Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 4 of about 763 results (0.839 seconds)

Utv Software Communications Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... delay of thirty-five days in filing this appeal which could not be condoned under section 35 of the central excise act, 1944. the commissioner (appeals) appears to have overlooked the proviso to sub-section (1) of section 85 of the finance act, 1944 under which the commissioner (appeals) was empowered to condone the delay of a further period of ..... .3. it appears from the record that the letter was addressed to the commissioner (appeals) on 21-3-2006, pointing out the provisions of section 85 of the finance act, 1994, which provided the period of limitation of three months for preferring the appeal. the commissioner (appeals) appears to have dismissed the appeal on the ground that it ..... 2005. the appeal was required to be preferred within three months from the date of receipt of the said order under section 85(3) of chapter v of the finance act, 1994.since the appeal was filed on 12-9-2005, against the order issued on 27-4-2005, the commissioner (appeals), rejecting the stand of the appellant .....

The Prudential Assurance Company Ltd. a Company Incorporated in the Un ...

Court : Mumbai

Reported in : (2010)232CTR(Bom)12

..... that the commissioner was justified in seeking recourse to his revisional jurisdiction under section 263.8. chapter xix-b of the income tax act, 1961 was introduced with effect from 1 june 1993 by the finance act of 1993. the chapter makes a provision for advance rulings and constitutes an authority, presided over by a retired judge of the ..... the petitioner under section 263 and there is no reason for this court to exercise its extra ordinary jurisdiction under article 226 of the constitution; and (ii) the central board of direct taxes had in a circular dated 15 july 2007 directed the assessing officers to evaluate whether, in a given case, shares are held by the ..... case relates to assessment years 2004-2005 and 2005-2006. on 30 april 2001, the authority for advance rulings (aar) constituted under section 245 of the income tax act, 1961 held that the purchase and sale of shares by the petitioner was in the ordinary course of its business and the income which resulted from this, constitutes .....

Rasik Ramji Kamani Vs. S.i. Tripathi and Others

Court : Mumbai

Reported in : [1993]202ITR74(Bom)

..... of the commissioner under sub-section (1) or sub-section (3).'9. section 245h of the act confers power on the settlement commission to grant immunity from prosecution and penalty. section 245ha of the act was inserted by finance act, 1987, with effect from june 1, 1987. this section confers power on the settlement commission to ..... its security and even with full knowledge that to acquire or possess any valuable assets outside india without obtaining permission under foreign exchange, income-tax and other central acts would be illegal, the kamani group created legal agencies on its behalf in foreign countries but scrupulously avoided having any direct involvement with the companies set ..... to settlement of cases set out in chapter xix-a of the income-tax act. the income-tax settlement commission is set up under section 245b and consists of a chairman and as many vice-chairmen and other members as the central government thinks fit. the appointments are made from amongst persons of integrity and .....

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

..... any other central act for the time being in force.8. on a consideration of the above provisions, it would be clear that though earlier there was no mandatory time limit for the settlement commission to dispose of the application and it could as far as possible do within four years, by the finance act, 2007, ..... (3), which prohibited withdrawal of an application once filed before the settlement commission, remained on the statute book despite the amendments introduced by the 2007 act.(e) by finance act, 2008 section 273aa was introduced conferring power on the commissioner to grant immunity from penalty, if the commissioner was satisfied that the person has, after ..... was treated as confidential even if the petitioners application was not allowed to be proceeded with. what would be effect of section 278ab introduced by the finance act 2008, will be considered separately. 36. similarly, consequent to the amendment, if the application abates even for the reasons of the settlement commission's .....

North Karnataka Expressway Ltd. Vs. The Commissioner of Income Tax-10, ...

Court : Mumbai

..... highways and for matters connected therewith or incidental thereto. the statement of objects and reasons to this act reads as under: statement of objects and reasons the development and maintenance of national highways is fully financed by the central government as this function comes within entry 23 of the union list of the seventh schedule to ..... the state government. while the maintenance of national highways is the responsibility of the union government, under sec. 5 of the national highways act, that very provision empowers the central government to direct that any function in relation to the development and maintenance of a national highway shall also be exercisable by the concerned state ..... of the above material was placed before the division bench of allahabad high court which decided income tax appeal no.316 of 2011 on 8th november, 2012 (commissioner of income tax v/s. noida toll bridge co. ltd.). with greatest respect, the conclusion of the division bench rests only on section 32 .....

Raymond Limited, Under Companies Act, 1956 and Mr. Vasant Naag of Navi ...

