Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Page 14 of about 13,292 results (0.314 seconds)

K. Arumugam Etc. Etc. Vs. Union Of India And Ors. Etc.

Court : Supreme Court of India

..... and does not involve any page 5 of 25 service to the state in terms of promotion or marketing under the explanation to section 65(19)(ii) of the finance act, 1994 as amended by the finance act, 2008. the tickets sold were mainly for lotteries organized by the states of kerala and sikkim as well as the government of ..... sought to levy service tax on the premise that the activity which the appellants were/are carrying on was a business auxiliary service within the definition of section 65(19) of the finance act, 1994 and therefore, chargeable to service tax. the same was resisted by these appellants by filing writ petitions before the high courts. 3.9 ..... the main provision which defines business auxiliary service and also contrary to the judgment of this court in sunrise associates and having regard to clause (50) of section 65 of the finance act, 1994. no doubt the explanation was omitted with effect from 01.07.2010. however, these cases pertain to the period prior to 01.07.2010. therefore .....

Om Prakash Sharma Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2004)83TTJ(JP.)246

..... of the years comprised in the block period, there was no surcharge. (e) it is also clear from cursory look over section 4 of it act, that the rates prescribed in finance act is applicable only for the total income of previous year. in the search cases, tax is charged on undisclosed income for the ..... is clearly mentioned in section 2 of the finance act. the part i of the first schedule of finance act, 2000 prescribes the levy of surcharge at 10 per cent on income-tax computed in accordance with section 113. but this first schedule is subject to section 2 of finance act, 2000. section 2 of the finance act provides that the rates ..... : (2003) 86 itd 93 (cal) (tm). several amendments in provisions relating to the block assessment were enacted through the finance act, 2002 and most of them were made applicable retrospectively. but amendment in section 113 was not made applicable retrospectively, which shows the intention of the lawmakers. therefore, this amendment cannot be applied for the .....

Assistant Controller of Estate Duty and ors. Vs. Prayag Dass Agarwal

Court : Supreme Court of India

Reported in : AIR1981SC1263; (1981)22CTR(SC)118; [1981]129ITR404(SC); 1981(1)SCALE786; (1981)3SCC181; [1981]3SCR576; 1981(13)LC513(SC)

..... after the former estate duty was replaced by the new tax known as capital transfer tax by the british finance act 1975 (vide section 22 of the finance act 1975). the relevant part of paragraph 17 of schedule 4 to that act reads thus :17 (1) the board may, if they think fit on the application of any person ..... of duty : -(1) real and leasehold property : -by section 56(1) of the finance (1909-10) act, 1910, as extended and amended by section 49 of the finance act, 1946 (which applies to deaths at any time) and the finance act, 1946 (which applies to deaths at any time) and the finance act, 1949, sched. xi, pt. iv the commsisioner's may, ..... the commissioners of inland revenue could accept any property under section 56 of the finance (1909-10) act 1910 in satisfaction or part satisfaction of any estate duty and amended the latter act accordingly. section 56(1) of british finance (1909-10) act, 1910 which was again amended by the british finance act of 1949 read thus :56(1) the commissioners may, .....

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

..... dependent for its leviability on the assessees liability to pay income-tax but on assessed tax.13. therefore, even without the proviso to section 113 (inserted vide finance act, 2002 with effect from 1-6-2002), finance act, 2001 was applicable to block assessment under chapter xiv-b in relation to the search initiated on 6-4-2000 and accordingly surcharge was ..... w entry 82 of list i of schedule vii to the constitution of india, 1950 (in short the constitution). that power is not traceable to section 4 of the act. every year the finance act is enacted by parliament to give effect to the financial proposals of the central government. the rate at which acharge on the total income of ..... 287 itr 160 (p&h;) and also referred to two other decisions of the madras high court in cit v. neotech company (firm) : (2007) 291 itr 27 (mad) and cit v. s. palanivel : (2007) 291 itr 33 (mad).4. learned counsel for the appellant submitted that the case at hand is squarely covered by a decision of this court in .....

