Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 section 6 amendment of section 11 Page 85 of about 11,008 results (0.095 seconds)

Bhuvaneswari Agencies (P) Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)12STT427

..... learned jdr defended the order and points out to the definition of 'business auxiliary services' and submits that even in terms of section 65(19)(ii) of the finance act, the appellant is deemed to be carrying on promotion or marketing of service provided by the client.he submits that the impugned order ..... cargo for or on behalf of a shipping line".the promotion or marketing of service provided by the client in category (ii) of 'business auxiliary services' under section 65(19) of finance act has to be read along with category (i) and (iii) of the definition of 'business auxiliary services'. ..... and therefore, the bonafide belief held by them, is a ground for waiver of penalty.2.2 the learned counsel further submitted that the definition of "steamer agent" as defined under section 65(100) of finance act refers to any person who undertakes, either directly or indirectly - 2. ..... he refers to the definition under the said heading of finance act, 1994 wherein the term "business auxiliary services" defined under section 65(19) means any service in relation to: (i) promotion or marketing or sale of goods produced or provided by or belonging to the client or (iv) procurement of goods or service, which are inputs for the client.2.1 it is the contention ..... of rendering services of arranging shipment of the export cargo and negotiating the same with the shipping lines on behalf of the clients will fall under definition of 'business auxiliary services' under section 65(19) (ii) of finance act. .....

Amaresh Enterprises Vs. Commr. of C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)12STT69

..... has come in appeal before this forum challenging that assessing the appellant by a time-barred proceeding as cargo handling agent was baseless, opportunity was not granted to show cause against penalty imposed under sections 68, 69 and 70 of the finance act, 1994 and the contract executed being a composite works contract as well as the consideration received being towards transfer of right to use for the equipments used and that being equipment rentals, such receipt ..... 3 of a/t).he submitted that the scope of work did not at all bring the activities to the definition of cargo handling service which is defined by section 65(23) of the finance act, 1994 since the activity involved was unloading of material from wagons/trailors and its stacking without being meant for transportation. ..... therefore, according to him, for the periods from 16-8-2002 to 31-10-2004 there shall be no levy as service tax under the provisions of finance act 1994 and the show cause notice issued on 21-12-2005 was misconceived. ..... he further submitted that the hire charges paid if taxed by union of india that shall be only state levy which is not permissible by law since no rentals were declared by law to be taxable by finance act, 1994. ..... equipments used in the work having fetched rent, rentals are not taxable by finance act, 1994. .....

India Cements Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2007)9STT385

..... we have carefully considered the submissions made by both the sides.we notice that the issue is no longer res-integra although the amendment to the finance act was brought retrospective effect. ..... in the present case, the show cause notice has been issued subsequent to the period and after the amendment to the finance act, 2003. ..... the learned sdr submits that the demands were protected by retrospective effect by amendment brought to the finance act, 2003. ..... cce, meerut-ii tribunal has clearly held that service tax will not be levied if show cause notice has not been issued prior to the amendment brought to the finance act, 2003. ..... (supra) that the demands have not been protected by issue of show cause notices prior to the retrospective amendment brought in the finance act. .....

Car World Autoline Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)9STR246

..... (e) - in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts that portion of the value of following taxable services, namely - (e) services provided to a customer by any body corporate or commercial concern ..... 3,38,661/- under section 73(i) of the finance act, 1994 read with rule 6 of service tax rules 1994. ..... a penalty equal to the tax demanded was imposed under section 78 of the finance act. ..... exemption to value of taxable services received before 10.09.2004 in respect of services covered under extended scope of existing services as per finance act, 2004 (notification no. ..... revenue proceeded against them on the ground that the services rendered by them amounts to business auxiliary services, which are taxable under the finance act, 1994. ..... interest under section 75 was also demanded. .....

C.C.E. Vs. Nesamony Tours and Auto

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

Reported in : (2008)10STR42

..... the original authority had imposed penalties under section 75a, section 76, section 77 and section 78 of the finance act, 1994, in addition to demanding the service tax of rs. ..... in the above case, the tribunal had decided that in respect of penalty under section 78 of the finance act, 1994, the quantum was discretionary and minimum penalty may be imposed in the facts of the case. ..... sdr reiterates the grounds of appeal and submits that section 76 of the finance act, 1994 mandates that any person who fails to pay service tax shall be liable to pay in addition to the tax due and interest thereon, the penalty which shall not be less than rs. ..... moreover section 80 of the finance act '94 empowers the authorities to waive penalties under the sections 75, 76, 77 and 78 of the finance act '94 if the assessee shows sufficient cause for the failure involved. ..... 2000/- was against the express mandate of section 78.section 78 prescribed that the assessee who had not paid the tax was liable to penalty not less than the amount of service tax not levied.3. ..... as regards the penalty under section 78, it is argued that the original authority had imposed an amount of rs. ..... revenue has filed this appeal against the impugned order whereby the commissioner (appeals) reduced the penalty imposed on the respondents under section 76 and section 78 respectively from rs. .....

