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Commissioner of Service Tax Vs. Lumax Samlip Industries Ltd. and Custo ...

Court : Chennai

Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)

..... suited the appellant.5. mr. t.s.sivaganam, learned standing counsel appearing for the respondents very strenuously contended that there is no provision whatsoever under section 86 of the finance act to the effect that the commissioner has to accept the order passed by the commissioner of central excise (appeals) and once it is accepted that ..... kind of review, once the order of the appellate commissioner was accepted by the commissioner concerned in accordance with the provision of the review under section 86 of the finance act, 1994. further, the cestat also found as a matter of fact, the decision taken by the appellate commissioner on 19.5.2006 for accepting ..... substantial questions of law for consideration.i) whether statutory powers of commissioner to file appeal against an order in appeal before the appellate tribunal under section 86(2a) of the finance act, 1994 can be denied for the reason that commissioner had once accepted the order in appeal ?ii) whether acceptance of order-in-appeal .....

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

..... f of part i of the first schedule to the finance act, 1965, or that the assessee-company was an ' industrial company ' within the meaning of section 2(7)(d) of the finance act, 1966, and the finance (no. 2) act, 1967, or section 2(6)(d) of the finance act, 1968, or section 2(6) of the finance act, 1969, so as to be entitled to the ..... sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(5)(i) of the finance act, 1966 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the ..... the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to tax concession provided under section 2(5)(a)(i) of the finance act, 1964 ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... to all the facts and circumstances of the case. the change which is brought about by the insertion of sub sections (2) and (3) into section 14a by the finance act of 2006 with effect from 1 april 2007 is that in a situation where the assessing officer is not satisfied with the correctness of the claim of the ..... provisions for their enforcement : (i) sub section (1) of section 14a was inserted by the finance act of 2001 with retrospective effect from 1 april 1962; (ii) sub sections (2) and (3) were inserted in section 14a by the finance act of 2006 with effect from 1 april 2007; (iii) the proviso was inserted by the finance act of 2002 with retrospective effect from 11 may ..... be given to a rule so as to prejudicially affect the interest of the assessee. sub sections (2) and (3) were inserted into section 14a by the finance act of 2006 with effect from 1 april 2007. rule 8d was inserted by the income tax act (fifth amendment) rules 2008 which were published in the gazette on 24 march 2008. .....

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1986)18ITD515(Hyd.)

..... , for the following reasons : (a) section 36(1)(viii), which corresponded to section lo(2)(xiva) of the indian income-tax act, 1922 underwent subsequently many amendments-please see finance act, 1966, finance (no. 2) act 1967, finance act, 1970, finance (no. 2) act 1971, finance act, 1974, finance act, 1977, finance act, 1979, finance act, 1981 and lastly finance act, 1985 by which the crucial words 'this ..... under chapter vi-a, it will be in harmony with the creation of the reserve as envisaged by the said section. in our view, the amendment made by the finance act, 1985, is only clarificatory in nature.12. in yet another submission, the learned departmental representative argues that the ..... amount of deduction available to approved financial corporations. the latest amendment introduced by the finance act, 1985, has made it clear that the deduction should be computed before making any such deduction under the section. according to shri radhakrishna murthy, it is only with effect from 1-4-1985 .....

M.V. Ganesh, Lr of Late M.S. Viswambharan Vs. Commissioner of Income T ...

Court : Kerala

Reported in : (2009)221CTR(Ker)83; [2009]310ITR183(Ker); [2009]181TAXMAN227(Ker)

..... scheme, 1998 ('scheme' for short), requires to be noticed.9. the scheme has come into existence on 1st sept., 1998. the definition clauses contained in section 87 of the finance (no. 2) act, 1998 ('finance act' for short), would define the words 'declarant', 'designated authority', 'disputed chargeable interest', 'disputed income', 'disputed tax' and 'tax arrear' of the ..... that, the order passed by the assessing authority has become final.17. as required under the scheme, the assessee had filed an application under section 88 of the finance act before the designated authority. on the date of filing of the application, what was payable by the assessee was only the interest portion towards ..... payable, in respect of an assessment year under any direct tax enactment but which remains unpaid as on the date of making the declaration under section 88 of the finance act. the expression 'tax arrear', for the purpose of direct tax, means, the amount of tax, penalty or interest determined on or before .....

