Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 section 6 amendment of section 11 Page 87 of about 11,008 results (0.219 seconds)

Joe Transport Vs. Commissioner of Central Excise, Trichy

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... he also prays that in case penalty is held to be imposable, there is no case for imposition of penalty under section 76 as well as under section 78 of the finance act, 1994 as the appellants had not paid the tax merely on the ground that the customers had not paid the tax to them and there was no suppression of the value of the taxable service ..... accordingly, penalty imposed on the appellants under section 78 of the finance act, 1994 is set aside and the appellants are directed to pay the interest amount on the delayed payment of the tax forthwith as undertaken by ld.advocate ..... i am of the view that, in the facts and circumstances of the case, imposition of penalty under section 76 of the finance act, 1994 meets the ends of justice. ..... under the circumstances, the provisions of section 73 (3) of the finance act, 1994 cannot be applied to the facts of ..... he states that provisions of section 73 (3) of the finance act, 1994 should have been applied in the case of the appellants and no penalty should have ..... no need in this case for imposition of a separate penalty under section 78 of the finance act, 1994. ..... take note of the fact that the subsequent amendment to the act has made the penalties under section 76 and 78 mutually exclusive. ..... that appellants had not paid the full amount of the tax and interest thereon before issue of show-cause notice and hence the benefit of section 73 (3) cannot be allowed in their case. ..... states that imposition of penalty under sections 76 and 78 is justified. 3 .....

Joy Construction Vs. the Commissioner of Central Excise, Nagpur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... ) wherein the honble high court of allahabad held that we find under section 80 of the finance act upon establishing a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. 5. ..... accordingly, i take lenient view and giving the benefit of section 80 of the finance act, 1994 and i have also considered the reliance placed by the learned advocate which are squarely applicable to the case of the appellant. ..... he further submitted that if at all the service tax liability is fastened on the appellant the benefit of section 80 of the finance act has to be given to the appellant. ..... the revisional authority has observed that the appellant has suppressed the taxable value during the relevant period which amounts to evasion of service tax and imposed penalties under section 76 and 78 of the finance act, 1994. 3. ..... per : ashok jindal this appeal is filed by the appellant against the imposition of penalties under section 76 and 78 of finance act, 1994. 2. .....

Sree Lotus Exports Vs. Commissioner of Central Excise, Trichy

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... further, as per the provisions of section 78 of the finance act, 1994, penalty under section 76 cannot be imposed, when penalty under section 78 has been imposed. ..... 2.0 in view of the above reasons, we humbly request that the adjudicating authority may kindly pass an appropriate order under the provisions of section 74 of the finance act, 1994 by rectifying the error. ..... 3) i find that as per section 74 of the finance act, 1994, an application for rectification can be filed within a period of two years from the date of which the order stated to have contained errors was passed. ..... under such circumstances, we are eligible to pay the penalty at the reduced rate of 25% of the penalty as per the provisions of section 78 of the finance act, 1994. ..... the issues raised by you in the cited letter have been examined with reference to the applicable provisions of finance act, 1994 and the following clarification are issued. ..... (ii) the provisions of section 76 and 78 are mutually exclusive only from 10.05.2008 onwards and not for the earlier period. ..... but, in our case penalty has been imposed under both the sections against the statutory provision of section 78. .....

M/S. Balaji Constructions Vs. Commissioner of Central Excise and S. Ta ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... he submits that the retrospective amendment to the finance act, 1994, namely, sections 97 and 98, inserted in the finance act, 2012, no service tax be leviable in respect of management, maintenance and repairing of roads for the period from 16th june, 2005 to 26th july, 2009. ..... we agree with the contention of the ld.advocate for the applicant that by virtue of sections 97 and 98 of the finance act, 2012, service tax is not chargeable on repairing and maintenance of roads for the period 16.06.2005 to 26.07.2009. ..... this is an application for waiver of predeposit of service tax of rs.1,00,82,008/- and penalty of rs.1,15,00,000/-imposed under section 78, penalty under section 77 and penalty under section 76 (not quantified) of the finance act, 1994. 2. ..... from 16th june, 2005 to 31.03.2010, the applicant provided taxable services under the category of commercial or industrial construction services under sub-clause (zzq) of clause (105) of section 65 of the finance act, 1994. ..... for the department, does not dispute about the said retrospective amendment and applicability of notification no.24/2009-st dated 27.07.2009 for the subsequent period. 4. .....

