Judgment Search Results Home > Cases Phrase: finance act 2012 central section 143 amendment of act 32 of 1994 Court: delhi Page 71 of about 706 results (0.174 seconds)

Chemical De Universe (P.) Ltd. Vs. Deputy Commissioner of Income-tax.

Court : Delhi

Reported in : [1995]55ITD144(Delhi)

..... 'thus the scope of section 35cca as originally inserted by the finance act, 1978 and effect of amendment made by finance act, 1983 has been explained by their lordships of gujarathigh court as stated ..... june 1, 1978, before its amendment by the finance act, 1983, an assessed was entitled to claim deduction of expenses incurred on account of donations to any institution or association which has as its objects the undertaking of any programme of rural development, provided both the programme and the ..... case after having once allowed the deduction, the same could not have been withdrawn under section 148 of the act which would amount to change of opinion on the part of the assessing officer. ..... act, 1961, as amended by the finance act, 1983, an assessed will be entitled to deduction of expenses incurred on account of donation made to any institution or association for the purposes of approved rural development programme or for the training of persons for implementing programmes of rural development or to a rural development fund set up and notified by the central ..... a clear case where as a result of searches on the premises of the association/institution it was found that the party had not implemented any programme as required under section 35cca for which it could have been granted an approval as done by the cit (admn.). ..... came to the notice of the revenue that the trust had not carried out the activities as per the terms and conditions of approval granted by the central government. .....

Food Specialities Ltd. Vs. Assistant Commissioner of Income Tax.

Court : Delhi

Reported in : (1995)52TTJ(Del)554

..... by the finance act of 1987 ..... by the finance act of 1989 ..... by the finance act of 1987 ..... shri dastur contended that the said section is a disallowed provision and that it must ..... 76 of the distillery rules, as amended in 1981, the liability for payment of excise duty was that of the ..... which such collections are claimed to be not as part of the trading receipts is that assessed is having a corresponding liability to pay to the government and that assessed is acting as a conduit pipe for the collection of the tax on behalf of the government. ..... this section provides in unambiguous terms that where a deduction is provided on the basis of the income under any of the provisions in chapter vi-a under the head 'c', the income computed under the provisions of the act alone be deemed to be the amount of the income of that nature which is derived or received by the assessed and which is included in his ..... has been amended from time ..... sales-tax and central sales-tax outstanding as on the close of the previous year were ..... distillery rules, as amended in 1981, 'no spirit or liquor manufactured or stored shall be removed unless the excise duty ..... the liability of sales-tax under the respective state acts is upon the dealer and the liability is not ..... the said section reads as under :'40a(6) : where the assessed incurs any expenditure by way of fee for services rendered by a person who at any time during the twenty-four months immediately preceding the previous year was ..... iac (1994) 49 itd ..... cit (1994) 49 itd 21 .....

Mohan Dairy Vs. Dy. Cit

Court : Delhi

Reported in : (2004)90TTJ(Del)403

..... priority industry was dealt with by section 80-e which was inserted by the finance act, 1966 with effect from 1-4-1966 ..... finance act, 1990, with effect from 1-4-1990, sub-section (ia) of section 80-i was inserted in the statute.thus, after this date, the cold storage plant became eligible for deduction under section ..... omitted;(iv) it begins to manufacture or produce articles or things or to operate such plant or plants, at any time during the period beginning on the 1-4-1991 and ending on the 31-3-1995, or such further period as the central government may, by notification in the official gazette, specify with reference to any particular industrial undertaking;(v) in a case where the industrial undertaking manufactures or produces articles or things, the undertaking employs ten or more workers in a manufacturing ..... however, sub-section (1a) was inserted by finance act, 1990 with effect from 1-4-1990, which provided that benefit of deduction will also be extended to the undertaking which begin to operate cold storage plant/plants on or after ..... a ship which is first brought into use; or(iii) the business of a hotel which starts functioning.on or after the 1-4-1990 (but before the 1-4-1991), there shall, in accordance with and subject to the provisions of this section be allowed in computing the total income of the assessed, a deduction from such profits and gains of an amount equal to twenty-five per cent thereof :provided that in the case of an assessed, being a company, the provisions .....