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 .....

Cce Vs. Sree Nithyakalyani Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide section 117 of the finance act, 2000. later on, the finance act., 2003, made certain amendments to the service tax provisions of the finance: act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from ..... 12.5.2000 in show-cause notices dated 13.5.2002 and 14.2.2003. such demands are not effected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently the y are hit by the apex court's ruling in laghu udyog bharati (supra).(operative portion o the order was ..... services, rules had been framed by central government to recover service tax from the recipients of service. but these rules were held to be ultra vires sections 65 and 66 of the finance act, 1994 by the hon'ble supreme court in the case of laghu udyog bharati (supra). in order to get over the supreme court's ruling, .....

Commissioner of Income Tax Vs. N. C. John and Sons Ltd.

Court : Kerala

Reported in : (1996)135CTR(Ker)319

..... w.e.f. 1st april, 1978, but it is to stand deleted w.e.f. 1st april, 1980 by finance act, 1979. (1a). notwithstanding anything contained in sub-s. (1), no deduction under this section shall be allowed in relation to any expenditure incurred after the 31st day of march, 1978, unless the following conditions are fulfilled, namely :(a) the ..... india of such goods, services or facilities as may be prescribed.original explanation was renumbered as explanation 1 and a new explanation 2 was inserted by finance act, 1973 w. r. e. f. 1st april, 1968 explanation 1. - in this section, 'domestic company' shall have the meaning assigned to it in cl. (2) of 80b.explanation 2 was inserted by ..... finance act, 1973 w. r. e. f. 1st april, 1968 explanation 2. - for the purposes of sub-cl. (iii) and sub-cl. (viii) of cl. (b), expenditure incurred .....

Dheerasingha Arachchige Saroja Nisansala and Another Vs. John Laurence ...

Court : Sri Lanka Supreme Court

..... a citizen of ceylon, there shall be charged from the transferee of such property a tax of such amount as is equivalent to the value of that property.? section 59 of the finance act, which dealt with the effect of the non-payment of the tax, clearly stated that the commissioner of inland revenue, upon notification of such default by the ..... , who had attempted to evade tax, be made to pay the relevant dues to the authorities. as correctly pointed out in muniyandys case (supra) section 58(1) read with section 59 of the finance act had imposed a tax and empowered the commissioner of inland revenue to recover the tax if in default due to the non-payment, from the person/ ..... prevent the creation of such a trust in so far as the transfer of property was an evasion of section 58(1) of the finance act. the court of appeal, considering the submissions made, had held that the relevant provisions of the finance act do not impose a prohibition on the transfer of land to the class of persons to whom the .....

Court : Mumbai

..... the cestat. 39. in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of ..... doubt is raised that the service provided by the subsidiaries on site is provided outside india, but such doubt overlooks the deeming provision of section 66a of the finance act, 1994. that section not only deems the receiver of service as provider of service, but also deems that the recipient himself has provided the services in ..... press note dated 11.05.2007 are perused, then, it would be apparent that the services received by the appellants from the overseas subsidiaries will be deemed to be services provided by the appellants in india. mr.sridharan submits that the above legal fiction created under section 66a of the finance act, 1994 is not restricted .....

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

..... not less than fifty-one per cent. of such total income. 2. the question as to the exact meaning of the explanation to sub-section (7)(d) of section 2 of the finance act, 1966, came up for consideration and the board are advised that an 'industrial company' would mean - (i) a company which is mainly ..... 17, 1973) (see [1973] 88 itr 80). it reads : 'interpretation of the term 'industrial company' as given in the explanation to sub-section (7)(d) of section 2 of the finance act, 1966. '.... 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... bharat enterprises (p.) ltd. v. cit : [1983]143itr804(ap) . there the division bench was concerned with the definition of 'industrial company' contained in section 2(6)(c) of the finance act, 1969, which is in pari materia as the definition under consideration. while interpreting the said definition, the division bench observed as follows (page 811) : ' .....