Judgment Search Results Home > Cases Phrase: finance act 2007 section 87 amendment of section 22dd Page 1 of about 3,307 results (0.201 seconds)

Asstt. Cit, Rg. 4(1) Vs. Claridges Investments and

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... rajesh kumar (supra).85. the learned counsel pointed out that the observations of the apex court have since been enshrined in the act by virtue of an amendment by finance act, 2007. sub-section (2a) of section 142 is now followed by a proviso:- "provided that the assessing officer shall not direct the assessee to get the accounts ..... of cse were also debarred by sebi from associating with securities market activities and dealing with securities market till the completion of investigation under sections 11 and sections 1 ib of sebi act. the assessee clarified that the loss was incurred due to purchase and sale of securities in the normal course of the business, and ..... appeal. thereafter, two additional grounds of appeal have been filed on 20-4-2007 with a request for admission of those grounds. both the additional grounds relate to the appointment of the special auditor under section 142(2a) of the act. in the first additional ground the assessee has objected to the assessing officer not .....

Chain Roop Bhansali vs.union of India & Ors.

Court : Delhi

..... that are not clear, the... petitioner's application was pending before the itsc. an amendment was made to the act by the finance act, 2007 whereby sub-section 4a was inserted in section 245d of the act. a distinction was drawn by the said provision between those applications filed before the itsc prior to 1st june ..... , 2007 and those that had been filed thereafter. under section 245ha(1)(iv) of the act if a final order under section 245d(4) was not passed by the itsc within the period prescribed under section ..... the above provision makes the legislative intent clear. the applications made under section 245c of the act before the itsc prior to 1st june 2007 and in respect of which no final order has been passed under section 245d(4) of the act by 31st march, 2008 shall abate on the specified date. this .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... void and ultra vires the provisions of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2008. 36 in view of paragraph no.30 above, upholding the validity of section 65(105)(zzzz) and 65(90-a) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010, w.p.nos.24586 and 24588 ..... of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said ..... .p.no.8932 of 2011 is filed by the tamil nadu slum clearance board, seeking to declare the provision of sub-section 9(a) of section 65 of the finance act, as amended by the finance act, 2007, as invalid and this court is not inclined to go into the same as the said provision is intra vires of the .....

R (on the Application of Prudential Plc and Another) Vs. Special Commi ...

Court : UK Supreme Court

..... did not attract privilege. a more systematic attempt to address the issue was made by section 63 of the courts and legal services act 1990, which has now been superseded by section 190 of the legal services act 2007. section 190(2) of the 2007 act provides that where advocacy, litigation, conveyancing or probate services are provided by individuals who ..... and, as lord hobhouse emphasised at para 45, "[a] necessary implication is a matter of express language and logic not interpretation". 5. section 20a, inserted by the finance act 1976 ("the 1976 act"), empowered an inspector to call for documents to be produced by a person who had "stood in relation to others as a tax accountant" ..... adviser". 37. seventhly, the substantial re-enactment of the relevant provisions of tma in paragraphs 23 to 26 of part 4 of schedule 36 to the finance act 2008 were considered in the usual way by the house of commons public bill committee. in their deliberations on 10 june 2008, the committee actually discussed .....

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

..... assessee has been in fact upheld by the apex court in the case of arun kumar (supra). to overcome the above decision, the law has been amended by finance act, 2007 with retrospective effect from 1/4/2002. the retrospective amendment merely takes away the above argument, which was available to the assessee. once the salary is paid ..... revenue commissioners v. coutts & co. [(1963) 2 all er722 732]., in the context of payment of estate duty, construed the words in respect of in section 5(2) of the finance act, 1894 (57 & 58 vict, c.30) 101 and observed that the phrase denoted some imprecise kind of nexus between the property and the estate duty. the ..... or similar property ; (iii) the use of any patent, invention, model, design, secret formula or process or trade mark or similar property ; 15 inserted by the finance act 1976 (66 of 1976), sec 4(b) (w.e.f. 1-6-1976). 30 (iv) the imparting of any information concerning technical, industrial, commercial or scientific knowledge, experience or skill ; .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... article 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... the cases of tamil nadu kalyana mandapam association case (2004) 5 scc632 association of leasing and financial services companies case (2011) 2 scc352 all india federation of tax practitioners case (2007) 7 scc527and gujarat ambuja cements limited case (2006) 3 scc1 the learned counsel submitted that the hon'ble supreme court upheld the levy of service tax under entry 97 of .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... tax payable by the assessee on the salary portion of the total income shall be the proportionate amount payable according to the rates provided in the finance act 1963. under section 2 of the finance act 1963 income tax was to be charged at the rates specified in part i of the first schedule-and super tax at the rates specified in ..... contained the rates etc. relating to the surcharge. similar state of affairs existed with regard to finance acts of 1953, 1954, 1957. section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may ..... the super tax was, however, to be increased by a surcharge for the purpose of the union and a special surcharge. it will be noticed that section 2(2) of the finance act 1964 did not contain mention of any of the surcharges. this, led to the controversy which resulted in the reference.4. before the high court the .....

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 .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... 167b, as the case may be, or the rate or rates of income-tax specified in this behalf in the finance act ..... necessary for reasonably interpreting the unamended provision. the amendment effected to section 40 of the finance act, 1983, by the finance act, 1988, exempting stock-in-trade is only prospective and not ..... finance act of the relevant year, and for the purposes of computation of the "advance tax" payable under chapter xvii-c in a case falling under section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section 167b, section 115b or section 164, the rate or rates specified in section 115a or section 115b or section 115bb or section 115e or section 164 or section 164a or section .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... in relation to the business auxiliary services of provision of service on behalf of the client, from the whole of the service tax leviable thereon, under section 66 of the finance act, which is received by the service provided prior to 10-9-2004. this notification has neither been referred to in the show cause notice issued ..... since the activity carried on by the petitioner of 'registrar and transfer agency' falls within the purview of 'any incidental or auxiliary support service' under section 65(19) of the finance act, 2003, the said business auxiliary services rendered by the petitioner during the period 1-7-2003 to 31-1-2004 would bring them within the service ..... by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support .....