Court : Mumbai

Reported in : 2009(5)BomCR174; 2009(111)BomLR2444; 2009(167)LC7(Bombay); 2009(240)ELT180(Bom)

..... .p. devadhar, j.1. whether, a manufacturer who manufactures goods falling under tariff heading 55.06 from duty paid inputs falling under heading 55.01 of the central excise tariff act, 1985 ('cet' for short) is entitled to the exemption under notification no. 30/2004 dated 9/7/2004 is the basic question raised in this petition.2 ..... ) of the table below and falling within the chapter, heading no. or sub-heading no. of the first schedule to the central excise tariff act, 1985 (5 of 1986) (hereinafter referred to as the central excise tariff act), specified in the corresponding entry in column (2) of the said table, from whole of the duty of excise leviable thereon ..... section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and in supersession of the notification of the government of india in the ministry of finance (department of revenue)no.07/2003-central excise dated the 1st march 2003, published in the gazette of india vide number g.s .....

Maharashtra State Electricity Board, Bombay Vs. Its Workmen (Excluding ...

Court : Mumbai

Reported in : (1968)IILLJ552Bom

..... absent from the working of those institutions. in this connection sri phadke laid emphasis on s. 19 of the electricity (supply) act, which lays down the general principles for the board's finance. the section runs thus : 'the board shall not as far as practicable and after taking credit for any subventions from the ..... have been separately listed in cls. (viii) and (ix) of s. 32. if the legislature intended to exempt the central electricity board or the state electricity board from the operation of the bonus act, they would certainly have specifically listed them under one of the clauses. 20. the union has filed a statement at ex. ..... for their own purposes by incorporated commercial corporations which are governed by their own constitutions, as authorized by the indian companies act cannot be described as carried on under the authority of the central government. the high court pointed out that the corporations are independent legal entities and run the industries for their own purposes, .....

Goa Bottiing Co. Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1989(1)BomCR68

..... of rule 57-a sets the matter at rest. it indeed provides that the excise duty paid under the central excise and salt act and the finance act, 1985, as well as the additional duty under the customs tariff act, 1975, paid on inputs shall be allowed as credit when used in or in relation to the manufacture ..... of the final products and that credit of duty so allowed shall be utilized for payment of duty leviable on the final product. undoubtedly as observed in the commentary to the central ..... 1987 and planned their entire scheme of production, finance, etc., on the basis of the modvat being available,' the petitioners did not care to place before us sufficient material, and for that matter any material, to establish that they acted upon the representation of the central government and have thereby altered their position.15. .....

C.K.P. Mandal Vs. the Commissioner of Central Excise

Court : Mumbai

Reported in : 2006(4)BomCR747; (2006)204CTR(Bom)274; 2006(4)MhLj669; 2006[4]STR183

..... the hirer of the appellant's hall (mandap) for official, social and business functions is chargeable to service tax within the meaning of section 65(90)(m) of the finance act, 1994? (ii) whether in the facts and circumstances of the case, the customs, excise and service tax appellate tribunal was right in law in holding that the appellant ..... rs.9,80,000/- was also paid by saideep caterers to the appellant towards consideration during the period 1997-98 to 2000-2001. 4. the superintendent, service tax, central excise range-3, mumbai-iv issued notice dated 19.2.2001 to the appellant regarding the service tax payable by the appellant on the aforesaid sum received from saideep ..... dated 22nd july, 2003. the said appeal came to be allowed vide order dated 17th december, 2003 and the order passed by the assistant commissioner of central excise dated 22nd july, 2003 was set aside. 6. the revenue went in appeal before the tribunal. the tribunal allowed the appeal and set aside the order dated .....

Bharmpal Panchal and Another Vs. Union of India and Others

Court : Mumbai

..... said section continued in clause (c) of the 1st proviso to section 127b(1), till 06-08-2014. it was only when section 127b(1) was amended, by finance (no.2) act, 2014, that reference to section 28ab ?, in clause (c) of the 1st proviso to section 127b(1) was substituted with section 28aa ?. 32. in the present case ..... determination of the duty under that section. (2) interest at such rate not below ten per cent and not exceeding thirty-six per cent per annum, as the central government may, by notification in the official gazette, fix, shall be paid by the person liable to pay duty in terms of section 28 and such interest shall be ..... / 31st january, 2013. in a nutshell, it is the case of the petitioners that after common investigation in the matter, three show cause notices dated 15th october 2012, 7th december, 2012 and 29th / 31st january, 2013 were issued to issued them. to settle the claims in these three show cause notices, the petitioners filed separate settlement applications before the .....