Judgment Search Results Home > Cases Phrase: finance act 2010 section 14 amendment of section 44ab Page 1 of about 2,514 results (0.081 seconds)

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... . on the other hand, in the case of calcutta export company (supra), this court noticed the aforesaid two amendments to section 40(a)(ia) of the act by the finance act, 2008 and by the finance act, 2010, which were intended to deal with procedural hardship likely to be faced by the bonafide tax payer, who had deducted tax at source but could not make deposit within the prescribed ..... export company: (2018) 404 itr654 wherein this court has held the remedial amendment of section 40(a)(ia) of the act by the finance act, 2010 to be retrospective in nature and applicable from the date of insertion of the ..... . on the other hand, by the finance act of 2010, which was considered in the case of calcutta export company (supra), the proviso to section 40(a)(ia) of the act was amended so as to provide relief to a bonafide assessee who could not make deposit of ..... been grafted with reference to the decision in calcutta export company (supra) wherein, another amendment of section 40(a)(ia) by the finance act of 2010 was held by this court to be retrospective in operation ..... provided that an individual or a hindu undivided family, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44ab during the financial year immediately preceding the financial year in which such sum is credited or paid to the account of the sub-contractor, shall be liable to deduct income-tax under this sub .....

R.R. Paints Pvt. Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... view of the retrospective amendment by section 69 of the finance act, 2010, they became entitled for ..... 267) elt 153 (guj) wherein in a similar situation the appellant therein was allowed to reverse proportionate credit, in view of the retrospective amendment to cenvat credit rules, by finance act, 2010, which allows for reversal of proportionate credit in respect of exempted goods. 4. ..... amendment to the cenvat credit rules by finance act, 2010, the appellant neither made an application for reversal of proportionate credit nor reversed the proportionate credit which should have been done within six months from the date of enactment of finance act, 2010 ..... section 69 of the finance act, 2010 specifically provided that the person who was availed the credit wrongly, should opt for the facility specified therein and make an application to the commissioner of central excise along ..... that specific time limits have been prescribed in the finance act, 2010 for regularization of the cenvat credit wrongly taken. ..... reversed proportionate credit attributable to exempted goods at the time of clearance of the exempted goods nor have they sought to regularize the same even after the enactment of finance act, 2010 within the time period stipulated therein. ..... the manufacture of final products, which are exempted from the whole of the duty of excise leviable thereon or chargeable to nil rate of duty within a period of six months from the date on which the finance bill 2010 receives the assent of the president. .....

Commissioner of Income Tax Vs. M/S.Arun Excello Foundations Pvt. Ltd.

Court : Chennai

..... the amendment to section 80ib(10) on clause (d) and under finance (no.2) act, 2010 with effect from 01.04.2010, is as follows: "(d) the built-up area of the shops and other commercial establishments included in the housing project does not exceed three per cent of the aggregate built-up area of the housing project or five thousand square ..... learned senior counsel further pointed out to the amendment brought forth under finance (no.2) act, 2004 with effect from 1.4.2005 inserting clause (d) as well as insertion of clauses (e) and (f) under the finance (no.2) act, 2009, with effect from 1.4.2010 to section 80-ib(10) of the act and submitted that read in the context of sub clause (c) of section 80-ib(10) of the act, restrictions as regards allotment to an individual in a family under clauses (e) and (f) and in the context of sub clause (d) as the built-up commercial area, it was clear that the expression 'housing project ..... referring to the amendment brought forth under finance (no.2) act, 2004 by insertion of sub clause (d) to section 80ib (10) of the act, effective from 1.4.2005, learned standing counsel submitted that prior to the amendment, legislature did not contemplate any relief on commercial building, including a pro-rata relief, to be given to the assessee during the year 2004-05 in cases of violation of the condition under section 80ib(10) of the act. .....

