Court : Punjab and Haryana
Reported in : (2009)225CTR(P& H)203; [2009]20STT264; (2009)23VST177(P& H)
..... registration certificate in form st2 for payment of service tax as 'clearing and forwarding agent'. under section 70 of the finance act, 1994 every person liable to pay service tax is required to furnish to the proper officer of central excise a return in the form of st3. as per amended rule 7(1) of service tax rules, 1994 the ..... that service rendered did not satisfy the requirement of clearing and forwarding.4. the tribunal while placing reliance on sub-clause (j) of section 65(105) of the finance act, 1994 has held that levy of service tax is attracted in respect of service rendered 'in relation to clearing and forwarding operations'. according to the tribunal the definition ..... show-cause notice dated 15-6-2001 was issued by the deputy commissioner, ambala division as to why penalty be not imposed upon them under section 77 of the finance act, 1994 for contravention of section 70. a penalty of rs. 1,000 was imposed and the assessee-respondent was directed to pay service tax on the taxable .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009[14]STR608
..... in form s.t. 2 for payment of service tax as 'clearing and forwarding agent'. under section 70 of the finance act, 1994 every person liable to pay service tax is required to furnish to the proper officer of central excise a return in the form of s.t. 3. as per amended rule 7(1) of service tax rules, ..... that service rendered did not satisfy the requirement of clearing and forwarding.4. the tribunal while placing reliance on sub-clause (j) of section 65(105) of the finance act, 1994 has held that levy of service tax is attracted in respect of service rendered 'in relation to clearing and forwarding operations'. according to the tribunal the definition is ..... show cause notice dated 15-6-2001 was issued by the deputy commissioner, ambala division as to why penalty be not imposed upon them under section 77 of the finance act, 1994 for contravention of section 70. a penalty of rs. 1000/- was imposed and the assessee-respondent was directed to pay service tax on the taxable service rendered .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)223CTR(P& H)375; [2009]17STJ269(P& H); [2009]20STT182
..... of removal.4. he has further argued that the words and expression used in cc rules and not defined but are defined in the 1944 act or the finance act, 1994 (for brevity, 'the 1994 act') are to have the meaning respectively assigned to them in those enactments. in that regard reliance has been placed on rule 2(t) of ..... the circular issued by it. he has placed reliance on a judgment of hon'ble the supreme court rendered in the case of paper products ltd. v. commissioner of central excise : 1999ecr284(sc) . while concluding his submissions learned counsel has prayed that both the questions which have emerged from the order of the tribunal deserved to be answered ..... the revenue. it is undisputed that the appellant being a manufacturer and consigner has paid service tax on the value of goods transported by it by road. the central board of excise and customs (cbec) has issued a circular dated 23.8.2007 dealing with the issue concerning 'up to what stage manufacturer/consigner could take credit .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]310ITR447(P& H); [2009]181TAXMAN209(Punj& Har)
..... concerned, it is the conceded position at the hands of the learned counsel for the rival parties that the controversy has been settled by this court in cit v. punjab finance corporation ltd. [2007] 295 itr 510 (p & h) (i.t.r. no. 113 of 1990 decided on march 12, 2007) as also by the apex court in cit v. ..... , on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that deduction under section 36(1)(viii) of the income-tax act, 1961, is allowable at the prescribed percentage of the total income before making deduction under section 36(1)(viii) itself?3. whether, on the facts and in the circumstances ..... (hereinafter referred to as 'the act'). section 199(1) of the act is being extracted hereunder:199. credit for tax deducted.-(1) any deduction made in accordance with the foregoing provisions of this chapter and paid to the central government shall be treated as a payment of tax on behalf of the person from whose income the deduction was made, or of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)221CTR(P& H)225; [2009]309ITR194(P& H); [2009]177TAXMAN103(Punj& Har)
..... been enacted with a view to prevent diversion of profits in intra group transactions leading to erosion of tax revenue. the said provisions have been incorporated vide finance act, 2001 and further amended vide finance act, 2002. having regard to the object for which provisions have been enacted, applicability of the said provisions has to be limited to situations where there is ..... : [2006]287itr91(sc) . it was submitted that opportunity had become all the more necessary in view of amendment w.e.f. 1st june, 2007 vide finance act, 2007, amending section 92ca(4) of the act to the effect that order of the tpo would be final and binding on the ao and the ao has to determine the price in conformity with ..... , as has been said, must not be construed in any narrow and pedantic sense. gwyer, c.j. in in re the central provinces and berar act, 14 of 1938 (1939) fcr 18, observed at pp. 36-37 that the rules which apply to the interpretation of other statutes apply equally to the interpretation of a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)214CTR(P& H)561; [2008]300ITR186(P& H)
