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The Commissioner of Income Tax-24 Vs. Knr Patel (Jv)

Court : Mumbai

..... of its decision proceeded on the basis that the revisional jurisdiction had been exercised by the cit only on the basis of the explanation inserted into section 80ia(13) by the finance act of 2007. that ex-facie is not a correct reading of the order passed by cit. the tribunal referred to the orders of its jaipur bench ..... the itat. the tribunal in paragraph 3 of its order, proceeded on the basis that the revisional jurisdiction under section 263 has been exercised by the cit in view of the explanation inserted into section 80ia by the finance act of 2007 with retrospective effect from 1st april, 2000. the tribunal observed that but for the explanation, there is no ..... v. dcit : (2005) 94 itd 411 (mum). however, the decision in patel engineering was distinguishable on facts; (iv) in any event, the retrospective amendment to section 80ia(4) by finance act of 2007 would lead to the conclusion that the order passed by the assessing officer was erroneous. the cit has adverted to the provisions of .....

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 .....

Date of Decision : 5.8.2013 Vs. Union of India and Others

Court : Punjab and Haryana

..... challenge has been made to the provisions of section 245d(2a) and section 245d(2d) and section 245ha of the income tax act, 1961 (hereinafter referred to as the act .) as substituted by an amendment by the finance act, 2007 with effect from 1.6.2007 being ultra vires.2. the premises of the petitioner were searched under section 132 of the act on 17.1.1995. thereafter, he filed an ..... for which the application for settlement would be maintainable upto the stage of section 245d(1) and the settlement commission cannot reopen its concluded proceedings under section 154 of the act so as to levy interest under section 234b. it was noticed that amendment made by the finance act, 2007 with effect from 1.6.2007 was for this purpose. relevant portion of the judgment reads as under .....

Bajaj Allianz General Insurance Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)9STJ217CESTAT(Mum.)bai

..... sides on the application for waiver of pre-deposit of service tax of rs. 5,35,94,363/- and penalty of rs. 100/- per day imposed under section 76 of chapter v of the finance act.the demand has been confirmed against the applicants herein, who are inter alia engaged in providing general insurance service, in respect of the policies issued prior to ..... and penalty and stay recovery thereof pending the appeal.2. since the amount involved exceeds rs. 5 crores the appeal is fixed for out of turn hearing on 12/04/2007 along with appeal no.st/295/2006.

M/s. Parle Agro Pvt Ltd. Vs. Commissioner Commercial Taxes Trivandrum

Court : Kerala

..... drink' containing fruit juice to an extent of more than 10% and that it had been assessed as a 'fruit juice based drink' till the finance act of 2007 amended section 6(1)(a) of the act by specifying that aerated branded soft drinks excluding soda would be liable to tax @ 20% at all points of sale within the state. the list ..... (6) beverages containing milk 2202.90.30" 8. it is pertinent to note that section 6(1)(a), as it stood prior to the amendment brought about by the finance act of 2006, did not contain any reference to aerated soft drinks. by the finance act of 2007, section 6(1)(a) was amended specifying aerated drinks including mineral water, packaged drinking water and ..... that the appellant's product which had the same hsn code was classified and taxed under the erstwhile entry 71(4). after the amendment brought about by the finance act of 2007 and the substitution of entry 71 by sro no.119 of 2008, the entry 71 was completely substituted. entry 71 as substituted by sro no.119 of 2008 .....

Commissioner of Income Tax Vs. Mehta Charitable Prajnalay Trust

Court : Delhi

..... . there is no exhaustive definition of the words property held under trust in the act; however, sub-section (4) says that for the purposes of section 11, the words property held under trust includes a business undertaking so held. sub-section (4a) as it stands amended by the finance (no.2) act, 1991 w. e. f. 01.04.1992 is in the following terms: (4a ..... of the trust and the powers of the trustees.14. in respect of all the other assessment years namely 1993-94, 1994-95, 2001-02 and 2005-06 to 2007-08, the tribunal has followed the earlier order passed by it for the assessment year 1992-93 in ita no.3633/del/1996. there is no independent reasoning in ..... delhi at new delhi reserved on:6. h september, 2012 date of decision:20. h november, 2012 % + + + + + + + ita 309/2003 ita 417/2003 ita 18/2004 ita 722/2007 ita 770/2011 ita 1050/2011 ita 1051/2011 commissioner of income tax .....appellant through: mr. abhishek maratha, sr. standing counsel with ms. anshul sharma, advocate. mr. kamal sawhney, sr .....

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 .....

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 .....

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 .....