Judgment Search Results Home > Cases Phrase: finance act 2012 central section 143 amendment of act 32 of 1994 Page 1 of about 5,990 results (0.292 seconds)

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

..... thereafter, parliament enacted the finance act, 2012 amending the fa by inserting sections 65b (22), 65 b (44), 66b and 66e. ..... 1.1 the challenge in this petition under article 226 of the constitution of india is to the constitutional validity of section 65 (105) (zzzzv) of the finance act 1994 (fa) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in any part of its establishment serving food or beverage, including alcoholic beverages or both, in its premises has been made amenable to service tax ..... 12/2012-service tax dated 17th march 2012 the union of india exempted various taxable services from the whole of the service tax leviable under section 66b of the finance act, 1994. ..... the court accordingly: (i) upholds the constitutional validity of section 65 (105)(zzzzv) read with section 66e (i), section 65 (22) of the finance act 1994 as well as rule 2c of the service tax (determination of value) rules, 2006; (ii) strikes down section 65 (105) (zzzzw) of the finance act 1994 pertaining to levy of service tax on the provision of short-term accommodation and the corresponding instructions/circulars seeking to operationalise the levy as unconstitutional and invalid. 78. ..... (f) after section 66a, the following sections shall be inserted with effect from such date as the central government may, by notification, appoint, namely: charge of service tax on and after finance act, 2012. ..... the relevant provisions of the finance act 2012 read as under: 143. .....

Rastriya Ispat Nigam Limit Vs. Asst. Commissioner of Income Tax and An ...

Court : Andhra Pradesh

..... the parliament again amended section 32 of the act by finance act, 2001 w.e.f.01-04-2002 and the original provisions of section 32 of the act were restored, removing the time limit of eight years that was introduced ..... the question arose for consideration against the facts that the assessee had filed its returns for the assessment years 1994-95, 1995-96 and 1996-97 on 23-11-1994, 27-11- 1995 and 26-11-1997 respectively and the assessment for the year 1994-95 was completed on 27-02-1997 and those of the assessment years 1995-96 and 1996-97 were completed on 12-05-1997 ..... , he submitted, the order of assessment under section 143 (3) of the act dated 26-03- 2007 merged with the order of reassessment under section 147 dated 19-03-2010 and, therefore, the period of limitation would start to run from 31-03-2010, and would expire on 31-03-2013, and since the notice was issued on 31-08-2012, it cannot be stated to be barred by ..... when reassessment is made under section 19 (of the madhya pradesh central sales tax act, 1958), the former assessment is completely reopened and in its place ..... on the basis of a clarification issued by the finance minister, the central board of direct taxes issued circular no.762, dated 18-02-1997 clarifying that depreciation ..... h.m.esufali h.m.abdulali( ) the supreme court dealt with reassessment made under section 19 of the madhya pradesh central sales tax act, 1958 and held that when reassessment is made, the former assessment is completely reopened and in its place .....

M/s. Vedanta Limited Vs. Commissioner of Central Excise and Another

Court : Chennai

..... section 35g of central excise act, 1944, made applicable in terms of section 83 of finance act, 1944, against the order passed by the customs, excise and service tax appellate tribunal, south zonal bench at chennai in misc.order no.41202/2015, dated 11.9.2015, rejecting the application no.st/misc/40613/2015 in st/40826/2014, filed by the appellant to modify the miscellaneous order no.40855/2015, dated 29.5.2015, disposing of an application presented under section 5b of the central excise act, 1944, read with section 86 of the finance act, 1994 ..... section 35g of central excise act, 1944, made applicable in terms of section 83 of finance act, 1944, against the order passed by the customs, excise and service tax appellate tribunal, south zone bench at chennai in miscellaneous order no.40855 of 2015, dated 29.5.2015, disposing of an application presented under section 35b of the central excise act, 1944, read with section 86 of the finance act, 1994 ..... service provided having relation to underwriting of shares of the indian company (appellant) provided in any manner brings that service to fold of section 65 (105) z of the finance act, 1994, and also considering the scheme of reverse charge mechanism, appellant is directed to deposit rs.7,00,00,000/- (rupees seven crores only) within eight weeks ..... the facts and circumstances of the case, and in view of the fact that, as per the amendment brought forth during the year, 2014, the appellant may be liable to make a pre-deposit of only 7.5% of .....

Marwari Cloth Supply Co. Vs. Commissioner of Income-tax, Bihar and Ori ...

Court : Orissa

Reported in : [1959]36ITR100(Orissa)

..... of fact were not referred to according to the statement in the case.the assessee raised two contentions before the tribunal to the effect, firstly, that under section 3 of the indian income-tax act, there must be a central finance act enacting the rates of income-tax for the year of assessment and as, such finance act was not passed by the gangpur state, there was no rate in force so as to determine the tax and levy the same upon the income assessed. ..... to the second question, the learned counsel for the assessee contends that the expression 'levy, assessment and collection of income-tax' in section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949, does not include re-assessment and here in the case before us the assessment under section 23(4) read with section 34 being a re-assessment, the assessee having been assessed prior to that by the gangpur income-tax officer, the income-tax officer, jharsuguda ..... secondly the assessee contended that under section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949, the income-tax officer was entitled to levy, assess and collect income-tax and super-tax in respect of any preceding assessment year, but could not re-assess. ..... (2) whether the income-tax officer was competent to re-assess the income under section 23(4) read with section 34, in pursuance to section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949 ? .....

Appraiser, Madras Customs Vs. Tamil Nadu Newsprint Papers Ltd.

