Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Sorted by: recent Court: kolkata Page 1 of about 232 results (0.101 seconds)

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... the commissioner before the cestat by way of an appeal. the petitioner also filed an application under section 35f of the central excise act, 1944 as applicable to service tax under section 83 of chapter v of the finance act, 1994 for stay of operation of the commissioner s order and for waiver of the pre-deposit of service tax amounting ..... to rs.1,94,44,470/- as also waiver of pre-deposit of interest and penalty. (4) the tribunal by its order dated 29th november, 2012 which is impugned in this ..... , adv.heard on : 9th april, 2015 judgment on : 9th april, 2015 arijit banerjee, j.(1) in the present writ application the petitioner challenges the order dated 29th november, 2012 passed by the customs.excise and service tax appellate tribunal (cestat).calcutta in appeal no.st/a/224/2010 which was filed by the petitioner against the order dated 26th .....

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... in 2014 (36) str37 wherein it was held that mere failure to disclose a transaction and pay tax thereon or a mere misstatement or mere contravention of the central excise act or the finance act, 1994, is not sufficient for invocation of the extended period of limitation. there has to be a positive, conscious, and deliberate action intended to evade tax ..... 10th september, 2004 to 15th june, 2005. on the basis of the said show cause notice the department initiated adjudication and passed an order dated 15th february, 2012 imposing on the petitioner the liability on account of service tax to the tune of rs.1,05,28,639/- and rs.2,10,573/- on account of ..... issued a show cause notice dated 7th september, 2009 covering the period 10th september, 2004 to 15th june, 2005 and, further, passed an order dated 15th february, 2012 pursuant to such show cause notice. the period covered by the said show cause notice over lappsed with the period covered by the impugned show cause notice dated 21st april .....

Commissioner of Central Excise, Bolpur Commissionerate Vs. M/S. Ultra ...

Court : Kolkata

..... appearing in support of the appeal, submitted that clause 84 of the finance bill, 2008, as introduced on 29th february, 2008, referred to chapter 25 of the central excise tariff act. he contended that the declaration made under the provisions of provisional collection of taxes act, 1931 with reference to clause 84 of the bill, as introduced, ..... was made with regard to enhancement of duty on cement to rs.900/- pmt, which was moved by way of amendment to finance bill, 2008 by the finance minister on 29.04.2008. therefore, the effective date of the enhancement in the present case would be the date of enactment i.e.10 ..... advocate mr.abhishek anand, advocate mr.tanmoy chakraborty, advocate the court : the subject matter of challenge in this appeal is a judgment and order dated 18th september, 2012 passed by the learned customs.excise & service tax, appellate tribunal allowing an appeal of the assessee holding, inter alia, as follows: undisputedly, no declaration under pcta .....

Smt. Renuka Prasad Vs. the Commissioner of Central Excise, Bolpur

Court : Kolkata

..... 09.2009, the commissioner of central excise, bolpur intended to impose a service tax to the tune of 3,13,41,209 together with education cess of rs.6,26,826/- and further sum of rs.88,666/- under s & he cess under proviso to section 73 (1) of chapter v of the finance act, 1994, interest at the ..... passed by the cestat by which an application for stay by way of waiver/dispensation of the pre-deposit condition is disposed of. section 35f of the central excise act requires the deposit of the duty demanded or the penalty levied as pre-condition to file an appeal. however, provisos inserted therein vested the discretionary power on ..... prospectively whereas the beneficial circulars should be applied respectively by placing reliance upon a judgment of the supreme court in case of suchitra components ltd. versus commissioner of central excise, guntur reported in 2007 (208) elt321(sc).lastly it is submitted that while considering an application for waiver of pre-deposit condition, when a good prima .....

Rai Bahadur G.V. Swaika Estates Pvt. Ltd. and anr. Vs. the Chief Commi ...

Court : Kolkata

..... 14th august, 2001 the appropriate authority in terms of said order of division bench passed an order under section 269ud(1) of the said act for purchase of the said property by the central government after having valued the same at rs.18 lakhs taking into account the total area of said flat at 6000 sq.ft. the appropriate ..... stated hereunder and the same are more or less undisputed:on 22nd october, 1984 agreement in writing was entered into between the appellant company and one m/s.karnani finance enterprises limited in respect of firs.floor flat at 4a, pollock street, kolkata (hereinafter referred to the said property) at a consideration of rs.18 lakhs for sale ..... the chief commissioner of income tax, kolkata-ii & ors.mr.k.gooptoo, learned advocate appears and submits md.nizamuddin, learned advocate appears and submits judgment on:25. 9.2012. k.j.sengupta, j.:the instant appeal is against the judgment and order of the learned single judge of this court dated 29th march, 2011 by which two writ .....

