Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Sorted by: recent Court: kolkata appellate Page 1 of about 39 results (0.059 seconds)

Dcit Vs. S.G. Investments and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)89ITD44(Kol.)

..... inserting 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 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 of pass an order ..... payable by such company. (3) the principal officer of the domestic company and the company shall be liable to pay the tax on distributed profits to the credit of the central government within fourteen days from the date of - (4) the tax on distributed profits so paid by the company shall be treated as the final payment of tax in ..... incurred by the assessee in relation to income which does not form part of the total income under the income-tax act. 25.3 vide circular no. 11/2001 dated 23rd july, 2001, a direction was issued by the central board of direct taxes that the assessments where the proceedings have become final before the first day of april, 2001 .....

R.P.C. Industries Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)85ITD105(Kol.)

..... the assessment year 1977-78 and subsequent years." as a result of omission of section 109, explanation to section 73 was amended with effect from 1-4-1988 by the finance act, 1987 (11 of 1987). as per explanation to section 73, where any part of a business of a company other than (i) for assessment years 1977-78 to 1987-88 ..... provisions of section 43(5) and of explanation to section 73. as far as scope of explanation to section 73 is concerned, it may be relevant to quote from the central board of direct taxes circular no. 204, dated 24-7-1976 which inter alia states as follows : "section 73 provides that any loss computed in respect of speculation business carried ..... elaborated in para nos. 19.1 to 19.3 of circular no. 204, dated 24-7-1976 of the central board of direct taxes as under : "19.1 treatment of losses in speculation business-section 73 section 73 of the income tax act provides that any loss computed in respect of speculation business carried on by an assessee will not be set .....

Som Datt Builders (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)29ITD495(Kol.)

..... and the rules made thereunder.15. section 80ab was introduced in 1980 with effect from 1-4-1981 by the finance (no. 2) act, 1980. the purpose and objects of this section are fully explained by the central board of direct taxes in paragraph 15 of its circular no. 281, dated 22-9-1980. it is pointed out that both ..... -3-1988 and 5-7-1988 appearing at pages 105 and 104 respectively of paper book no. 1. these are letters of the ministry of finance, department of revenue not accepting audit objections. the central board of direct taxes made it clear to the joint director (ra), office of the c & ag of india that section 80hhb speaks of ..... the ito fully applied his mind and took into consideration all necessary statements, details and particulars furnished by the appellant-company to him. he has reiterated that even the central board of direct taxes in its two letters clearly agreed that the ito had properly granted the reliefs in the appellant-company's case. he has distinguished the judgment .....

M/S. Adyant Education Pvt. Ltd. Vs. Commr. of Central Excise, and S. T ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... deposit passed by the ld. commissioner (appeal) under section 35f of cea, 1944 as applicable to service tax cases by virtue of section 83 of the finance act, 1994. in the result, we dismiss the appeal filed by the appellant. however, the appellants are at liberty to approach to commr. (appeals) for appropriate order in relation ..... appeal filed before the ld. commissioner (appeals) under section 85 of the finance act, 1994 is yet to be decided. in the result, we do not find merit in the appeal filed by the appellant before this tribunal against the order of pre- ..... interim order passed under section 35f of cea, 1944 which should not to be entertained by this tribunal, as it is not an order unser section 85 of the finance act, 1994. 4. we find from the impugned order that the ld. commissioner has issued a direction to the appellant for pre-deposit of the service tax amount. the .....

Commissiooner of Customs(Port), Kolkata Vs. M/S. Payodhi Foods Pvt. Lt ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... to review the position. learned member(technical) in his order in para 10 has held that section 35b of the finance act does not mandate that the review once done cannot be reopened or revised. the section 35b of the ce act does not provide any remedy for reopening the review committees decision. there is no provision in law to enable any ..... .) he submitted that tribunal can condone the delay in filing the appeal before commissioner(appeals) in view of the decision of the larger bench in the case of commissioner of central excise, raipur vs. monnet ispat and energy ltd. 2010 (257) e.l.t. 239 (tri.- lb), wherein para 46 of the above order reads as under :- 46. [order]. in ..... the appeal, the period stipulated for filing the appeal under section 129d(4) cannot be condoned as held by the apex court in the case of thakkar shipping pvt.ltd. 2012 (285) elt 321(sc). 5. ld.consultant submits that in this case the order of the lower authority was accepted by the review committee and a decision was taken .....

