Judgment Search Results Home > Cases Phrase: finance act 2007 section 8 amendment of section 12a Page 15 of about 13,292 results (0.707 seconds)

Union of India (Uoi) and ors. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Reported in : AIR1986SC1992a; 1986(10)ECC73; 1986(25)ELT849(SC); JT1986(1)SC178; 1986(2)SCALE269; (1986)4SCC66; [1986]3SCR587; 1986(2)LC646(SC)

..... 8(1), be read as granting exemption only in respect of duty of excise payable under the central excise and salt act, 1944. undoubtedly, by reason of sub-section (4) of section 32 of the finance act, 1979 and similar provision in the other finance acts, rule 8(1) would become applicable empowering the central government to grant exemption from payment of special duty of excise, but ..... , 1974 and 1st march, 1981 must be construed as duty of excise payable under the central excise and salt act, 1944. the respondents sought to combat this conclusion by relying on sub-section (4) of section 32 of the finance act, 1979-there being an identical provision in each finance act levying special duty of excise-which provided that the provisions of the central excise and salt .....

Cce, Allahabad Vesus M/S Hindalco Industries Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... 2010 -tiol 682-hc-ahm-st; 15. in view of the above position it is very clear that the demand issued in 2002 invoking provisions of section 73 of the finance act as existing at that time is not maintainable. 16. hidalco has a contention that the service involved was not service of clearing and forwarding agent because ..... latter category. 5. to overcome the defect pointed out by the apex court in the case of laghu bharati udyog (supra), the parliament made retrospective amendment by section 117 of the finance act, 2000. this amendment validated the action taken under the said rule not withstanding any judgement, decree or order of any court, tribunal or any authority. 6 ..... on 20-03-2008 during which time those amendments also had come into force. 7. after the retrospective amendment by finance act 2000, the question arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period as per rule 2 (1) (d). the .....

Shree Mulchand Co. Ltd. Vs. Commissioner or Income-tax

Court : Mumbai

Reported in : (1986)51CTR(Bom)195; [1986]162ITR764(Bom)

..... the claim of the assessee. the reference arises form the aforesaid decision of the tribunal.3. the material part of clause(c) of sub-section(6) of section 2 of the said finance act runs as follows :'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other ..... clause.5. it was submitted by miss patel, learned counsel for the assessee, that the expression 'processing' used in clause(c) of sub-section(6) of section 2 of the said finance act has a wider connotation than the term 'manufacture' and that for an activity to be considered processing, it was not necessary that the activity must ..... [1984]145itr387(cal) , the calcutta high court was called upon to consider the meaning of the term 'processing' used in the definition of 'industrial company' in section 2(7)(c) of the finance act, 1978. after analysing the decision of the supreme court in the case of chowgule & co. pvt. ltd. v. union of india : 1985ecr263(sc) , and .....

The Commissioner of Income Tax, West Bengal Ii, Calcutta Vs. Naga Hill ...

Court : Supreme Court of India

Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510

..... at in accordance with clause (i) of the second proviso to paragraph d of part ii of the first schedule to the finance act 1958 (act xi of 1958) as has not been deemed to have been taken into account, in accordance with clause (ii) of the ..... was computed at rupees 26,357/-. on that a rebate of rupees 16.114/- was allowed under the provisions of the finance act 1959. thereafter that rebate was withdrawn by the income tax officer on the ground that there was an unabsorbed reduction of rebate ..... by certificate arises from the decision of the calcutta high court in a reference under section 66(1) of the indian income-tax act 1922 (to be hereinafter referred to as the 'act'). the question referred to the high court for its opinion reads:whether, on the facts ..... from dividends in accordance with the provisions of sub-section (3-d) of section 18 of that act; and(b) is such a company as is referred to in sub-section (9) of section 23-a of the income-tax act with a total income not exceeding rs. 25,000 .....

Kerala Colour Lab. Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : (2002)174CTR(Ker)464; 2003(156)ELT17(Ker); [2003]264ITR633(Ker); 2006[2]STR554; [2007]8STT353

..... to double taxation since the materials would have already suffered a tax on account of sales tax. hence also, it is contended that section 67 of the finance act is liable to be struck down as violative of article 14.9. most of these contentions arise out of misapprehension of the nature ..... market research agencies, under writers and mechanised slaughter houses. the relevant definitions under the finance act are as under:-section 65(47): photography.- 'photography includes still photography, motion picture photography, laser photography, aerial photography and fluorescent photography'.section 65(48): photography studio or agency.- 'photography studio or agency means any professional photographer ..... by a photography studio or agency, in relation to photography, in any manner.2. service tax was introduced for the first time by the finance act, 1994 and levied on certain categories of services like stock brokers, general insurers and telephone services. it came to be extended to advertising .....

