Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter v service tax Court: kolkata Page 12 of about 250 results (0.177 seconds)

Abn Amro Bank Nv Vs. Assistant Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)280ITR117(Kol.)

..... the purposes of the business or profession carried on by such person in india.12. by virtue of provisions of section 90 of the it act, the central government may enter into an agreement with the government of any other country outside india for granting relief in respect of income on which have ..... is wholly owned by the government of the kingdom of the netherlands or the local authorities; the netherlands financierings maatshappji voor ontwikkelings landen n.v. (netherlands finance company for developing countries) and the netherlands investerings bank voor ontwikkelingslanden n.v. (netherlands investment bank for developing countries) : all other institutions as may ..... by any resident of the other contracting state with respect to debt-claims guaranteed or indirectly financed by the government of that other contracting state, a political sub-division or a local authority thereof, the central bank of that other contracting state or any financial institution wholly owned by that government .....

Company Limited and Anr. Vs. Deputy Commissioner of Income Tax,

Court : Kolkata

..... cover up probable diminution in the value of assets, that is, a debt. he contends that, soon after hcl comnet systems and services ltd.(supra) the finance (no.2) act, 2009 was introduced to the parliament on july 6, 2009 containing proposals for insertion of clause (g) of explanation to section 115ja(2) with retrospective effect ..... has to be held to be oppressive and confiscatory. the retrospectivity, therefore, fails the test of articles 14, 19(1)(g) and 265 of the constitution. referring to 2012 (348) income tax reports page 391 (guj.) (avani exports & ors.v.commissioner of income tax & ors.) learned senior advocate for the petitioners submits that, when ..... the writ petition should be dismissed. the constitutional validity of clause (i) of explanation 1 to section 115jb(2) of the income tax act, 1961 as inserted by the finance (no.2) act, 2009 with retrospective effect from april 1, 2001 is the subject matter of the present writ petition. the constitutional validity of such a provision .....

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 .....

Piu Ghosh Vs. Deputy Commissioner of Income Tax, Circle52 and Ors.

Court : Kolkata

..... shall be deemed to have come into force on 1st april, 2004 except as otherwise provided. clause (ia) was added to section 40 by section 11 of the aforesaid finance act of 2004. section 11 provides that the law shall be deemed to come into effect on 1st april, 2005. he contended that the authorities below were wrong in not allowing ..... force. therefore, as regards applicability of the law there can be no doubt. he also drew our attention to section 4 of the income tax act which provides as follows : 4. (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be ..... is there any scope for confusion. even in a case where there is any ambiguity, law in that regard was noticed by the supreme court in the case of cit (central)-i versus vatika township pvt.ltd., reported in (2014) 367 itr466(sc).as follows : tax laws are clearly in derogation of personal rights and property interests and are, therefore .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... dig, cbi, to inquire into the matter, would not be open to attack for want of sanction under section 6 of the act.114. again in the case of central bureau of investigation v. state of rajasthan (supra), it has been reiterated that powers of the high court under article 226 of ..... ;3. ratnakar vishwanath joshi v. life insurance corporation and ors. reported in 1975(1) llj 501 (para-61);4. sukhdev singh and ors. v. the industrial finance corporation and ors. reported in : (1975)illj399sc .57. the learned advocate general, thereafter, submitted that even on the touchstone of article 21 of the constitution of ..... 4)25. sabitri bijli (f) do do do26. kabita das (f) nitai do do27. durgapada maity ramhari roynagar do------------------------------------------------------------------------14. the raids conducted by the central bureau of investigation (cbi) has led to recovery of arms and ammunitions from the janani brickfield and other documentary evidence from the office room of the brickfield. .....

Commissioiner of Income Tax, Koliv Vs. M/S. Andaman Sea Food Pvt. Ltd.