Bellary Iron and Ores Pvt. Ltd., Mspl Ltd., Ramgad Minerals and Mining ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : [2010]21STJ214(CESTAT-Bangalore); 2010[18]S.T.R.406; [2010]24STT557; (2010)35VST107(CESTAT-Blore)

..... 29/2008-st dt. 26/6/2008. this notification reads as follows: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 ..... there was no suppression of facts and the demand initiated through the notice issued on 24.5.2007 was substantially barred by limitation.h) penalties under section 76 section 77 and section 78 were not sustainable in view of section 80 of the act when the issue related to classification of service; the impugned order was contrary to the instructions ..... and classification of service of transportation of iron ores with in the mine area was a matter of interpretation of law. the cbec circular dated 12.11.2007 had classified the said activity with in the mine area as coming under "cargo handling service", which excluded export goods and the commissioner, contrary to the .....

B.S. Refrigeration Ltd. Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2006)(111)ECC707

..... the entire demand. he imposed a penalty of rs. 5,00,000/- under section 78 of the finance act, 1994. a penalty of rs. 100/- per day under section 76 of the finance act, 1994 was imposed. interest was also demanded under section 75 of the finance act, 1994. the appellants approached the commissioner (appeals). the commissioner (appeals) passed the ..... persons who received the clearing and forwarding services from such service provider. (v) since the amendments made in finance act, 2000 did not completely fill in the lacuna, amendments were made by the finance act, 2003 to sections 68 and 71a. the purpose of amendment was to validate the service tax already collected. the memorandum explaining ..... held that the provisions of rule 2(d)(xii) is ultra vires the finance act, 1994 itself and accordingly quashed the sub-rule in question. in order to get over the provision, the finance act, 2000 amended the definition of assessee under section 65 during the period 1.7.1997 to 11.5.2000. the amendment .....

Commissioner of Income-tax Vs. Indian Molasses Co. (P.) Ltd.

Court : Kolkata

Reported in : (1989)77CTR(Cal)112,[1989]176ITR473(Cal)

..... stood omitted with effect from april 1, 1969, and explanation 1 remains attached to clause (c). by the said finance act, section 40(a)(v) was inserted with effect from 1st april, 1969. section 40(a)(v), as introduced by the finance act of 1968, is as follows :'(a) in the case of any assessee ... (v) any expenditure which results ..... the contentions of the parties, it is necessary for us to set outthe legislative history of section 40(c), section 40(a)(v) and section 40a(5).6. section 40(c)(iii) was introduced by section 6 of the finance act,1963, with effect from april 1, 1963. section 40(c) as it stood after the insertion of clause (iii) is as follows :'( ..... his employment after the aforesaid date.'8. the proviso and the explanations to the aforesaid clause are not however reproduced.9. by the finance act of 1965, the second proviso was inserted in section 40(c)(iii) which runs as follows :'provided further that nothing in this sub-clause shall apply to any expenditure which results directly .....

Asramam Village Industrial Co-op. Society Ltd. Vs. Union of India (Uoi ...

Court : Kerala

Reported in : 1988(18)ECC69; 1988(17)LC691(Kerala); 1988(38)ELT14(Ker)

..... called upon to show cause why an amount of rs. 52,562.50, as mentioned in the work sheet, should not be collected from them under sections 2(d) of section 52 of the finance act, 1982.7. the petitioner demurred to the notice, inter alia, on the ground that the demand was barred by time. the assistant collector of central ..... bharath match works.6. after the enactment of section 52 of the finance act, 1982, the superintendent of central excise issued notice ext. p4 dated october 19,1982, to the petitioner, intimat ing them that they were not entitled to ..... validity of certain provisions in the notifications ext. p1 had been successfully challenged.5. though the petitioner before me has also challenged the constitutional validity of section 52 of the finance act he did not persist in it, and was rest content with accept ing the correctness of the decision of the madras high court in the case of .....

Ved Vyas Chawla Vs. the Income Tax Officer 'C' Ward and Anr.

Court : Allahabad

Reported in : AIR1965All37; [1965]57ITR749(All)

..... total income.' therefore, income chargeable under the head 'salaries' by implication will not be subjected to additional surcharge which came to be levied under the finance act of 1963 under section 2(a)(i) and (ii) for the first time. it is contended that this classification is discriminatory and violative of article 14 of the ..... impugned provision, the salaried class of persons has been excluded from the application of the provisions for the levy of surcharge. the relevant portion of section 2 sub-clause (2) of the finance act 1963, reads; '(2) in making any assessment for the assessment year commencing on the 1st day of april, 1963. (a) where ..... no such difficulty arises as the salaried class of employees, undoubtedly, is a well defined class and has been so treated for decades by the various finance acts. the finance act of 1963 deals equally with all persons within the salaried class. the classification is also reasonable as it is based upon a real and substantial distinction .....