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Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: uttaranchal Page 1 of about 8 results (0.119 seconds)

Nov 17 2003 (HC)

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

..... effect from april 1, 2001. in this connection, it was further submitted that section 17(2)(vi) was inserted by the finance act, 2001, with effect from april 1, 2002, and, consequently, it was not open to the central board of direct taxes to issue the impugned notification dated september 25, 2001, with effect from april 1, 2001. it was ..... an end to such conflict, parliament inserted clause (vi) in section 17(2) by the finance act no. 14 of 2001 with effect from april 1, 2002, by stating that even the value of any other fringe benefit as may be prescribed by the central board of direct taxes be included within 'perquisite' as defined under section 17(2). the words ..... been so held by the above judgment and therefore, it was not open to the central board of direct taxes, which was a rule-making authority, to identify 'interest free loan/concessional loan' as a fringe benefit under section 17(2)(vi) (as inserted by the finance act, 2001) with effect from april 1, 2002. in this connection, it was .....

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Jul 26 2010 (HC)

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... central government. in this behalf it is pointed out, that licences for operating 'direct-to-home' (dth) broadcasting services are issued under the indian telegraph act 1885, as also, the indian wireless telegraphy act, 1933. it is also contended, that tax on broadcasting services, including 'direct-to-home' (dth) broadcasting service, is levied under the finance acts ..... central government. all the aforesaid regulatory measures were permissible under entry 31 of the union list, contained in the seventh schedule of the constitution of india. in addition thereto, tax on the 'direct-to-home' (dth) broadcasting, as a 'service' rendered by the petitioner company was imposed at different rates under the finance acts ..... tax practitioners and ors. we hold that parliament has legislative competence to levy service tax by way of the impugned finance act, 1994 and finance (no. 2) act, 1998 under entry 97 of list i on chartered accountants, cost accountants and architects. we further hold that the above .....

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Jul 04 2008 (HC)

The Commissioner of Central Excise Vs. Maha Laxmi Sugar Mills Company ...

Court : Uttaranchal

Reported in : (2008)219CTR(Uttranchal)393

..... commissioner, central excise, appeal no. st/69/04-nb(s) was preferred by the respondent-assessee before the cestat, who vide its impugned order dated 03 ..... by said order dated 29.01.2002, passed by deputy commissioner, central excise, a revision was entertained by commissioner central excise, who set aside the order passed by the deputy commissioner and imposed penalty of rs. 1,34,500/- on the assessee for violating the provisions of section 70 of the finance act, 1994. aggrieved by said order dated 27.01.2004, passed by .....

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Apr 05 2006 (HC)

Commissioner of Income-tax and anr. Vs. District Excise Officer

Court : Uttaranchal

Reported in : [2006]284ITR22(Uttaranchal)

..... immediately preceding the financial year in which the goods of the nature specified in the table in sub-section (1) are sold.13. the vires were challenged of the aforesaid finance act of 1988. the 13 hon'ble apex court in the case of union of india v. a. sanyasi rao manu/sc/0326/1996 : [1996]219itr330(sc) :17 ...we have ..... tax who fails to collect the tax in accordance with the provisions of this section, shall, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (3).(7) without prejudice to the provisions of sub-section (6), if the seller does not collect the tax or ..... any other mode of recovery.(3) any person collecting any amount under sub-section (1) shall pay within seven days the amount so collected to the credit of the central government or as the board directs.(4) any amount collected in accordance with the provisions of this section and paid under sub-section (3) shall be deemed as payment .....

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Jul 22 2005 (HC)

Sedco Forex International Inc. Vs. Commissioner of Income Tax

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)364; [2005]279ITR1(Uttaranchal)

..... prospecting for, or extraction or production of, mineral oils outside india.'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, w.e.f. 1st april, 2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and ..... are chargeable to income-tax in view of the aforesaid provision.8. chapter ix of the it act provides for double taxation relief. section 90(1) under the said chapter reads as under :'agreement with foreign countries.--(1) the central government may enter into an agreement with the government of any country outside india--(a) for the ..... granting of relief in respect of income on which have been paid both income-tax under this act and income-tax in that country, or(b) for the .....

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May 12 2008 (HC)

Commissioner of Income Tax and anr. Vs. Desh Rakshak Aushdhalaya Ltd.

Court : Uttaranchal

Reported in : (2008)218CTR(Uttranchal)7; [2009]313ITR140(Uttaranchal); [2009]178TAXMAN453(NULL)

..... the ao, and deleted the same. hence, this appeal by the revenue, on the ground that deletion of second proviso to section 43b of the it act, 1961 by finance act, 2003, is not retrospective in effect, and as such, the tribunal has allegedly erred in law in treating it deleted for the purposes of assessment, ..... learned standing counsel for the revenue/appellants argued that the deletion cannot be treated to be retrospective, as there is no express provision to this effect in the finance act, 2003, which indicates that the deletion would apply retrospectively. as against this, mr. s.k. posti, learned counsel for the respondent/assessee contended that the ..... account of delay in depositing said amount in relation to the employees contribution towards pf/epf by the employer into the credit of central government account, and denied deduction under section 43b of the act. respondent/assessee preferred appeal against said order, passed by the ao, before cit(a)-i, dehradun [hereinafter referred as cit( .....

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Jul 22 2005 (HC)

Sedco Forex International Vs. Cit, Dehradun

Court : Uttaranchal

Reported in : [2005]147TAXMAN389(NULL)

..... for, or extraction or production of, mineral oils outside india.'the following sub-section (3) shall be inserted after sub-section (2) of section 44bb by the finance act, 2003, with effect from 1-4-2004 :'(3) notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and gains than the profits and gains ..... chargeable to income-tax in view of the aforesaid provision.8. chapter ix of the income tax act provides for double taxation relief. section 90(1) under the said chapter reads as under :'agreement with foreign countries.(1) the central government may enter into an agreement with the government of any country outside india(a) for the ..... granting of relief in respect of income on which have been paid both income-tax under this act and income-tax in that country, or(b) for the avoidance .....

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Jun 27 2008 (HC)

The Commissioner of Custom and Central Excise Vs. India Glycols Ltd.

Court : Uttaranchal

Reported in : 2008(131)ECC51; 2008(157)LC51; 2008(230)ELT39(NULL)

..... is restrictive and reads as under:explanation - for the purposes of this section, - (1. 'capital goods' means, following goods falling within the schedule of the central excise tariff act, 1985 (5 of 1986) and used in the factory of the manufacturer, namely,-(a). all the goods falling under chapter 84 (other than those falling under heading 84 ..... d) and clause (e) were added to the existing definition of 'capital goods'. the same are reproduced, hereunder:(d) following goods falling within the schedule to the central excise tariff act, 1985 (5 of 1986) and used in the factory of the manufacturer.(i) all goods falling under heading nos. 84.02, 84.05, 84.06, 84. ..... i) to (viii) above;(x) refractories falling within chapter 69;(e) goods specified in the table in the notification of the government of india in the ministry of finance (department of revenue) no. 68/89customs, dated the 1st march, 1989, and used in the factory of manufacturer.7. learned counsel for the appellant contended that since .....

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