Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 section 6 amendment of section 11 Page 82 of about 11,008 results (0.290 seconds)

D.D. Shah and Brothers Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Reported in : (2005)197CTR(Raj)1; [2006]283ITR486(Raj); 2004(3)WLC425

..... was considering the meaning of industrial company within the meaning of section 2(5)(a)(ii) of the finance acts, 1966 and 1967, and has distinguished the decision of the calcutta ..... apparently, the benefit of section 2(7)(c) in terms of the finance act, 1978, was also extended to the ..... which we shall presently refer, is fulfilled by the assessee, he is entitled to avail 100 per cent deduction of the profits and gains derived from the business of such undertaking under sub-clause (iii) of sub-section (2) of section 80ib, which reads as under :'(iii) it manufactures or produces any article or thing, not being any article or thing specified in the list in the eleventh schedule, or operates one or more cold storage plant ..... that arises for consideration is whether the blending of different types of tea by the assessee amounts to production of a thing or an article by an industrial undertaking within the meaning of expression as used in section 80ib of the it act, 1961, though it may not amount to manufacture of goods in the sense of bringing into existence altogether a new and different thing as known differently in the commercial parlance in the market where tea is ..... clearly goes to show that accepting the general principle and the meaning of 'manufacture' in the specific case of central excise act with its amending provision having retrospective effect, the court came to the conclusion that even under the unamended provision, the view taken in the ..... that if the amending law is valid .....

Tamil Nadu Hotels Association Vs. Union of India (Uoi)

Court : Chennai

Reported in : 2001(78)ECC584; 2001(133)ELT265(Mad); 2006[2]STR513

..... far as the services provide by the 'mandap keeper', the said services which were provided for in finance act, 1977 were continued in finance act no. ..... this finance act was substantially amended by finance act, 1997 and number of other services were brought into ..... section 66 of the finance act, 1994 is a charging section ..... the only argument raised is that when a caterer or as the case may be an outdoor caterer offers catering services as contemplated in the then section 65(41)(n), he actually carried on the sale of the taxable articles like food or alcoholic or non-alcoholic beverages to the client and, therefore, the tax imposed on the sale price would amount to salestax and would ..... the amended act section 65(48) defined the term 'taxable services' whereas in the earlier act those services were defined under section 65(41) and the services provided by the outdoor caterer was defined by section ..... that the services included in taxable services within the meaning of section 65, as it stood then, as also the valuation of such service as defined in section 67 of the act took into its sweep the actual services offered to the client. ..... ' the language with section 65 as it stood then, which is the impugned provision now and section 65(1) (post amendment) which we have considered in ..... so also, under the amended section 67(1) the valuation of the service provided by the mandap keeper was defined as the gross amount charged by the mandap keeper from the client for the user of the mandap-and also the .....

Jeewanlal (1929) Ltd. Vs. Income-tax Officer, J-ward and anr.

Court : Kolkata

Reported in : [1979]118ITR946(Cal)

..... it was contended alternatively that the petitioner was entitled to certain deductions as provided under section 2(5)(a)(i) of the finance act, 1965, as the said receipts were income or profits derived from export of goods or merchandise out ..... case, where two views were not possible, if a mistake was committed by misreading the section (in that case section 80 of the finance act 1965) or miscalculation of the rate provided in the section, the application of section 154 of the i.t. ..... also be contended that there being no export and profits in respect of import entitlement the petitioner was not entitled to deduction of tax as contemplated under section 2(5)(a)(i) of the finance act, 1965. ..... in doing so, it appears that the ito had overlooked the clear provisions of the finance acts, 1965 and 1966, to the effect that such rebate would be admissible only for the total income included in profits and gains derived from the export of any goods or ..... volkart brothers : [1971]82itr50(sc) , the supreme court held that a mistake apparent on the record, to come within the provisions of section 154, must be an obvious and patent mistake and not something which could be established by a long-drawn process of reasoning on the points on which there might conceivably ..... determine the question whether there was wrong calculation at the rate applicable to priority income it is necessary to refer to the relevant provisions of the finance act, 1965. ..... cit : [1977]106itr33(cal) ] which was discharged by me .....

