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Bhoruka Aluminium Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... ) as a sequel, it is prayed that the said impugned order would deserve to be set aside, particularly in relation to imposition of penalty under section 78 of the finance act thereto.5. the learned departmental representative reiterated the impugned order.6. on a very careful consideration of the entire issue, we find that the contention ..... fact, revenue authorities proceeded against the appellants. the lower authority apart from confirming the demands imposed a penalty of rs. 2,80,000/- under section 78 of the finance act. the appellants strongly challenged the imposition of the penalty.the commissioner (a) has also upheld the order of the lower authority holding that there was ..... circular lr. dated 3.10.2007 cited supra by the learned advocate. in any case, the appellant was also having a bonafide doubt in the activity being subject to levy of service tax. in our opinion, this is a reasonable cause for not imposing penalty under section 78 of the finance act. in these circumstances the .....

George Oakes Private Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Reported in : [1966]60ITR710(Mad)

..... a further dividend to make up the deficiency for the purpose of section 23a is not complied with, a different consequence may follow. further, we do not think that section 16(2) has any bearing in interpreting the scope and application of the finance act, 1956. the act contains an inclusive definition of dividend and a dividend does not necessarily ..... assessment because of those circumstances, we are unable to accept his contention.the finance act, 1956, by its first schedule, part ii, provides for what is termed as corporation tax or super-tax at the rate of six annas and nine pies in the rupee. section d in the schedule has two provisos, the first of which says ..... declaration of dividend, the 1956 finance act should be so construed as to exclude from its purview the sum of rs. 68,750 for purposes of withdrawal of rebate. we are of the view that this contention cannot be accepted. the declaration of the further dividend was no doubt on direction under section 23a. but the declaration is .....

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 .....

Gilbs Computer Limited (Formerly Gold Fish Computers P. Ltd.) Under Co ...

Court : Mumbai

Reported in : (2009)226CTR(Bom)19; [2009]317ITR159(Bom); [2009]184TAXMAN342(Bom)

..... filing of a large number of unnecessary appeals thus slowing down the disposal of the appeals and, hence, it was decided to enhance the limit.section 253(6) was once again amended by the finance act, 1999 and clause (d) was inserted in subsection (6). the object behind the amendment was explained in circular no. 779 dated 14th ..... lakh or less the fee payable would be rs. 1,500/. the circular explaining the provisions of the finance act, 1992 (see 198 itr(st.) @ 50) being circular no. 636 dated 31st august 1992 states thus:52 - the finance act has amended section 253 enhancing the fee to be paid for filing appeals before the incometax appellate tribunal. under the pre ..... which fee was increased to rs. 125/by the taxation laws (amendment) act, 1970 with effect from 1st april 1971. section 253(6) was thereafter amended once again and the quantum of the fee was increased to rs. 200/by the finance act, 1981.10. the finance act, 1992 changed the manner of computing the fee and it was provided that .....

Karvy Consultants Ltd. Vs. Asstt. Commr. of Cus. and C. Ex.

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... defined to mean any service including any service, provided to a customer by a non-banking financial company, in relation to banking and other financial services. section 65(11) of finance act, 2001 defined 'banking and other financial service' to mean :(a) the following services provided by a banking company or a financial institution including a non- ..... india, 1934, and as a result it was not required to return any part of its turnover to service tax for the relevant financial year.5. section 65(90) of finance act, 2001 defines 'taxable service' to mean :any service provided to a customer by a banking company or a financial institution including a non-banking financial ..... banking institution that, by itself, would not bring it within the definition of a 'non-banking financial company' under section 65(73) of the finance act read with section 45-i(f)(ii) of the reserve bank of india act. it is only if, in addition thereto, it is established that the petitioner has, as its principal business, .....

The Director of Income Tax Vs. Shardaben Bhagubhai Mafatlal Public Cha ...

Court : Mumbai

Reported in : (2001)1BOMLR744; (2000)164CTR(Bom)97; 2001(2)MhLj695

..... object is kept in mind, it is clear that the assessee-trust ought to have disinvested the shares by 31st march, 1993. in fact the amendment to section (iia) by finance act, 1992 is expressly made applicable from 1st april, 1992. the reason is obvious viz. to give opportunity to public trusts to disinvest on/or before 31st march ..... or institution which cannot be disinvested by 31st march. 1992 can now be disinvested by 31st march, 1993. the above amendment by finance act, 1992 came into effect from 1st april, 1992. the object of section 13(1)(d) was to forfeit the exemption for contravention if the assessee-trust made impermissible investments. these assets were required to ..... not general circulars and that they should be ignored. ' they are in consonance with the act. in c.i.t. v. deoria public charitable trust. the facts were as follows. clause (d) of sub-section (1) of section 13 was substituted by finance act, 1983 with effect from 1.4.1983. the provisions of the new sub-clause were to .....

Commissioner of Income-tax Vs. O.G. Textiles (P.) Ltd.

Court : Chennai

Reported in : [2000]245ITR820(Mad)

..... bed sheets and towels and as such, the activity of the assessee would amount to 'processing' attracting the provision of section 2(7)(c) of the finance act, 1979. section 2(7)(c) of the finance act, 1979, makes a distinction between the manufacture and the processing of the goods. the action of the assessee in dyeing the ..... involved by the assessee and the assessee should, therefore, be regarded as an 'industrial company'. 4. the expression, 'industrial company' is defined under section 2(7)(c) of the finance act, 1979, and it reads as under : ''industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity ..... to others, the assessee should be regarded as engaged in the manufacture or processing of the goods, within the meaning of the explanation to section 2(7)(c) of the finance act, 1979. the tribunal, therefore, held that the assessee should be regarded as an industrial company engaged in the manufacturing or processing of goods. .....

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

..... ); (e) special excise duty collected under a finance act; (f) additional duty of excise as levied under section 157 of the finance act, 2003 (32 of 2003); (g) education cess on excisable goods as levied under clause 81 read with clause 83 of the finance (no.2) bill, 2004. 8. by notification no. 12/2007 with effect from 1st march, 2007, the following addition was made to the ..... term duty: (i) the additional duty leviable under section 3 of the .....