Judgment Search Results Home > Cases Phrase: finance act 2007 section 94 amendment of section 2 Court: mumbai Page 1 of about 12,704 results (0.178 seconds)

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 .....

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.

National Rayon Corporation Ltd. Vs. G.R. Bahmani, Income-tax Officer, ...

Court : Mumbai

Reported in : [1965]56ITR114(Bom)

..... of 6 per cent of its capital investment. the scheme, in short, was that when conditions of section 55 of the indian income-tax act were satisfied super-tax was levied at a certain rate mentioned in the finance act. from the amounts so calculated, a rebate was granted to certain companies which satisfied certain conditions mentioned therein ..... construction of the provisions of these two finance act, namely, finance acts of 1956 and 1957, to which we will later advert. the question that first arises for determination is in what circumstances an income-tax officer is empowered to take action under section 35 of the act. on a reading of section 35 it is clear that it is ..... tax officer had jurisdiction to rectify the said mistake in exercise of his powers under section 35 of the act. with respect to the learned counsel for the revenue, we find it difficult to accept the contentions raised by him. by the finance act, 1956, a new scheme has been enacted which was obviously intended for the purpose .....

20 Microns Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... other kaolinic clays, whether or not calcined. in fact the relevant portion of the subheading 2505.10 of the tariff as it stood after enactment of finance act 1990 and before enactment of finance act 1995 was pari materia with heading 25.07 of hsn. the explanatory notes to hsn heading 25.07 provides as under. this heading covers kaolin ..... , the demand made pursuant to the show cause notice dtd 16th september, 2003 for the period 7th february, 2000 to 6th october, 2001 is barred under section 11a of the act & the only ground on which the larger period is invoked is that the appellants did not declare in the declaration that they manufacture calcined china clay and ..... invoke the demand.3.8 in any event, the issue involved in the present appeal relates to the classification of calcined china clay and therefore, the proviso to section 11a(1) cannot be invoked and penalties cannot be imposed as no intent to evade by incorrect classification can be established.3.9 the duty demands are not upheld .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... furniture, air-conditioning, well-dressed waiters, linen, cutlery, crockery, music on a dance floor, etc.. thus, a new clause (zzzzv) was inserted to section 65(105) of the finance act, 1994 by the finance act, 2011. according to the said clause, the service provided by a restaurant having specified facilities such as air-conditioning and licence to serve liquor, was liable ..... of tax practitioners.? 58. the same reasoning is applied in the case of all india federation of tax practitioners and others v/s union of india reported in (2007) 7 scc 527. however, we do not make any reference to the same as mr. sridharan submits that the attention of the honourable supreme court was not ..... nadu kalyana mandapam association v/s union of india. (2) (2011) 2 scc 352 association of leasing and financial service companies v/s union of india. (3) (2007) 7 scc 527 all india federation of tax practitioners and others v/s union of india. (4) (2009) 225 ctr (mad) 289 madras hire purchase association v/s .....

Commissioner of Income-tax, Bombay City I Vs. Army and Navy Stores Ltd ...

Court : Mumbai

Reported in : (1957)59BOMLR518; [1957]31ITR959(Bom)

..... of its working would be and whether in fact it would be assessed to tax or not; and therefore for the purpose of interpreting the proviso to section 10 of the finance act of 1942 mr. kolah asks us to read the expression 'liable to assessment' as meaning that there is a possibility of the profits made by an ..... that liability because it represented to the department that its profits were liable to excess profits tax in the united kingdom. now when the question arose under section 11 (11) of the finance act, 1946, as to how the refund should be brought to tax, the assessee company completely changed its front and took up the attitude that its profits ..... excess profits tax (in the united kingdom) and as such it would appear that the compulsory deposit is not payable in accordance with the fourth proviso to section 10 (1) of the finance act, 1942.' 3. the excess profits tax refund was paid to the assessee company in the accounting year ended 31st august, 1952, and the department brought that .....

The Khatau Makanji Spg. and Weaving Co. Ltd. Vs. Commissioner of Incom ...

Court : Mumbai

Reported in : AIR1956Bom733; (1956)58BOMLR885; ILR1957Bom22; [1956]30ITR841(Bom)

..... at which income-tax is to be charged upon the total income of the previous year of the assessee.in our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parllament has done so then no effective charge can be made on the total income of the previous year of the assessee under ..... under clause (ii) of the proviso to para b of part i of the forest schedule to the indian finance act, 1951, as applied to the assessment year 1953-54 by the indian finance act, 1953 read with section 3, indian income tax act?'we answer the question in the negative. the commissioner to pay the costs.9. reference answered in the negative. ..... contested that in order that this particular provision in the finance act should be effective it must| come within the scope of s. 3, income-tax act, be cause what the finance act does is to effectuate as it were section 3, income-tax act, and when we turn to section 3, which is the charging section, it imposes a charge on the total income of .....

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

..... , 1994. the service tax provider is entitled to recover the service tax from the service consumer.7. entry (zzzy) was inserted into section 65(105) of the finance act, 1994 by the finance act, 2007. the said entry reads as under:any service provided or to be provided to any person by any other person in relation to mining ..... submitted that, therefore, the present petition is liable to be dismissed.34. we are concerned here with the scope of entry (zzzy) inserted into section 65(105) of the finance act 1994 by the finance act, 2007. the moot question is what kind of services are covered by this entry. as noticed by us hereinabove entry (zzzzj) was inserted into ..... section 65(105) of the finance act, 1994 by the finance act 2008 with effect from 16/5/08. services rendered by the 1st petitioner's members have .....

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

..... 4-a for advocates, the requirement of issuing such invoices within 14 days of completion of services, the provisions of section 77 of the finance act 1994 and the provisions of section 89 of the finance act 1994 as inserted by the finance act 2011 to the extent they require advocates to issue invoices at all, to issue invoices within 14 days of the completion ..... . in the case of all india federation of tax practitioners v/s. union of india [2007(7) s.t.r. 625 (s.c.)] it has been held that parliament has legislative competence to levy service tax by way of impugned finance acts of 1994 and 1998 under entry 97 of list i and accordingly imposition of service tax on ..... refer to some of the observations of the hon'ble supreme court of india. in all india federation of tax practitioners v/s. union of india reported in (2007) 7 scc while dealing with the legislative competence of parliament to levy service tax, the hon'ble supreme court made detailed reference to the test of sale-ability/ .....

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

..... . in the face of this material, which are normal aids to construction, it cannot be said that because the second proviso has been omitted by the finance act, 2003 and section 43b is also now covered by the first proviso. the proviso as it now stands has to be read as curative and to be read retrospectively from ..... commissioner of income tax, central circle v. sabari enterprises and ors. matters decided on 3rd july, 2007. considering the finance act, 2003 the karnataka high court has held that if the assessee had paid p.f. dues by the period stipulated under section 36(1)(va) the assessee's contributions to pf are allowable deductions, as the amendment is curative. ..... the first introduction of section 43b by the finance act. as noted earlier the proviso was substituted in 1989 on account of hardship noted. parliament did not do away with the proviso, but only substituted the .....