Puloke Chandra Paul Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1975]36STC98(Cal)

..... the present definition clause (c) was substituted for the former by section 2(b) of the bengal finance (sales tax) (west bengal amendment) act, 1950, with effect from 6th november, 1950. ..... in this application the points required for consideration are (a) whether a firm is included within the definition of 'dealer' under section 2(c) of the bengal finance (sales tax) act, 1941, and (b) whether a dissolved firm can be assessed to sales tax under the bengal finance (sales tax) act, 1941, in view of the decision of the supreme court in additional tahsildar v. ..... 'dealer' has been defined in the bengal finance (sales tax) act in section 2(c). ..... but under the bengal finance (sales tax) act, by west bengal act (48 of 1950) 'firm' has been deleted by the legislature from the definition of 'dealer'. ..... ) has got no application with regard to assessment of a firm under the bengal finance (sales tax) act, 1941, because apart from persons constituting the firm, the partnership-firm has got no legal entity under the bengal finance (sales tax) act, 1941.13. ..... 1, it is stated that sarbashree puloke chandra paul and kanak chandra paul carrying on business under the trade name of gopal chandra paul & sons were dealers under the bengal finance (sales tax) act, 1941, and under the central sales tax act, 1956. ..... in view of the amendment of the definition of 'dealer', referred to here in above, in my opinion, such extended definition, would be repugnant to the subject and context of the act.15. .....

Commercial Tax Officer Vs. Bengal Potteries Ltd.

Court : Kolkata

Reported in : [1986]61STC219(Cal)

..... 6773 (w) of 1969 decided on 16th june, 1970] and has held that since the proviso to section 8(4) of the central sales tax act was not amended in the same manner in which section 5(2) of the bengal finance (sales tax) act was amended by inserting the words 'in such manner subject to such conditions and restrictions as may be prescribed', in exercise of powers under section 13(3) and (4) of the central sales tax act, the governor of west bengal could not adopt rule 27aa of the bengal sales tax ..... , inter alia, held that even after enactment of the bengal finance (sales tax) (amendment) act, 1969, the commercial tax officer under section 6(2) of the bengal finance (sales tax) act could only check whether the transactions were real and whether the declaration forms would be confined to transactions and sales inside west bengal. ..... rules and impose restriction and condition for obtaining declaration forms under section 8(4) of the central ..... thereafter, the proviso to section 6(2) of the bengal finance (sales tax) act, 1941, was further amended by west bengal act 4 of 1966 and act 26 of 1969. .....

M/S. India Gate Way Terminal (P) Ltd. Vs. Cce, Cochin

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... on perusal of the order-in-original, we find that the adjudicating authority has imposed penalties under section 76, and section 78 of the finance act, 1994 in a consolidated manner and hence the penalty on the above three items will be restricted as per the provisions of section 76 and 77 of the finance act, 1994. ..... invoking the provisions of section 80 of the finance act, 1994, we set aside the penalty that is imposed on the appellant under section 78 of the finance act, 1994. 7. ..... since the royalty payments for services rendered by the foreign consultant to the appellants would be liable for service tax from 18/4/2006 only, in our view, penalty under section 78 of the finance act, 1994 is unwarranted. ..... they are discharging the service tax on the taxable value as received from various persons, under the provisions of finance act, 1994. ..... as regards the penalty under section 78 on the above issues, we find that provisions of section 78 need not be invoked as the appellant would have got the relief of the judgment of the honble high court of bombay in the case of national shipowners association vs. .....

Commissioner Of Service Tax Mumbai Ii Vs. M/s. 3i Infotech Ltd.

