Court : Guwahati
..... provided or to be provided to any person, by a commercial concern, in relation to construction service 18. prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new building or ..... other similar services ; or(c) repair, alteration, renovation or restoration of, or similar services in relation to, residential complex.20. by the finance act, 2005, clause (zzq) of section 65(105) of the finance act, 1994, was amended on june 16, 2005. with the amendment, so made, clause (zzq) reads as under:(zzq) to any person, ..... the petitioner-company to the prospective allottees. similar view has been taken by the allahabad high court in assotech realty private limited v. state of uttar pradesh [2007] 8 vst 738, wherein the court has held as under (at page 759):.in the present case, we find that the petitioner is constructing the flats .....
Tag this Judgment!Court : Guwahati
..... record the said facts. in modi rubber limited (supra), the exemption notifications were issued in exercise of powers under rule 8(1) alone. section 32(4) of the finance act, 1978 is perimeteria with section 157(3) of the finance act of 2003. the notification no. 33/99 does not recite that the exemption granted is in exercise of powers under ..... the union has argued that additional duty having been imposed by the finance act, must be distinguished from the basic duty (cenvat) imposable under section 3 of the central excise act, 1944. it is an additional duty by way of surcharge for creation of a special fund and what has been ..... bar.4. while the learned counsel for the petitioners has argued that the additional duty of excise levied by the finance act of 2003 is in essence a duty of excise leviable under section 3 of the central excise act, 1944 and, therefore, the notification no. 33 of 1999 would operate to exempt the same, learned counsel for .....
Tag this Judgment!Court : Guwahati
..... on the issue on merit. mr. m. bhuyan, learned counsel appearing for the petitioners upon instructions submitted that although a challenge has been put to section 154 of the finance act, 2003, the petitioners would not like to pursue the same in these proceedings. however, liberty was prayed for to make challenge to the same ..... deputy commissioner, central excise, guwahati against the petitioners relying on section 154 of the finance act, 2003 ordering refund and rejecting claim for refund as follows :(i) recovery of an amount of rs. 2,16,10,577.43 refunded to the ..... achieved by issuing notification no. 6/2001 to have retrospective effect to amend notification no. 32/1999 from its very inception viz. 8.7.1999. section 154 of the finance act, 2003 retrospectively amended notification no. 32/1999, withdrawing the benefit of exemption to pan masala containing tobacco.6.6.2003 : impugned order issued by the .....
Tag this Judgment!Court : Guwahati
..... policy decisions taken in the industrial policy itself. in this view of the matter, any notification issued by government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad ..... the state of bihar approached the supreme court challenging the order passed by the high court. while dealing with the question, the issuance of notification under section 7 of the bihar finance act, the apex court held that - 'it is true that issuance of such notifications entitles the industrial units to avail of the incentives, and benefits ..... made applicable by the sales tax department as before.'37. the state government issued a notification on 4.4.1994 in exercise of power under section 7 of the bihar finance act, under which the old industrial units like the respondents who had started production prior to 1.4.1993 but whose investment in plant and machinery .....
Tag this Judgment!Court : Guwahati
..... is whether there is any substantive provision which empowered the revenue to charge interest from the assesee for delayed payment of additional duty of excise payable under section 157 (1) of the finance act 2003 and if so, which is that provision. the answer to this question has to be found by carefully reading the law laid down by the ..... ( 1 ) ibid. in our view, the liability to pay additional duty of excise on tea is created for the first time by section 157 ( 1 ) )of the finance act 2003. however, the finance act of 2003 does not contain any substantive provision to charge/levy interest from the assessee in case if payment of additional duty of excise is not made or ..... . as rightly pointed out by mr. choudhury, learned senior counsel for the petitioner, that even if the expression interest had been mentioned in section 157 (3) of the finance act 2003, yet it would not have improved the case of revenue for sustaining the demand for interest. in our view, it was for the reason that supreme .....
Tag this Judgment!Court : Guwahati
..... the first item which was, however, included in the petition of smt. swati devi. the tribunal held that neither section 68 of the finance act, 1965, nor section 24 of the finance (no. 2) act, 1965, required the commissioner to make any enquiry whatsoever, touching or concerning the sources of the income disclosed or any ..... to the question posed depends entirely on the interpretation of the provisions contained in the act and in particular section 24 of the finance act. section 24 deals with ' voluntary disclosure of income' and consists of 16 sub-sections. sub-section (1) permitted a person to make a declarantion in respect of amounts representing income ..... examine the correctness of the explanation of the assessee whether the production of the declaration and certificate under section 24(15) of the finance act that the declarant voluntarily disclosed the amounts under the act precludes the i.t. authorities from investigating the correctness of the claim or the explanation of the assessee .....
Tag this Judgment!Court : Guwahati
..... therefore, not misplaced.28. in suprabhat steel ltd. : air1999sc303 , the state government issued notification, on april 4, 1994, in exercise of the powers under section 7 of the bihar finance act, whereunder the old industrial units, which had started production prior to april 1, 1993 but whose investments in the plants and machinery had not exceeded rs. 15 ..... held as under:7. coming to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in ..... taken in the industrial policy itself. in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be .....
Tag this Judgment!Court : Guwahati
..... a) or sub-clause (b), as the case may be.' 8. the amendment of sub-clause (ii) of clause (a) of sub-section (1 a) of section 143 by the finance act of 1993 provided for levy of additional income-tax with retrospective effect even where the loss declared by an assessee is further reduced by reason of ..... by a common judgment dated june 12, 1998, disposed of the civil rules holding, inter alia, that the provisions in sub-section (1a)(a) of section 143 of the income-tax act, 1961, substituted by the finance act, 1993, are constitutionally valid, but the retrospective operation given to the provisions therein that additional income-tax is to be imposed ..... way of cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by amendment of section 28 by the finance act of 1990 which amendment could not have been known before the finance act came into force. levy of additional tax bears all the characteristics of penalty. additional tax was levied as the .....
Tag this Judgment!Court : Guwahati
..... the entry 4408.90 but falls under the entry 4410.90 as the entry stood in 1989.9. we now turn to the effect of note 5 introduced by the finance act, 1990. note 5 provided in an inclusive definition of the words 'similar laminated wood'. according to this inclusive definition, the expression 'similar laminated wood', in so far ..... a slab. therefore, it was held that such blocks board would fall under entry 4408.90 in the light of note 5 as amended by finance act, 1992.10. in the note 5 introduced by the finance act, 1990 the words 'otherwise glued or joined together' were absent. note 5 therefore took in only block board in which the core is ..... in their contention that 4410.90 was applicable. this dispute arises in these writ petitions except the six referred to in paragraph 2 supra.6. the 1985 act was further amended by the finance act, 1992. note 5 of chapter 44 was amended substituting the words 'glued or otherwise joined together' for the words 'glued together'. the amended note 5 .....
Tag this Judgment!Court : Guwahati
..... be interpreted in the light of the provisions of the finance act. shri bhowmik also contended that by virtue of the said act ongc had reimbursed an amount of rs. 62,476 in the month of march, 2007. hence the ongc is now estopped from raising the plea ..... dated february 22, 2002. on the basis of the same nit further work orders were also issued in subsequent years.2. under the finance act, 1994, chapter v was inserted introducing the concept of 'service tax'. cab providers were also brought within the purview of service tax ..... , be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2).7. it was the submission of shri bhowmik, learned senior counsel for the petitioner, that the petitioner being ..... who is providing taxable services to any person shall collect the service tax at the rate specified in section 66.(2) ....(3) any person, responsible for collecting the service tax, who fails to collect the tax in accordance with the provisions .....
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