..... 43(1), explanation 8, deduction under section 36(1)(iii) or 37 cannot be claimed which stands clarified by the insertion of the proviso therein under the finance act, 2003. as such the assessee cannot claim any benefit of section 36(1)(iii) or section 37 in this case. the learned tribunal was right in ..... as a revenue expenses. for the purpose, reliance is placed on challapalli sugar limited's case (supra), sivakami mills' case (supra), ritz continental hotels ltd. v. commissioner of income-tax central- ii, calcutta : [1978]114itr554(cal) , addl. commissioner of income-tax, a.p. v. akkamba testiles ltd. : [1979]117itr294(ap) , addl. commissioner of income-tax, ..... ltd. v. cit (supra); cit v. tensile steel ltd. : [1976]104itr581(guj) ; ballarpur paper and straw board v. cit : [1979]118itr613(bom) and cit v. new central jute mills : [1982]135itr736(cal) .while dealing with an identical issue, calcutta high court in jct ltd. v. deputy commissioner of income-tax and anr. : [2005]276itr115(cal) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)215CTR(P& H)65
..... shows that any deduction made of tax at source and paid to the central government is required to be treated as payment of tax on behalf of the person from whose income the deduction was made. however, w.e.f. 1st april, 1997 amendments were introduced by finance act, 1996 which resulted into addition of words 'depositor' or 'owner of ..... property' or 'owner of security' or 'unit holder' as the case may be. therefore, it has to be accepted that any deduction made of tax at source and paid to the central government is required to be treated as payment ..... to him if the amount so deducted on the production of the certificate furnished under section 203 in the assessment made under this act for assessment year for which such income is assessable. i find that by finance act, 1996 w.e.f. 1st april, 1997 the words 'or depositor or owner of the property or of the unit holder' .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)20VST883(P& H)
..... facts of the case are that the petitioner-company is having its factory at hisar. it has been registered under the haryana general sales tax act, 1973 as well as the central sales tax act, 1956. it is claimed that the petitioner-company had set up its plant by incurring total cost of rs. 127.06 lacs. sales tax ..... company:sh. g.s. aggarwal, advocate appeared before the committee and explained that discontinuation of business since 2000 was beyond the control of the appellant. this was hfc financed unit. bifr has declared this unit sick. htfc was deputed to work out the study of rehabilitation of the unit and supplied to bifr. the company could not ..... (2)(e) of the haryana general sales tax rules, 1975 (for brevity, 'the rules') read with section 3(1)(o) of the sick companies (special provisions) act, 1985 and the haryana financial corporation has been appointed as operating agency to work out revival scheme for the petitioner-company. in these circumstances, the deputy excise and taxation .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008(125)ECC26; 2008(151)LC26(P& H); 2008(229)ELT195(P& H)
..... head. in this particular case the onus had not been discharged by the revenue. the only evidence on record was the opinion sought for by the ministry of finance itself and given by the department of telecommunications to the effect that the model lsp 340 was in fact covered by the phrase 'cellular telephone'. since there is ..... the same is liable to be quashed and set aside....12. still further safeguard in the form of provision of section 24 of the act is available, which enables the central government to frame rules for permitting for denaturing or mutilation of the imported goods, which are ordinarily used for more than one purpose and charge duty ..... in tata teleservices limited v. commissioner of customs 2006 (194) e.l.t. 11 (s.c.) the supreme court considered the validity of the circular issued by the central board of excise and customs defining the phrase 'cellular phones' mentioned at item no. 13 of the exemption notification by saying that a telephone would not be considered as .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2007(123)ECC302; 2007(149)LC302(P& H); 2007(216)ELT181(P& H)
..... application before the commission was filed before the cognisance of the complaint has been taken by the court. at this juncture the bench pointed out that the wordings in the finance act and decisions relied upon by the ld. advocate relate to an expression, '...where prosecution for any offence...has been instituted...' whereas on the other hand, the proviso ..... such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act or under the indian penal code (45 of 1860) or under any other central act for the time being in force and also either wholly or in part from the imposition of any penalty, fine and interest ..... a full and true disclosure of its due liability to pay duty then it may grant immunity from prosecution for any offence under the act or under the indian penal code or under any central act and could also wholly or in part impose any of the penalty, fine and interest with respect to the case covered by the settlement .....
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