Court : Kolkata

..... by the recipient or consideration which would be income of the recipient chargeable under the head salaries . he also drew our attention to the explanation introduced by the finance act, 2007 with retrospective effect from 1st june, 1976 which provides as follows: explanation.- for the removal of doubts, it is hereby declared that for the purposes of ..... the transaction to which the agreement arrived at by them shall be applicable. court cannot extend the field of article-7 of the agreement entered into between the central government and the government of singapore. the word business may be used as a word of indefinite import . the word business is a word of general use. ..... k. murarka, advocate with mrs.s.roy chowdhury, advocate the court : the subject matter of challenge in this appeal is a judgment and order dated 19th june, 2012 by which the learned income tax appellate tribunal agreeing with the views of the cit (a) dismissed an appeal preferred by the revenue. aggrieved by the order of .....

Texmaco Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1992(59)ELT522(Cal)

..... column (3) of the said table, from the whole of the duty of excise leviable thereto, which is specified in the schedule to the central excise tariff act, 1985 (5 of 1986);provided that nothing contained in this notification shall apply to inputs used in or in relation to the manufacture of final ..... schedule to the central excise tariff act,1985 (5 of 1986)notificationno. 452/86-central excises2. in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944, the central government hereby makes the following amendments in the notification of the government of india in the ministry of finance (department of revenue ..... ) no. 214/86-central excise .....

Indian Oil Corporation Limited Vs. Senior Joint Commissioner, Commerci ...

Court : Kolkata

..... bitumen being refined to obtain such products. as far as pmb and crmb are concerned, the matter has been laid to rest by a judgment reported at (2012) 2 scc282(commissioner of central excise, bangalore-ii v. osnar chemical private limited). in the context of pmb and crmb, the supreme court held that the process of mixing polymers and ..... the state has also placed an extract from paragraph 2.2 of a white paper on state-level value added tax . presented by an empowered committee of state finance ministers in 2005. the concept of value added tax and the setting off of input tax credit referred to in the extract, does not throw any light on the ..... emulsion or other bituminous products not being created by the state, is whether bitumen emulsion is relatable to bitumen in the existing scheme apparent from the schedules to the act of 2003. for such limited purpose, which may not hold if a distinct classification were to be introduced, the relevant considerations pertain to the commercial natures of .....

income Tax Officer Vs. Kanchan Oil Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)92ITD557Cal

..... to the provisions of sub-section (7) of section 80ia. in support of his contention, the ld. counsel for the assessee has placed reliance on the following decisions :- ii)cit, central, madras -v.- canara workshop pvt. ltd.(161 itr 320) (sc), iii)cit(wb) -v.- o. belliss and morecom (i) ltd. (136 itr 481)(cal.); 7. we have ..... shows that section 80-ia(7) enacts provisions of overriding nature. section 80-ia(7) is a part of section 80ia, which was newly inserted in the income tax act by the finance (no. 2) act, 1991 w.e.f. 1.4.1991. it starts with the words "notwithstanding anything contained in any other provisions of this ..... for computation of the profits and gains derived from eligible industrial undertaking "under section 80ia. according to section 80ia(7), notwithstanding anything contained in any other provision of the act, the profits and gains of an eligible business to which the provisions of sub-section (1) of section 80ia apply shall, for the purpose of determining the quantum of .....

Deputy Commissioner of Income Tax Vs. Lipton India Ltd.

Court : Kolkata

Reported in : (1996)56TTJ(Cal)143

..... amount of refund, then it can correctly be said that a mistake has been committed by the ao being amenable for rectification, as provided in s. 154 of the act. the central board of direct taxes (board, for short) in its circular no. 209, dt. 11th jan., 1977 [printed at 1977 ctr (jour) 51] have clarified as under ..... 1958]34itr143(sc) that misapplication of law, whether to the detriment of taxpayer or otherwise, is a mistake apparent on record rectifiable as provided in s. 154 of the act. rectification of mistake in accordance with the provisions of s. 154 is not merely confined to clerical or arithmetical errors only. it embraces even mistakes of law committed either ..... his attention only to a few words appearing in s. 244(1a) and did not read it conjointly with the threshold provision contained in s. 237 of the act in the chapter relating to refund. the entire scheme of refund, as contained in chapter xix envisaged different situation, including where tax has been collected through coercive .....