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infosys Technologies Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2003)86ITD342(Bang.)

..... is an inclusive one and thereby "all pervasive", the supreme court would have charged to tax such interest subsidy despite the deletion of sub-clause (vi) to section 17(2) by the finance act, 1995. we would also, therefore, concur with the conclusion drawn by the supreme court that the artificial enlargement of any word by the use of the term ..... relevant only when the "mischief rule" is sought to be invoked which, in our opinion, is not the case here. when section 17(2)(iiia) was introduced by finance'act, 1999, w.e.f, 1st april, 2000, the hon'ble finance minister noted as under : "in some of the 'sunrise' sectors of the economy, the management is adopting a policy of ..... rope in all types of benefits and perquisites, why was there a need for e.g., to introduce clause (vi) to section 17(2) by the finance act, 1994 to bring to tax "any other fringe benefit or perquisite". if section 17(2) was all pervasive, there should have been no occasion for the supreme court in the case of salgaocar & bros .....

inland Revenue Commissioners Vs. Pollock and Peel Ltd. (In Liquidation ...

Court : Kolkata

Reported in : [1958]34ITR379(Cal)

..... look upon the distribution of the pollock & peel no. 2 shares as being distributions at all for any relevant purpose.so much for the finance act, 1947; and i will now pass to section 31 of the finance act, 1951. again i must read a substantial part of the first and second subsections, and also make a reference to the definitions. [his ..... not, as i apprehend it, one of fact for the special commissioners, but one of law to be determined on the meaning of paragraph (c) of section 31(i) of the finance act, 1947.for the reasons which i have tried to state, i think this appeal fails, and should be dismissed.morris l. j. the question which arises ..... company constituted a distribution which was a 'gross relevant distribution within the meaning of section 35(1) of the finance act, 1947, while having regard to the provisions of section 31 of the finance act, 1951.it is said by the crown that the effect of section 31 of the finance act, 1951, as applied to the facts of this case is that an amount equal .....

Bharat Heavy Electrical Ltd. Vs. Commissioner of Central Excise Nagpur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... . 1/2006 dated 01/03/2006. these notifications are reproduced below: notification no. 15/2004-service tax in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service ..... june, 2003]. notification no. 1/2006-s.t. dated 01/03/2006 in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable ..... cenvat credit rules, 2004. 2.1.1. scrutiny of the records of the appellant revealed that for the year 2005-06 (october, 2005 onwards), 2006-07 and 2007-08, the appellant had taken cenvat credit on inputs or input services in respect of some contracts, and, therefore, it appeared that they were not eligible to avail .....

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 .....

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, .....

Universal Radiators Ltd. Vs. Commissioner of Central Excise

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

Reported in : (2008)14STT269

..... these proposals were contested. in adjudication of the dispute, the assistant commissioner dropped the above proposals. his order was revised by the commissioner under section 84 of the finance act, 1994 after issuing a notice to the party. in the revisional order, the proposals in the scn were confirmed against the party. accordingly, there ..... service recipients liable to pay tax was struck down by the court as ultra vires section 66 of the finance act, 1994. parliament, by finance act, 2000, which came into force on may 12, 2000, amended the relevant provisions of the finance act, 1994 making gto service recipients liable to pay tax with effect from november 16, ..... 2004] 165 elt 161 (tri-del), held that gto service recipients coming within the purview of section 71a still remained outside the scope of section 73 of the finance act, 1994 and, therefore, any scn demanding service tax under section 73 was not maintainable against them. this decision of the tribunal was upheld by the supreme .....

Khivraj Motors (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1994)50ITD576(Mad.)

..... decision of the appellate tribunal in the case of varadarqja theatres (p.) ltd. 29 itd 29 was distinguishable on facts. (iii) the 1988 amendment to section 40(3) of the finance act, 1983 is not retroactive, but prospective in operation with effect from 1-4-1989. therefore, the said amendment cannot help the assessee.14. shri v. ..... thereafter, the commissioner passed an order in revision holding that the theatre building could not be categorised in any of the exempted categories mentioned in section 40(3)(vi) of the finance act, 1983. the tribunal allowed the assessee's claim. in this regard, the tribunal followed the line of reasoning that it had earlier adopted ..... of the cinema theatre. this exemption was claimed on the ground that the cinema theatre building was a plant not chargeable to tax under section 40(3)(ut) of the finance act, 1983.alternatively, it was contended that the 1988 amendment which exempts theatre building from wealth-tax should be given retrospective effect.31. 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 .....

Dandu Krishna Murthy Raju Vs. the Branch Manager of Max Newyork Life I ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... service tax. opposite party contended that by charging service tax, they neither violated the terms of the contract, nor the law. as per section 83 of the finance act,1994 read with section 12b of the central excise act, 1944, the incidence of service tax falls on the recipient of the services i.e. customer. clause 19 of the terms and conditions ..... for the opposite party to revive the policy if the complainant opts for it. coming to the second ground urged by the complainant in the appeal, under section 66 of finance act, the service tax at the rates applicable will have to be collected by the person rendering service from the person or customer, in whose favour, such service ..... for collecting the tax but fails to collect such tax is also liable to pay penalty equal to the tax, apart from interest there on, as per section 76 of the finance act. in view of the above provisions of law, the liability to pay service tax is on the complainant and the opposite party being a service provider .....

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 .....