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

Court : Chennai

..... he held that by reason of the amendment to section 9(1) with effect from 01.04.1976, under finance act 2010, the reliance on the decisions reported in (2006) 282 itr273(bharat sanchar nigam ltd. ..... nexus between such income and territory of india and that the services had to be rendered in india and utilised in india, an explanation was inserted below sub-section 2 of section 9, with effect from 01.06.1976 under finance act, 2007 clarifying that when income is deemed to accrue or arise in india under clauses (v), (vi) and (vii) of sub-section 1 to section 9, such income shall be included in the total income of the non-resident regardless of whether the non-resident has a residence or place of business or ..... . by finance act, 2010, with effect from 01.06.1976, the explanation inserted by finance act, 2007 was substituted with retrospective effect from 01.06.1976 that income of a non-resident shall be deemed to accrue or arise in india under clauses (v), (vi) and (vii), irrespective of the fact whether the non-resident has a residence or a ..... ., in re) are not of any assistance to the assessee, considering the amendment that had come in the wake of those decisions under finance act 2012 by the insertion of explanations 5 and 6 in particular having relevance to the issue on hand.42 ..... . director of income tax) an explanation was inserted below sub-section 2 of section 9, with effect from 01.06.1976 under finance act, 2007 to get over the decision of the supreme court .....

Director of Income Tax-ii Vs. Ohm Limited

Court : Delhi

..... amendments which we have to notice is that the second proviso to section 44da was inserted by the finance act, ..... amendment made by the finance act, ..... -section (1) of section 44da inserted by the finance act, ..... to a person who, having been appointed before 15th day of august, 1947, to be a judge of the federal court or of a high court within the meaning of the government of india act, 1935, continues to serve on or after the commencement of the constitution as a judge in india.7. when section 44bb was first inserted by the finance act, 1987 with retrospective effect from 01.04.1983, it was applicable to all assessees irrespective of their residential status ..... (3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains specified in that sub-section, if he keeps and maintains such books of account and other documents as required under subsection (2) of section 44aa and gets his accounts audited and furnishes a report of such audit as required under section 44ab, and thereupon the assessing officer shall ..... proceed to make an assessment of the total income or loss of the assessee under subsection (3) of section 143 and determine .....

PGS Exploration (Norway) AS Vs. Additional Director of Income-tax

Court : Delhi

..... amendment introduced in the proviso to section 44bb(1) of the act by the finance act, 2010 with effect from 01.04.2011, specifically excluded the incomes falling within the scope of section 44da of the act ..... finance act, 2010, the proviso to section 44bb(1) of the act was amended with effect from 01.04.2011 to specifically exclude from its scope, incomes referred to under section 44da of the act ..... section 44bb(1) and 44da(1) of the act was resolved by the finance act, 2010 by including a reference to section 44da in the proviso to section 44bb(1) of the act with effect from 01.04.2011 and simultaneously introducing a second proviso to section 44da(1) which reads as under: "provided further that the provisions of section 44bb shall not apply in respect of the income referred to in this ..... be termed as 'mining operations' and consequently provided that expression "mining projects" or like projects" as occurring in explanation 2 to section 9(1)(vii) of the act would also cover "rendering of services like imparting of training and carrying out drilling operations for exploration or exploitation of oil and natural ..... section, if he keeps and maintains such books of account and other documents as required under sub-section (2) of section 44aa and gets his accounts audited and furnishes a report of such audit as required under section 44ab, and thereupon the assessing officer shall proceed to make an assessment of the total income or loss of the assessee under sub-section (3) of section .....

icmc Corporation Ltd Vs. Customs Excise Service Tax Appellate Tribunal

Court : Chennai

..... appeal order was the subject matter of consideration before this court in cma no.1962 of 2008 which, we have dismissed today taking note of the amendment brought forth under the finance act, 2010 to section 73(2) through insertion of rule 6(6) of cenvat credit rules.4. ..... under: ".rule 6(5): notwithstanding anything contained in sub-rule (1) (2) and (3), credit of the whole of service tax paid on taxable service as specified in sub-clause (g), (p), (r ), (v), (w), (za), (zm), (zp), (zy), (zzd), (zzg), (zzh), (zzi), (zzk), (zzq) and (zzr) of clause 105 of section 65 of the finance act shall be allowed unless such services is used exclusively in or in relation to the manufacture of exempted goods or providing exempted services.".5. ..... passed on by him to any other person: provided that where an application for refund has been made before the commencement of the central excises and customs laws (amendment) act, 1991 (40 of 1991), such application shall be deemed to have been made under this sub-section as amended by the act and the same shall be dealt with in accordance with the provisions of sub-section (2) as substituted by that act:]. ..... assessee that what was adjusted was only a credit available in the books of accounts and not a refund on payment of duty, the commissioner held that all types of refund claim had to be filed under section 11b of the central excise act, 1944 and there could be no suo motu credit of any duty paid in excess or inadvertently to be taken by the assessee. .....

