Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 3 of about 763 results (0.149 seconds)

Zee Telefilms Ltd. and Star India Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(110)ECC582

..... appellants, nor which could be found by us, imposition of penalty under various provisions of finance act, 1944 is not called for and is unsustainable. further, section 78 during the relevant time read as under: if the central excise officer in the courts of any proceedings under the chapter is satisfied that any person ..... is recoverable. further, recovery of interest is ordered under section 75 of the finance act, 1944. at the relevant time the section read as: section 75 - every person responsible for collecting service tax and paving it to the credit of the central government in accordance with the provisions of section 68, who fails to credit ..... advertisement tariff otherwise payable by the advertisers calculated by reference to the appropriate rate card.2.3 extract of the relevant statutory provision of chapter v of finance act, 1994 relating to advertising agency service, as they exist, at the material time are: advertising agency" means, any commercial concern engaged in providing any .....

Tej Control Systems Pvt. Ltd. Vs. Commissioner of Central Excise, Than ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... :- 2.1 the appellant, m/s.tej control systems pvt. ltd. thane, are manufacturers of goods falling under chapter 85 of the central excise tariff act, 1985. they have two registrations, one under the central excise act and other under the finance act, 1994 for the purpose of service tax. the appellant had availed cenvat credit of service tax on cha services. the department was of .....

Bajaj Auto Ltd. Vs. Commissioner of C Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(179)ELT481Tri(Mum.)bai

..... 1-8-2002, was not sustainable. the jt. commissioner of central excise & customs, aurangabad rejected the defence of bal and hence confirmed the demand and ordered its recovery together with interest under section 75 of the finance act, 1994, in terms of section 68 of the act, imposed penalty of rs. 1500/- for failure to obtain registration ..... 68, levy of interest under section 75 and imposition of penalty under section 75a, 76 and 77 for contravention of provisions of section 68 and 70 of finance act, 1994. service lax was proposed to be recovered on the ground that the services rendered by khi, japan were "engineering consultation services" on which service tax ..... kawasaki heavy industries, japan (hereinafter referred to as khi) in respect of consulting engineering services rendered by khi together with interest as per section 75 of the finance act, 1994 and imposition of penalty of rs. 3,84,500/-.2. the brief facts of the case are that bal manufacture, inter alia, motor vehicles falling .....

Narangs Hotels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)74ITD190(Mum.)

..... goods which in the ordinary course would not tantamount to or be regarded as "manufacture". the word "processing" has not been defined in the it act or the relevant finance act. according to the new webster's dictionary of the english language (encyclopaedic edition), "process" means "to treat or prepare by some particular process ..... departmental representative, shri deepak tralshawala, opening his arguments, first referred to the definition of "industrial company" as given in s. 2(8)(c) of the finance act, 1974, which is relevant for the assessment year under consideration. it reads as follows : "industrial company" means a company which is mainly engaged in the ..... 1948, or such further period as the central government may, by notification in the official gazette, specify with reference to any particular industrial undertaking." 29. as against these provisions, let us consider the definition of the term "industrial company" as per s. 2 of the finance act, 1997. it is as follows : "industrial .....

Commissioner of Income-tax Vs. Voltas Ltd. (i.T.R. No. 177 of 1980).

Court : Mumbai

Reported in : (1993)122CTR(Bom)201; [1993]205ITR569(Bom)

..... dividend'. further, in the reported case, the court has considered the first part of the explanation inserted in rule 1 of the first schedule to the surtax act, by the finance act, 1981, which was made applicable from april 1, 1981, that is from the assessment year 1981-82 while, in the present reference, we are concerned with ..... on the decision of this court in the case of cit v. tata chemicals ltd. [1988] 169 itr 314, he submitted that the circulars issued by the central board of direct taxes are binding on the income-tax authorities and, therefore, the surtax officer ought to have accepted the assessees contention in this regard. learned counsel ..... present reference, certain observations made by the court in connection with the explanation inserted in rule 1 of the first schedule to the surtax act, with effect from april 1, 1981, by the finance act, 1981, should not influence our mind in deciding the question referred to us.shri dwarkadas, learned counsel for messrs standard mills co. ltd .....

Commissioner of Income-tax Vs. Voltas Ltd.