Digi Studio and Color House Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)10STR31

..... 2,00,517/- under section 73 of the finance act, 1994 with interest under section 75.the appellants strongly challenge the demand of service tax and also the interest under section 75 of the finance act, 1994.3. ..... 3,28,133 under section 73 of the finance act, 1994 with interest under section 75.rs. ..... 78,106/- under section 73 of the finance act, 1994 with interest under section 75.rs. ..... 26,162/- under section 73 of the finance act, 1994 with interest under section 75.rs. .....

Nypro Forbes Products Ltd. Vs. Commissioner of Service Tax

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

Reported in : (2008)13STJ320CESTAT(Chennai)

..... the dr has also made an endeavour to show, by referring to certain provisions of the agreement, that technical assistance of the kind envisaged under section 65(31) of the finance act, 1994 was also rendered to the appellants by their foreign collaborator and that the fee paid by the appellants was in consideration for such service as well.4 ..... the commissioner's findings and particularly points out that, against certain decision of the tribunal against the revenue on the question whether transfer of technology by a foreign company to an indian company is exigible to service tax under section 65(31) of the finance act, 1994 [consulting engineer], the department has filed appeal, which is pending before the hon'ble supreme court. ..... 000/- imposed on them under section 77 of the finance act, 1994. ..... section 65(31) of the finance act, 1994 defines 'consulting engineer' as any professionally qualified engineer or any engineering firm, either directly or indirectly, renders any advice, consultancy or technical assistance in any manner to a client in one or more disciplines of ..... is submitted that it is covered by 'intellectual property service' introduced for the first time in the finance act 1994 in september 2004. ..... , nowhere in this agreement is there any provision for qualified engineers of the foreign company in any discipline of engineering whatsoever to render any technical assistance of the kind envisaged under section 65(31) ibid to the assessee during the tenure of the agreement. .....

Cce/Cst Vs. Avtar Krishan Khosla and Jugal

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... in view of this finding of the commissioner (appeals) that there was no proposal to impose penalty under section 77 of the finance act is not sustainable, hence, set aside.4. ..... penalty under section 76 of the finance act was set aside on the ground that amount of service tax along with interest had been paid prior to issuance of show cause notice.3. ..... revenue filed these appeals against the impugned orders whereby penalties imposed under section 76 of the finance act were set aside on the ground that there was no proposal in the show cause notice to impose penalties under the said section. ..... i have gone through show cause notices and i find that there was specific averment as to why penalty should not be imposed under section 77 & 76 of the finance act. ..... learned sdr submitted that in the show cause notices there were specific proposal to impose penalty under section 77 of the finance act. ..... in respect of setting aside of penalties imposed under section 76 contention is that the commissioner (appeals) relied upon the decision of the tribunal wherein facts are different. ..... in this case penalty under section 76 was set aside on the ground that duty has been paid prior to issuance of show cause notice. ..... ) held that in case of failure to furnish service tax return in time, penalty under section 76 & 77 are imposable. .....

Kannappa Corporation Vs. Cce (St)

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

..... the original authority had waived the penalty taking into consideration various factors including payment of tax due before issue of show cause notice.as per section 80 of the finance act, the authorities are competent to waive the penalties in appropriate cases where the authorities are satisfied that the violation was not deliberate but in the circumstances such as occasioned by interpretation of the provisions as in the instant ..... the applicant seeks waiver of penalties imposed on it under various sections of the finance act, 1994, in the impugned order. ..... in the order in revision, the commissioner imposed penalty on the appellants under sections 76, 77 and 78 of the finance act '94. ..... the original authority had dropped the proposal to penalize the appellants for violation of various provisions of the finance act, '94 including the requirement to discharge tax on the services rendered. ..... therefore, prima facie no penalty needs to be imposed on the appellants under the finance act '94. ..... after due process of law, the original authority confirmed the demand of service tax and interest but dropped the proposals to penalize the appellants under various sections as proposed in the show cause notice. .....

Wealth-tax Officer Vs. Priya Holding (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)29ITD641(Delhi)

..... the contention that since the industrial plot was purchased by the company in public auction from delhi development authority in november 1983 and the building after construction was used for industrial purposes clause (vi) of section 40(3) of the finance act, 1983 came to the assessee's rescue and the value of the plot and the factory building under construction was, therefore, not taxable.4. ..... sub-section (1) of section 40 of the said finance act, 1983 provided that notwithstanding anything contained in section 13 of the finance act, 1960 relating to exemption of companies from levy of wealth-tax under the wealth-tax act, 1957 (hereinafter referred as 'the act') wealth-tax shall be charged for every assessment year commencing on and from the first day of april, 1984 in respect of the net wealth on the corresponding valuation date, not being a company in which the public are substantially interested.sub-section (2) lays ..... down that for the purpose of sub-section (1), the .....