Director of Income Tax Vs. Aparna Ashram

Court : Delhi

..... however, he has confirmed the orders of assessment passed for the assessment years 1981-82 to 1983-84, keeping in view the amendment effected to the wealth-tax act by the finance act, 1981, by which amendment section 21aa is inserted with effect from april 1, 1981, which is applicable for and from the assessment year 1981-82. ..... in case the plea of the revenue is accepted, they would be a conflict between section wta 10/2006 page 18 of 21 21aa and then section 40 of the finance act, 1984, which reintroduced wealth tax on companies in a limited manner. ..... 21.3 in order to counter such attempts at tax avoidance through the medium of multiple associations of persons without defining the shares of the members, the finance act has inserted a new s.21aa in the wt act to provide for assessment in the case of association of persons which do not define the shares of the members in the assets thereof. ..... 01.04.1960 levy of wealth tax on companies was suspended and was partially revived in a limited way by way of section 40 of finance act, 1983). ..... it will appear from this notification that the central board of direct taxes clearly recognised that the charge of wealth tax was on individuals and hindu undivided families and not on any other body of individuals or association of persons. ..... sanjiv khanna, j r.v.easwar, j february 03, 2012 mr wta 10/2006 page 21 of 21 ..... * in the high court of delhi at new delhi + wta 10/2006 % date of decision : 3rd february, 2012. .....

Cce, Chandigarh Vs. M/S Skynet Builders, Developers, Colonizer and Oth ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... definition of the service under section 65(105) (zzzh) of finance act, 1994 was amended by finance act, 2010 to add an ..... the grounds taken by the respondents is that section 11b of the central excise act relating to refund has not been made applicable to service tax levy and there is no provision regarding unjust enrichment in finance act, 1994. 16. ..... for revenue argues that the amendment made vide finance act, 2010 was to add an explanation and that even without the explanation the meaning of the entry was always ..... the construction of complex service has been defined under section 65 (105)(zzzh) of the finance act as any service provided or to be provided to any person, by any other person, in relation to construction of ..... the advocates for respondents argue that the explanation added by finance act 2010 cannot be taken into account for deciding this matter which relates to ..... in 2005 (181) elt 328 (sc) that principle of unjust-enrichment will apply for refund of service tax also even though such principle is not specifically incorporated in finance act, 1944 and section 11b of central excise act is not specifically made applicable to refund of service tax. ..... involved was prior to enactment of finance act, 2010. ..... in our opinion, therefore, irrespective of applicability of section 11b of the act, the doctrine can be invoked to deny the benefit to which a person is not ..... a case, as per the provisions of the transfer of property act, does not by itself create any interest in or charge on such .....

M/S Science Centre Vs. Cce, Jaipur-i

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... the order of the commissioner (appeals) they had filed an appeal before the tribunal and argued that there was sufficient cause for invoking section 80 of finance act, 1994 for waiver of the penalties imposed on them. ..... also submits that as per the impugned order penalties are imposed both under section 76 and 78 of the finance act, 1994. ..... a case for waiver of the penalty invoking the provisions of section 80 of the finance act, 1994. ..... penalty of rs.1,04,600/- was imposed under section 76 of the finance act and penalty of rs.1000/- was imposed under section 77 of the act and penalty of rs.1,93,238/- was imposed under section 78 of the act. ..... engaged in the business of providing commercial training or coaching which is taxable under the provisions of finance act, 1994 with effect from 1.7.2003. ..... thus appeal is allowed partially by giving relief from penalty under section 76 and an option to pay 25% of the tax demanded as penalty within 30 days from receipt ..... later government itself brought in an amendment in the act to the effect that both penalties cannot be ..... the matter of simultaneous penalties under section 76 and section 78 there are conflicting decisions of ..... given in 2011 by punjab and haryana high court is to the effect that imposition of penalties under both the sections simultaneously is not warranted. ..... revenue submits that it is perfectly legal to impose penalty under both sections 76 and 78 as was decided in the following cases :- (1) assistant commissioner of central excise vs. .....