Court : Chennai

Reported in : 1988(36)ELT272(Mad)

..... virtue of the said provision in section 45(4) of the finance act, 1983, the central government issued notification no. ..... according to section 45(4) of the finance act, 1983, the provision of the customs act and rules and regulations made thereunder, including those relating to refunds and exemptions from duties shall, so far as may be, apply in relation to the levy and collection of the auxiliary duties of customs leviable under that section in respect of any goods as they apply in relation to the levy and collection of the duties of customs on each goods under the customs act, or the rules and regulations ..... is granted by the power under section 45(4) of the finance act read with section 25 of the customs act. ..... - in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), read with sub-clause (4) of clause 45 of the finance bill, 1983, which clause has, by virtue of the declaration, made in the said bill under the provisional collection of taxes act, 1931 (act 16 of 1931); the force of law, the central government, being satisfied that it is necessary in the public interests so to do, hereby exempts the goods specified in column (3) of the table annexed hereto to and ..... came into existence during recent years to levy a duty under the heading 'auxiliary duty' as a provision in the annual finance acts, with a life period of only one year from 1st april of a year to the 31st march of the next ..... the procedure for the amendment of the contract. .....

The Appraiser, Appraising Department (Group Ii), Madras Customs, Custo ...

Court : Chennai

Reported in : 1988(17)ECC119

..... by virtue of the said provision in section 45(4) of the finance act, 1983, the central government issued notification no. ..... (whether in one or in more than one consignment) against one ormore specific contracts which have been registered with the appropriate customs house in the manner prescribed by regulations which the central board of excise andcustoms may make under section 157 of the customs act, 1962 (52 of 1962)and such contract or contracts has or havebeen so registered before any order ismade by the proper officer of customs, permitting the clearance for home consumption, or deposit ..... according to section 45 (4) of the finance act, 1983, the provisions of the customs act and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties shall, so far as may be, apply in relation to the levy and collection of the auxiliary duties of customs leviable under that section in respect of any goods as they apply in relation to the levy and collection of duties of customs on each goods under the customs act or those rules and regulations, ..... auxiliary duty is granted by the power under section 45 (4) of the finance act read with section 25 of the customs act. ..... practice came into existence during recent years to levy a duty under the heading 'auxiliary duty' as a provision in the annual finance acts, with a life period of only one year from 1st of april of a year to the 31st march of the next ..... the procedure for the amendment of the contract.8. .....

M/s. V S Products Vs. Union Of India

Court : Karnataka

..... . once the central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is otiose ..... including the power to impose a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional ..... . the legal attack raised by the petitioners is analysed as regards the following aspects: (i) subsumation of manufacture in the concept of supply: though it is contended that the constitutional scheme as envisaged by the 101st constitutional amendment provides for a system whereby upon recommendation of the 41 gst council, tax is levied under article 246a on goods and services and ignoring such structured methodology and reverting back to exercise of power under article 246 ..... 14 b) declaration that the repeal and saving provision as contained in section 174 of the central goods and services act, 2017 ( cgst act for short) insofar as it seeks to save the operation of the central excise act, 1994 qua tobacco and tobacco products as unconstitutional and bad in law. .....

Harsh International Flavour Vs. Union Of India

Court : Karnataka

..... . once the central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is otiose ..... including the power to impose a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional ..... . the legal attack raised by the petitioners is analysed as regards the following aspects: (i) subsumation of manufacture in the concept of supply: though it is contended that the constitutional scheme as envisaged by the 101st constitutional amendment provides for a system whereby upon recommendation of the 41 gst council, tax is levied under article 246a on goods and services and ignoring such structured methodology and reverting back to exercise of power under article 246 ..... 14 b) declaration that the repeal and saving provision as contained in section 174 of the central goods and services act, 2017 ( cgst act for short) insofar as it seeks to save the operation of the central excise act, 1994 qua tobacco and tobacco products as unconstitutional and bad in law. .....

M/s Dinesh Fragrance Vs. Union Of India

Court : Karnataka

..... . once the central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is otiose ..... including the power to impose a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional ..... . the legal attack raised by the petitioners is analysed as regards the following aspects: (i) subsumation of manufacture in the concept of supply: though it is contended that the constitutional scheme as envisaged by the 101st constitutional amendment provides for a system whereby upon recommendation of the 41 gst council, tax is levied under article 246a on goods and services and ignoring such structured methodology and reverting back to exercise of power under article 246 ..... 14 b) declaration that the repeal and saving provision as contained in section 174 of the central goods and services act, 2017 ( cgst act for short) insofar as it seeks to save the operation of the central excise act, 1994 qua tobacco and tobacco products as unconstitutional and bad in law. .....

R M Dhariwal (huf) Vs. Union Of India

Court : Karnataka

..... . once the central excise tariff act, 1985 stood repealed by section 174 of the cgst act, the reference to the central tariff act, 1985 in the seventh schedule of the finance act, 2001 is otiose ..... including the power to impose a tax not mentioned in the concurrent or state list stands curtailed, as the same has been amended by 101st constitutional 18 amendment whereby article 248 has been amended and begins with the phrase subject to article 246-a, vi) the levy of basic excise duty by virtue of amended section 3 of the central excise act at the rates set forth in the fourth schedule to the central excise act, 1944 despite being subjected to various indirect taxes under the gst regime is unconstitutional ..... . the legal attack raised by the petitioners is analysed as regards the following aspects: (i) subsumation of manufacture in the concept of supply: though it is contended that the constitutional scheme as envisaged by the 101st constitutional amendment provides for a system whereby upon recommendation of the 41 gst council, tax is levied under article 246a on goods and services and ignoring such structured methodology and reverting back to exercise of power under article 246 ..... 14 b) declaration that the repeal and saving provision as contained in section 174 of the central goods and services act, 2017 ( cgst act for short) insofar as it seeks to save the operation of the central excise act, 1994 qua tobacco and tobacco products as unconstitutional and bad in law. .....