of the petitioners is that the statutory provision also has the effect of ..... legislation by the parliament?8. the main contention urged by sri pramod kathavi learned counsel for the petitioners is that a validating legislation as section 112 of the finance act, 2000 is being described as one, is essentially legislated for the purpose of validating an earlier levy through a statute, a statute ..... could have continued to reap the benefit of modvat credit and the petitioner therefore feeling aggrieved by this endorsement as also the provision of section 112 of the finance act, 2000, has challenged the constitutional validity of this statutory provision and for quashing the consequential endorsement and further direction for restoration of the .....

Wipro Limited Vs. The Joint Commissioner Of Income Tax

Court : Karnataka

..... time-limit in case of search based assessments. a second proviso is added to sub-section (5) of section 153 by the finance act, 2017. the said proviso states that where an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 requires verification 24 of any issue by way of submission of any document by ..... with the subjects and it must avoid any harassment to the assessee public, without causing any loss to the exchequer (see nokia corporation v. director of income-tax [2007]. 292 itr22(delhi hc); the state as constitutionally ordained, needs to conduct itself as a virtuous litigant and should meet honest claims; this view finds resonance in ..... an inbuilt idea of fairness to tax payers; this view finds expression in the decision of the apex court in acit vs. rajesh jhaveri stock brokers p. ltd. (2007) 291 itr500(sc). (iii) walton j.had observed in vestey v. inland revenue commissioners [1979]. ch 177 (197 198) i conceive it to be in the national .....

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

..... only in view of the provisions of amendment of section 115jb(1) of the finance act, 2002 which is made retrospective with effect from 1.4.2001 and as on 1.4.2001 the petitioner was not liable to pay advance tax cannot be ..... dates i.e. on 15.6.2001, 15.9.2001, 15.12.2001 and 15.3.2002 and having regard to the above finding that the provisions of section 115jb as introduced by finance act, 2000 imposed liability for payment of advance tax on the petitioner. the contention of the learned senior counsel appearing for the petitioner that liability to pay tax arose ..... be the amount of income tax at the rate seven and one-half per cent.16. it is clear from the above said provisions of the act that under the finance act, 2002 the amendment made to section 115jb(1) is as follows:for the words,'the tax payable for the relevant previous year shall be deemed to be seven and one-half .....

Controller of Estate Duty, Karnataka, Bangalore Vs. Andal Thayaramma

Court : Karnataka

Reported in : ILR1984KAR1368; [1985]151ITR197(KAR); [1985]151ITR197(Karn); 1984(2)KarLJ396

..... but, by the estate duty (amendment) act of 1958 (central act no. 33 of 1958) ('the amending act') that came into force on july 1, 1960, which governs these cases, the above section has been recast and substituted and that section with certain minor amendments made thereafter by the later finance acts that are not material to notice, reads thus ..... on the value of the property passing; for determining the rate, the principle of 'aggregation' was introduced by the finance act, 1894, s. 4 (amended by the finance act, 1900, s. 12, the finance act, 1907, s. 16 and the finance act, 1927, s. 51). thus, where several distinct estates pass on a person's death, as, for instance, ..... rate of duty is ascertained from the aggregated total. property (exclusive of certain settled property) not exceeding pound 15,000 (finance act, 1894, s. 16(3) as substituted by finance act, 1954, s. 33(1), and amended by finance act, 1972, s. 120(3) is the main exception : this exception (known as the 'small estate') grew by .....

Vasundhara A.g.k. Vs. The Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... person to the petitioners.-. 13 - nc:2023. khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 14. sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof ..... be that services are provided by the corporation.18. thus, i am of the considered opinion that the present transaction would not come within the purview of sub-section (a) of section 66d of finance act, 1994.-. 15 - nc:2023. khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 the matter would have ..... concerned department. in that view of the matter, i am of the considered opinion that the stand taken by the corporation that it is exempted from making payment under section 66d of finance act is of no avail.19. on enquiry as to the basis of legal opinion said to have issued to the corporation, sri.b.v.krishna, learned counsel for .....