M/S. Kirloskar Brothers Ltd. Vs. Commissioner of Central Excise and Se ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... an application seeking waiver of pre-deposit of service tax of rs.4.78 crores and equal amount of penalty imposed under section 78 and penalty under section 76 of finance act, 1994. 2. at the outset shri j.p.khaitan, ld.sr.advocate for the applicant submits that during the period from october, 2004 to march, 2008, the ..... installation services. 3. the ld.sr.advocate disputed the said finding of the ld.commissioner. he submits that they have subsequently obtained a clarification vide letter dt.14.03.2012 from m/s.ntpc, wherein, it has been clarified that the amount of rs.52,15,40,000/- is not towards only installation services but it comprises both towards ..... s.ntpc are only in relation to installation services and not the civil construction as claimed by them. the ld.a.r. submits that subsequent letter dt.14.03.2012 collected by applicant from m/s.ntpc, was not before the commissioner as the said letter was obtained after completion of adjudication proceeding. he has submitted that the said .....

M/S. Parag Enterprises Vs. Commissioner of Central Excise, Jamshedpur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

dr. d.m. misra, j. 1. vide order no.so/71464/2013 dated 10.12.2013 this tribunal directed the applicant, after hearing their counsel to deposit 25% of the service tax confirmed within a period of eight weeks and report compliance on 18.02.2014. on 18.02.2014 the matter was adjourned to 19.03.2014. on 19.03.2014 the proprietor of the applicant company shri pankaj singh appeared and sought time up to today to report compliance. 2. none appeared today nor there is any report of compliance. 3. the ld.a.r. for the revenue submits that in absence of compliance of the direction of pre-deposit, the appeal is liable for dismissal. 4. since the applicant has failed to comply with the direction of pre-deposit dated 10.12.2013 in spite of repeated adjournments, their appeal is dismissed for non-compliance with the provisions of section 35f of central excise act, 1944 as made applicable to service tax cases by virtue of section 83 of finance act, 1994. appeal dismissed.

M/S. Swapan Electricals Vs. Commissioner of Central Excise and Service ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... waiver of pre-deposit of service tax of rs.49.90 lakhs and equal amount of penalty imposed under section 78, rs.10,000/- under section 77 of the finance act, 1994. 6. at the outset the ld.consultant for the applicant submits that the ld.commissioner(appeals) has not decided the issue on merit, but dismissed their appeal ..... has not decided the issue on merit, but dismissed the appeal filed by the appellant for non-compliance with the direction of pre-deposit under section 35f of central excise act, 1944 as applicable to service tax matters. we find that the issue involved in the present case relates to leviability of service tax on various services rendered by ..... 2. the ld.consultant submits that they cannot operate their business because of the recovery notice issued to their clients and bankers by the department way back in may 2012. pursuant to the high court orders the present miscellaneous application is filed for early hearing of their stay application. 3. the ld.a.r. for the revenue has .....

M/S. B.S.N.L. Vs. Commissioner of Central Excise and Service Tax, Ranc ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... both sides. 2. this is an application for waiver of predeposit of service tax of rs.12.75 crores and equal amount of penalty imposed under section 78 of the finance act, 1994. 3. at the outset, the ld.c.a. appearing for the applicant, has submitted that the issue involved in the present case is similar to the appeals ..... initially the payment of dot has not been accepted by the department as discharge of their service tax liability since the amount has not been paid to the ministry of finance, deptt. of revenue, after the appellant separated from dot. however, from the orders submitted by the ld.chartered accountant, we find that the commissionerates at jamshedpur and ..... re-consideration of the payment made to dot as discharge of liability towards service tax vide order no.s-597-601, a-418-422/kol/12 dated 28.06.2012. following the said precedent, we remand the matter to the adjudicating authority for re-consideration of all issues afresh. consequently, we are of the opinion that the present .....

M/S. Apolo Security and Detective Services Vs. Commissioner of Service ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... predeposit of service tax of rs.4.02 lakhs and equal amount of penalty imposed under section 78 and penalty of rs.1,000/- imposed under section 77 of the finance act, 1994. 3. at the outset, the ld. consultant appearing for the applicant, has submitted that the ld. commissioner (appeals) has dismissed their appeal on the ground of non-compliance with .....