Bhupinder Singh Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

..... necessary to bear in mind, and this follows from the distinction hereinbefore indicated between the two sub-sections, that while determining the liability under sub-section (2) one has to see what the alleged contravening act is and then to examine whether the role allegedly played by the person proceeded against as manager ..... , who is concerned in the matters of receiving payments in indian currency and foreign exchange, was working under the control of the finance manager who was of the same rank as that of the first appellant and that it was finance manager who had responsibility for operation of the restricted money changer licence granted by rbi to the emporium. ..... proceeded against as it is not a legal entity has no force as the learned adjudicating officer has proceeded against the company through its trade name and it cannot be disputed that the central cottage industries emporium, bombay, is the trade name and an integral unit of the company. ..... in respect of fidelity guarantee insurance obtained by the central cottage industries corporation of india ltd. ..... been imposed on the central cottage industries corporation ..... the charge against the central cottage industries emporium is that it violated the provision of para 19 of the memorandum of instructions to the restricted money changers ..... the relevant time, the first appellant was the manager and the second appellant the cashier, both working in their respective capacity wi09th the central cottage industries emporium, bombay. .....

Trip Communication Pvt. Ltd Vs. Union of India and Others

Court : Delhi

..... or in a private warehouse, if facilities for deposit in a public warehouse are not available; but such goods shall not be deemed to be warehoused goods for the purposes of this act, and accordingly the provisions of chapter ix shall not apply to such goods: provided that the commissioner of customs may extend the period of storage for a further period not exceeding thirty days at a time. ======================================================================= ..... section 156 of the customs act lays down the general rule making power of the central government to make rules to carry out the purposes of the act and section 157 lays down the power of the board to make ======================================================================= regulations to carry out the purposes of the act ..... granted functions of aai, for overall public some of its functions, being the operating, maintaining, developing, designing, construction, upgradation, modern isation, finances and managing the airport to the delhi international airport private limited, (dial for short) under the operation, management and developing agreements (omda) ..... customs duty on the ground ======================================================================= that amended bill of entry was not ready. ..... the deputy intelligence director by of directorate communication of dated revenue 18.07.2012 requested the commissioner of customs (import & general) to release the ..... authority of india act, 1994 (hereinafter referred to as, the aai act ). .....

M/S. Bank of Baroda Vs. Cce, Jaipur-i

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... proceedings were initiated by a show cause notice dated 23.10.2009 clearly attributing/alleging that the appellant, a housing finance company and a subsidiary of the bank of baroda had provided business auxiliary service, a taxable service defined in section 65(19) of the finance act 1994 (the act); had received consideration from its customers towards fee for permitting pre-closure of loans; had failed to disclose the consideration so received in its st-3 returns; failed ..... finance act, 2004 clause (viii) was introduced in section 65(12) of the act ..... service must be treated as conclusive of the classification of the activity; that the appellate authority agrees with the findings of the primary authority that after the introduction of self assessment system under the act, the responsibility of classification is on the assessee; and that whether it be business auxiliary service or banking and other financial services, since both were in operation during the material time and the ..... in paragraph (5) of the show cause notice, it is stated that the appellant is registered with the national housing bank to carry on the business of housing finance; that the national housing bank is remitting service tax on pre-payment charges collected from the appellant; and that the appellant is availing cenvat credit on the service ..... the commissioner (appeals), central excise, jaipur-i dated ..... adjudication order dated 1.11.2010 passed by the additional commissioner, central excise commissionerate, jaipur-i. .....

M/S Daurala Organics Vs. Cce, Meerut I

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... the service tax was deliberate and due to contravention of the provisions of finance act, 1994 and the rules made thereunder with intent to evade the tax, ..... has been confirmed by invoking extended limitation period under proviso to section 73 (1) and when that portion of the order-in-original has not been challenged by the appellant, and when the language of the proviso to section 73 (1) and of section 78 of the finance act, 1994 is identical, once the service tax demand was confirmed by invoking proviso to section 73 (1), penalty under section 76, 77 and 78 cannot be waived by invoking section 80, as once finding is given that the non-payment of ..... order dropping the penalty proceedings was reviewed by the jurisdictional commissioner of central excise, under the provisions of section 84 of the finance act, 1994 and vide order-in-revision no. ..... while confirming the service tax demand alongwith interest did not impose any penalty on the appellant under section 76, 77 and 78 by invoking the provisions of section 80 of the finance act, 1994, holding that she is satisfied that there were valid reasons for the appellants failure to discharge their .....