isg Traders Ltd Vs. Commissioner of Income-tax, West

Court : Kolkata

..... the new section retrospectively was to set the existing controversy on this issue at rest and not to unsettle the cases by raising the issue afresh. "23.2 through the finance act, 2002, a proviso to section 14a has been inserted so as to clarify that the assessing officer shall not reassess the cases under section 147 or pass an order enhancing ..... assessee under section 154, for any assessment year beginning on or before the 1st day of april, 2001. 7 the explanatory note on provision of section 14a as amended by finance act, 2002 has been given in circular 8 of 2002 dated 27th august, 2002 stating as follows [(2002) 258 itr (st.) 13 at 30, 31]: "23. amendment of section 14a ..... and in the circumstances of the case in view of the provisions of sections 115 o (5) and/or 14a of the income tax act, 1961 and/or the circular dated july 23, 2001, issued by the central board of direct taxes the appellant is entitled to deduction or interest amounting to rs.19,14,940?" mr. khaitan, the learned senior .....

Promising Exports Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 2009(168)LC253(Calcutta),2009(243)ELT3(Cal)

..... to reject the appeal. see, in this connection, the observations of this court in respect of section 129 prior to substitution of chapter xv by the finance act, 1980 in navin chandra chhotelal v. central board of excise & customs and ors. : 1981 e.l.t. 679 (s.c.) : 1971 3 scr 357. the proviso, however, gives ..... appellate tribunal') dismissing the appeals for non-compliance of the orders passed by it directing predeposit under section 35f of the central excise act, 1944 ('central excise act' for short) or under 129e of the customs act, 1962 (in short the 'customs act').2. it is to be noted that the writ petitions - i) w.p. no. 261 of 2008, ..... the appellate tribunal had dismissed the appeal for non-compliance of the order directing predeposit in violation of the provisions contained in section 35d of the central excise act and had thus exceeded his jurisdiction. in indrajit jash the petitioner has challenged the order passed by the appellate tribunal directing predeposit on the ground that .....

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Reported in : 2007(3)CHN625

..... is pending immediately before the commencement of section 40 of the finance act, 1984, before the appellate tribunal and any matter arising out of or concerned with such appeal and which is so pending shall stand transferred on such commencement to the central government and the central government shall deal with such appeal or matter under section 129dd ..... for the purposes of this sub-section, 'order passed under section 128a includes an order passed under that section before the commencement of section 40 of the finance act, 1984, against when an appeal has not been preferred before such commencement and could have been, if the said section had not come into force, preferred ..... 226 of the constitution of india preferred against an order of the tribunal passing a direction for deposit some amount in terms of section 35f of the central excise act, 1944. by relying upon the said decision, mr. basu wanted to impress upon us that a writ application is really maintainable against such order and .....

Ajay Kumar Tarafdar Vs. the Appropriate Authority and ors.

Court : Kolkata

Reported in : (2006)3CALLT645(HC)

..... purchase of the property by the central government for rs. 11,10,000/-. feeling aggrieved the petitioner moved this court by filing writ petition no. 5508 of 1987; a stay order was made.3. challenging the validity of the provisions of chapter xxc, inserted in the income-tax act, 1961 by the finance act, 1986, civil writ petition no. ..... narayanan v. mrs. margret kathleen gandhi and ors. : [1993]201itr681(sc) , they are entitled to get interest from either of the parties, that is, the central government or the petitioner whoever purchased the property. he says that in the facts and circumstances of the case his clients are entitled to get interest at the rate of ..... writ petitioner is aggrieved by the order of the appropriate authority, under section 269ud(1) of the income-tax act, 1961, dated may 13th, 2004 directing that the property in question would be deemed to be purchased by the central government for rs. 11,10,000/-, being the amount equal to the amount of apparent consideration.2. the .....

Prudential Capital Markets Ltd. Vs. Reserve Bank of India

Court : Kolkata

Reported in : II(2004)BC88,(2003)3CALLT333(HC),[2005]123CompCas764(Cal),[2004]55SCL591(Cal)

..... the company. the company shall not carry on any business of banking as defined by the banking regulation act, 1949, or any statutory modification thereof. 5. to manage investment pools, mutual funds, syndicates in shares, stocks, securities, finance and real estate.'2. as the said company was a non banking financial company it was to obtain ..... appeal, within a period of thirty days from the date on which such order of rejection or cancellation is communicated to it, to the central government and the decision of the central government where an appeal has been preferred to it, or of the bank where no appeal has been preferred, shall be final:provided that ..... in the same group; (iii) all other non-banking financial companies; and (2) the book value of debentures, bonds, outstanding loans and advances (including hire-purchase and lease finance) made to, and deposits with - (i) subsidiaries of such company; and (ii) companies in the same group.to the extent such amount exceeds ten per cent of (a .....