Court : Supreme Court of India

..... page 1 of 15 were issued under section 73 of the finance act, 1994 (for short the finance act ) for the demand of service tax. ..... clause (e) of sub section (1) of section 26 refers to exemption from service tax under the finance act on taxable services provided to a developer or unit to carry on authorised operations in sez. ..... in fact, the management, maintenance and repair services of computer hardware as well as software under the annual maintenance contract was covered by the category of management, maintenance or repair services which was defined under section 65(64) of the finance act. ..... page 8 of 15 under section 65(53a) of the finance act. ..... the cestat found that the service of transfer of intellectual property rights was classifiable under the category of intellectual property service till 16th may 2008 and was taxable in terms of section 65(105)(zzr) of the finance act. ..... thirdly, it was held that the value of the computer hardware items consumed for providing the services is required to be included in the valuation of the respective services in terms of section 67 of the finance act. ..... it was further held that from 16th may 2008 onwards, in relation to the software, the classification of service rendered should be under the category of information technology software defined under section 65 (53a) of the finance act. ..... page 3 of 15 category of intellectual property service defined under section 65 (55b) of the finance act. .....

Madras Refineries Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(5)LC1943Tri(Delhi)

..... one warehouse to another, or during the course of processing of the goods in a warehouse or in storage, whether in a factory or in a warehouse;" "(1a) every appeal against any order of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 47 of the, finance act, 1984, before the appellate tribunal and any matter arising out of, or connected with, such appeal and which is so pending shall stand transferred on such commencement to the central government, and the ..... section 35-p itself was not amended by the finance act, 1984, with the result that proceedings transferred pursuant thereto are not touched by it, regardless of whether they were proceedings initiated to revise the orders of the appellate collector even in the classes of cases adverted to in the amendments made to section 35(b).9. ..... in the result, we hold that the tribunal continues to have the requisite jurisdiction in the matters transferred to the tribunal to be heard as if they were appeals in terms of section 35p even in those classes of cases where the jurisdiction of the tribunal was excluded pursuant to the amendments made in section 35b by the finance act, 1984.10. ..... but then section 35b was amended by the finance act, 1984. .....

Widia (India) Limited Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... thereafter larger bench of the tribunal in the case of chemo pulp tissue, reported in 2000 (38) rlt 988 has quoted the finance act 2000 which was passed retrospectively to deny the benefit of modvat credit on hsd oil. ..... the larger bench in the cited case accepted the provisions of the finance act, 2000 and held that modvat credit is not to be extended on hsd oil. ..... he pointed out that in view of the finance act, the tribunal has been allowing revenue appeals on this issue. ..... shri s.kannan, learned dr pointed out that by finance act, 2000 the govt. ..... however, by the finance act, 2000 the govt.of india took the position that modvat credit need not be extended to hsd oil and the govt. ..... 24/99 (h-i) ce dated 16.02.2000 passed by the commissioner (appeals), hyderabad by which the commissioner (appeals) has rejected the benefit of modvat credit on hsd oil as inadmissible under section aa of chapter v of central excise rules, 1944.3. .....

M/S. Chambal Fertilisers and Vs. Cce Jaipur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2001)(132)ELT185TriDel

..... the commissioner of central excise (appeals) considered the matter and noted that under sections 116 and 117 of the finance act, 2000 retrospective amendments had been made and that the matter as such has been finally settled by the parliament. ..... bhatnagar, consultant submits that the matter has again been taken up to the honourable supreme court but fairly agreed that there is no stay and there is no order regarding the retrospective effect of the amendments made in sections 116 and 117 of the finance act, 2000.3. ms. ..... moreover, the appellants have failed to place on record any decision of the hon'ble supreme court staying the aforesaid sections of the finance act, 2000. ..... as all the appeals are disposed off in view of the provisions of finance act, 2000 referred to above, other issues raised in the individual appeals like unjust enrichment, limitation etc. ..... after hearing both the sides and after going through the facts on record including the copy of the order dated 3.5.2001 of the honourable supreme court, we find that there is no stay with regard to the finance act provisions referred to by the appellate authority. ..... in view of the clear cut wording of section 117 validating certain action under the service tax rules with retrospective effect, the current appeals as a matter of fact have become infructuous and are dismissed as such. .....