Amba Prasad N H Vs. Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... person to the petitioners.-. 13 - nc:2023. khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 14. sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof ..... be that services are provided by the corporation.18. thus, i am of the considered opinion that the present transaction would not come within the purview of sub-section (a) of section 66d of finance act, 1994.-. 15 - nc:2023. khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 the matter would have ..... concerned department. in that view of the matter, i am of the considered opinion that the stand taken by the corporation that it is exempted from making payment under section 66d of finance act is of no avail.19. on enquiry as to the basis of legal opinion said to have issued to the corporation, sri.b.v.krishna, learned counsel for .....

N H Muralidhar Vs. Bruhath Bangalore Mahanagara Palike

Court : Karnataka

..... person to the petitioners.-. 13 - nc:2023. khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 14. sub-section (a) of section 66d of finance act, 1994 has been reproduced hereinabove which indicates that the services by government or local authority excluding the services under sub-clause (i) to sub- clause (iv) thereof ..... be that services are provided by the corporation.18. thus, i am of the considered opinion that the present transaction would not come within the purview of sub-section (a) of section 66d of finance act, 1994.-. 15 - nc:2023. khc:45982 wp no.44252 of 2015 c/w wp no.48639 of 2015 wp no.48640 of 2015 the matter would have ..... concerned department. in that view of the matter, i am of the considered opinion that the stand taken by the corporation that it is exempted from making payment under section 66d of finance act is of no avail.19. on enquiry as to the basis of legal opinion said to have issued to the corporation, sri.b.v.krishna, learned counsel for .....

The Mysore Chipboards Limited and ors. Vs. State of Karnataka Represen ...

Court : Karnataka

Reported in : ILR2006KAR987

..... decisions taken in the industrial policy itself. in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government order resolution, then the said notification must be held to ..... the relevant portion is as follows:coining to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in ..... supreme court, in state of bihar and ors. v. suprabhat steel limited (1999) 112 stc 258 has held that issuance of a notification under section 7 of the bihar finance act, 1981, entitles industrial units to avail of the incentives and benefits declared by the state government in its own industrial incentive policy. but in the .....

Tata Consultancy Services Vs. Union of India (Uoi) and anr.

Court : Karnataka

Reported in : [2002]111CompCas292(Kar); (2002)176CTR(Kar)480; 2001(77)ECC694; 2001(130)ELT726(Kar); ILR2001KAR5421; [2002]257ITR710(KAR); [2002]257ITR710(Karn); 2006[2]STR386; [2007]6

..... liable to either recover or deposit any tax as it is not providing a taxable service within the meaning of section 65(41) of chapter v of the finance act as amended by the finance act, 1997 and finance (no. 2) act of 1998. it was contended that service provided by a consulting engineer in relation to advice, consultancy or technical ..... was a division of tata sons limited, it did not fall within the purview of the expression 'consulting engineer' as defined in clause (13) of section 65 of the finance act, 1994. the respondents remained dissatisfied with these explanations resulting in the issue of a summons dated february 7, 1999, by which the petitioner-company was called ..... penalties for the defaults committed by the former. a declaration to the effect that the petitioner-company is not a 'consulting engineer' within the meaning of section 65 of the finance act, 1994, so as to be liable to pay tax on the 'service' provided by it has also been prayed for, besides a certiorari quashing .....

Commr. of S.T. Vs. Atria Convergence Tech. P. Ltd.

Court : Karnataka

Reported in : 2010[18]STR265

..... [appeals] dated 31-3-2006 where under the commissioner had set aside certain penalties that had been levied on the assessee by the adjudicating authority under section 78 of the finance act, 1994, on the premise that there was suppression and non-payment of duty on the part of the assessee in not paying commensurate service tax for ..... extent was demanded, the adjudicating authority thought it proper to levy penalty under section 78 of the finance act, 1994 and was of the view that penalty under section 76 of the finance act, 1994 deserves to be waived in exercise of the powers under section 80 of the finance act, 1994. as against the order levying penalty alone, the assessee appealed to ..... i] in terms of his order dated 31-3-2006 (copy at annexure-d] while thought it proper to set aside the penalty levied under section 73 of the finance act, 1994, was of the view that there was neither any suppression or deliberate misrepresentation on the part of the assessee warranting levy of penalty under .....