Court : Mumbai

Reported in : [1994]205ITR569(Bom)

..... dividend'. further, in the reported case, the court has considered the first part of the explanation inserted in rule 1 of the first schedule to the surtax act, by the finance act, 1981, which was made applicable from april 1, 1981, that is from the assessment year 1981-82 while, in the present reference, we are concerned with ..... on the decision of this court in the case of cit v. tata chemicals ltd. [1988] 169 itr 314 he submitted that the circulars issued by the central board of direct taxes are binding on the income-tax authorities and, therefore, the surtax officer ought to have accepted the assessees' contention in this regard. learned ..... the present reference, certain observations made by the court in connection with the explanation inserted in rule 1 of the first schedule to the surtax act, with effect from april 1, 1981, by the finance act, 1981, should not influence our mind in deciding the question referred to us. 10. shri dwarkadas, learned counsel for messrs standard mills .....

Rashmikant Kundalia and Another Vs. Union of India and Others

Court : Mumbai

..... central government within the prescribed time, prepare such statements for such period as may be prescribed and deliver or cause to be delivered to the prescribed income tax authority or the person authorised by such authority such statement in such form and verified in such manner and setting forth such particulars and within such time as may be prescribed. (inserted by finance act ..... validity of which is challenged before us. 11. section 234e, the constitutional validity of which is challenged before us, was brought into the income tax act, 1961 with effect from 1st july 2012. the said section reads as under:- g levy of fee in certain cases 234-e. fee for default in furnishing statements. (1) without prejudice to ..... delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of july, 2012. 12. on a perusal of sub-section (1) of section 234e, it is clear that a fee is sought to be levied inter alia on a person .....

Transweigh (India) Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(170)ELT527Tri(Mum.)bai

..... . these activities of rendering technical services were however not disclosed to both central excise authorities as well as service tax authorities. the said collection of technical service charges, were revealed only during the audit.4. in terms of section 65 (18) of the finance act, 1944, "any professionally qualified engineer or engineering firm who either directly ..... original, the demand of service tax of rs. 3,12,320/- along with interest of rs. 84,929/- was confirmed against them under section 75 of the finance act, 1994 towards their liability for service tax. the service tax was levied on the appellants in respect of "the consulting engineer's services" rendered by them. ..... 2002 (140) elt 341 (cal) in the case of m.n. dastur & company ltd., v. union of india, wherein it has been held that, the act does not make any distinction between different categories of service providers, be they individuals, partnership concerns or the incorporated companies.7. in the light of the judgments as .....

Jt. Commissioner of Income-tax, Vs. D.C. Polyster Pvt. Ltd., Sir

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD394(Mum.)

..... of the purport of section 115j is contained in circular no. 4952, dated september 22, 1987, issued by the central board of direct taxes. the circular gives explanatory notes on the provisions relating to direct tax in the finance act. with reference to section 115j, it was said : section 115j, therefore, involves two processes. firstly, an ..... -sections (1) and (2), section 115j is in keeping with the avowed purpose for which chapter xii-b was introduced in the act by the finance act, 1987. this was stated by the finance minister in his budget speech1 in the following manner. it is only fair and proper that the prosperous should pay at least some tax ..... assessing authority has to determine the income of the company under the provisions of the income-tax act. secondly, the book profit is to be worked out in .....

Mahindra and Mahindra Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(186)ELT216Tri(Mum.)bai

..... . commissioner were with the approval of commissioner of central excise, mumbai.1.6 hence this appeal against letter dated 11.08.2004 of jt.commissioner.2.1 the appeal was heard. lot of interesting and learned plea were made by both sides on the interpretation of rule 6b, the levy of education cess under finance act and catena of decision were relied upon ..... credit rules 2002. they gave a detailed interpretation of their understanding of rule 6(3)(b) & rule 6(5) (vi) vide letter dated 31.07.204 to the commissioner of central excise, mumbai and followed it up with a letter dated 4.08.2004.1.4 the jt. commissioner vide his letter dated 11.08.2004 directed the appellants not to ..... . commissioner have the approval of the commissioner yet it is not more than an order of a commissioner at the best.2.3 an appeal under section 35b of the central excise act, 1944 be entertained against an order of a commissioner as an adjudicating authority. in this case the commissioner has applied his mind but not .....