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Reported in : [1980]124ITR783(Bom)

..... to the allahabad high court, as regards the two amounts, which were subsequently disclosed under the voluntary disclosure scheme enacted and provided for by parliament under section 68 of the finance act, 1965, but which amounts were originally concealed by the assessee, the allahabad high court observed as follows (p. 904-905) :' now, admittedly, ..... power of parliament ; but the court proceeded to consider the argument observing that the concession was properly made and gave its reasons for the observation.20. section 68 of the finance act, 1965, once again came to be considered by a division bench of the allahabad high court in cwt v. b. k. sharma : [1977]110itr902 ..... and, indeed, it was observed that it had caused to the bench some anxiety before the conclusion was reached. as stated earlier, the provisions of section 68 of the finance act, 1965, have been carefully considered in the above decision and the following extract from the judgment may be usefully reproduced (p. 293):' if we .....

Commissioner of Income-tax Vs. Lokmat Mews Papers Pvt. Ltd.

Court : Mumbai

Reported in : [1995]216ITR199(Bom)

..... is placed before the specified date and that it is immaterial as to who placed the order-the assesses or its predecessor-in-interest. section 16(c) of the finance act clearly requires that the benefit of continuance of development rebate would be available only if the assesses furnishes evidence to the satisfaction of the ..... of the above contract, the machinery was purchased by it and installed in its business. according to the assesses, the expression 'assesses' appearing in section 16(c) of the finance act, 1974, includes the predecessor-in-business of the assesses. on the other hand, the contention of the revenue before the tribunal was that the assesses ..... of the assesses and, being of the opinion that the assesses-company was not entitled to development rebate in view of section 16(c) of the finance act, 1974, initiated proceedings under section 263 of the act and after hearing the assesses, passed an order directing the income-tax officer to withdraw the development rebate of rs. 1 .....

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... to highlight that there are some glaring errors in part xiv which clearly show non-application of mind.9. section 9a of the armed forces tribunal act, 2007 was introduced by section 181 of the finance act, 2017 and reads as follows:"9a. notwithstanding anything contained in this act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and terms and conditions of service of ..... non-application of mind because the armed forces tribunal act, 2007 has no provision for an appellate tribunal. in fact, section 6 of the armed forces tribunal act, 2007 itself provides the qualifications for appointment for chairperson and other members and it is not clear what was sought to be achieved by introducing section 9a by the finance act, 2017. background 10. on 26.11.1949, we, the .....

M/S.Muthoot Finance Limited Vs. Union of India

Court : Kerala

..... not a contention that was available to the petitioner in proceedings under article 226 of the constitution of india. on the issue of invoking the provisions of sections 72 and 73 of the finance act, 1994, as amended, it is pointed out that the w.p.(c).no.6173 of 2015 5 show cause notices are issued by invoking the ..... to various customers. it is also the case of the petitioner that while issuing the show cause notice in terms of section 73 of the finance act, 1994, as amended, the respondents have not first resorted to the provisions of section 72 to complete a best judgment assessment against the petitioner, and therefore, to that extent, the issuance of the show ..... power under section 73 of the finance act, 1994, and section 72 only provides for the manner in which assessment is done for the purposes of recovering the amount due as per section 73. in that view of the matter, there is no illegality in invoking the provisions .....

Delhi Chartered Accountants Society (Regd.) Vs. Union of India and ors ...

Court : Delhi

..... export of services rules, 2005; (b) the persons required to pay tax as recipients under the rules made in this regard in respect of services notified under sub-section (2) of section 68 of the finance act, 1994; (c) individuals or proprietary firms or partnership firms providing taxable services referred to in sub-clauses (g), (p), (q), (s), (t), (u), ..... firms providing taxable services referred to in sub-clauses (g), (p), (q), (s), (t), (u), (za) and (zzzzm) of clause (105) of section 65 of the finance act, 1994. rule 7 determined the point of taxation in such cases as the date of receipt of payment. the provisions have been amended both in the point of taxation ..... (za), (zzzzm) of clause (105) of section 65 of the finance act, 1994, shall be the date on which payment is received or made, as the case may be: provided that in case of services referred to in clause (a), where .....