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

..... of constitution of india praying to issue a writ of declaration or other appropriate writ, direction or order in the nature of a writ, declaring that the circular no.148/17/2011-st dated 13.12.2011 issued by the 2nd respondent as ultra vires to the provisions of section 66 of the finance act, 1994 as amended; entry 54 and entry 62 of list ii of schedule vii and articles 14, 19(1)(g), 246 and 265 of the constitution of india as ultra vires, in so far as the petitioner is concerned. ..... 01.07.2010 under the sub-clause (zzzzt) of sec 65(105) by the finance act of 2010 ..... in reply to the request made by the association, the tax research unit (tru) by clarification dated 28.04.2011 informed the association by referring to the circular dated 26.02.2010, which stated that both recording of cinematographic film and the accompanied sound track are the property of the producer, who can temporarily transfer it or permit its use by another person for a consideration and this ..... 1.7.2010) bringing in the temporary transfer of copyright within the service tax net, by inserting section 65(105)(zzzzt) and also the amendment in section 65(104c) - ".support services of business commerce ..... with effect from 1.7.2010, business of licensing of copyrights was brought within the service tax net by making amendment to the definition of taxable service under clause (105) of section 65 by introduction (zzzzt ..... , meerut-i, ((2010) 14 scc744= (2010) (260) ..... with effect from 1.7.2010, business of ".licensing of copyrights .....

Court : Mumbai

..... in support of the above submissions mr.sridharan has placed reliance upon the following materials:- (1) section 64 of the finance act, 1994, (2) section 65(105) of the finance act, 1994, (3) sections 66, 66a of the finance act, 1994, (4) the export of service rules, 2005 as amended from time to time, (5) the taxation of services (provided from outside india and received in india) rules, 2006, (6) rule 5 of the cenvat credit rules, 2004, (7) the commissioner of service tax v/s m/s sgs india private limited ..... this appeal under section 35g of the central excise act, 1944 r/w section 83 of the finance act, 1994 challenges the order passed by the customs, excise and service tax appellate tribunal (for short cestat ) dated 07.03.2013 in which it has been held that for the period upto 27.02.2010 the appellants before us are not eligible for refund ..... to 27.2.2010, the services provided by the appellants fall under the taxable service of information technology software service (hereinafter referred to as itss ) vide clause zzzze of sub section (105) of section 65 of the finance act, 1994. ..... are not with mr.sridharan in his submission that the amendments/ deletions made with effect from 27.02.2010 are clarificatory and would govern all pending claims as well ..... the revenue reviewed the refund sanctioned, but not disbursed the same for the period october, 2010 to january, 2011 and filed an appeal before the commissioner (appeals) with regard to the refund granted to the appellants during .....

Commissioner of Income Tax Kolkata Xii Vs. M/S Calcutta Export Company

Court : Supreme Court of India

..... to bear the burden of such disallowance in the present assessment year.22) in order to remedy this position and to remove hardships which were being caused to the assessees belonging to such second category, amendments have been made in the provisions of section 40(a) (ia) by the finance act, 2010.23) section 40(a)(ia), as amended by finance act, 2010, with effect from 01.04.2010 and now reads as under: 4(a)(ia) any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services payable to a resident, or amounts payable to a contractor or sub-contractor ..... point(s) for consideration:-5) whether the amendment made by the finance act, 2010 in section 40(a)(ia) of the it act is retrospective in nature to apply to the present facts and circumstances of the case. ..... deposit of tds with the government.27) a proviso which is inserted to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the section, is required to be read into the section to give the section a reasonable interpretation and requires to be treated as retrospective in operation so that a reasonable interpretation can be given to the section as a whole.28) the purpose of the amendment made by the finance act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. .....