The Director of Income Tax Exemptions Vs. Al-Ameen Charitable Fund Tru ...

Court : Karnataka

..... apart for application, then, for such purposes be determined without, any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in any previous year, and income the shall 24 (ii) where a trust or an institution has been granted registration under clause (b) of sub-section (1) of section 12aa or has obtained registration at any time under section 12a [as it stood before is amendment by the finance (no.2) act, 1996] ..... on section 11(6) of the act inserted by the finance act no.2, act 14 with effect from 01.04.2015 to contend that the said amendment applies ..... effect from 1.4.2015 by finance act no.2/2014, reads as under: or set (6) apart in this section where any income is required to be applied or accumulated for application, then, for such purposes the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or ..... common substantial question of law that arises for our consideration is as under: whether the tribunal is correct in holding that depreciation is allowable under section 11 of the act, and there is no double claim of capital expenditure as held by the assessing officer and the principles enunciated by the apex court in ..... the bill seeks to amend section 11 of the income-tax act relating income from .....

M/s Trimurthi Fragrances (p) Ltd. Through Its Director Shri Pradeep Ku ...

Court : Supreme Court of India

..... counsel relied on the amendment to the ade act, by finance act, 2001, which inserted entry 8404.49 as the species of the genus chewing tobacco" to read as under: chewing tobacco and preparations containing chewing tobacco; pan masala containing ..... the finance act, 1988 (central act no.26/1988) substituted the expressions in section 14(ix) of the cst act, with the ..... heading no.24.03 and the entries relating thereto, the following shall be substituted, namely 5 the relevant extracts from the finance act, 2001, which again carried out changes, read as follows:" the fourth schedule [see section 134 (a)]. ..... 1988 amendment to section 14 of the cst act was with a view to align the description of goods in that law, with the description in the cet act, as is clear from the finance bill ..... relevant sub-headings of the cet act were absent in the list of declared goods of the cst act; they were not part of the provisions introduced to the finance act, 1988. ..... , apgst act) and the exemption contained in section 8 of the schedule to the state act could not have been amended by including gutkha in ..... which exempts articles from levy (the latter being listed separately, in a notification, or a schedule to the enactment itself), the inclusion, or insertion into the list or schedule of articles that can be taxed (like section 4 of the dst30act) without amending the subsisting notification that excludes levy (as under section 7 dst) would the levy fail?.54. ..... amendment to the cet act did not become part of section .....

Rajarathinam Fireworks Vs. Cce

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

Reported in : (2008)13STJ390CESTAT(Chennai)

..... consultant submits that the commissioner (appeals) has confirmed the demand under section 73 read with section 71a of the finance act, 1994 and that the same is not sustainable in law in view of the judgment of the supreme court in cce meerut-ii v. l.h. ..... in the impugned order passed in terms of section 84(5) of the finance act, 1994, the commissioner revised the orders of the original authority and confirmed the demand of rs. ..... 24,547/- under section 73 read with section 71a of the finance act, 1994.1.1. ..... in that decision, it was held that recovery of service tax from availers of gto service had been authorised by the finance act, 2003 and the tax was recoverable from such availers of gto service. ..... learned counsel for the parties have drawn our notice to the relevant provisions of the finance act as it stood in the year 1994 and thereafter as it stood after the various amendments to the act in subsequent years. ..... having considered the relevant provisions of the act, the tribunal has, inter alia, recorded the following conclusion : the above would show that even the amended section 73 takes in only the case of assessees who are liable to file return under section 70. ..... he also submits that the show-cause notice had not invoked section 71a and the commissioner had confirmed the demand under section 71a without such a proposal in the scn. .....

Damodhar Cement and Slag Ltd. and Vs. Assistant Commissioner,

Court : Sales Tax Tribunal STT West Bengal

Reported in : (2007)8VST475NULL

..... "turnover tax" is not defined in this scheme but the word "turnover" is defined in clause 3(xxvii) as the turnover defined under the bengal finance (sales tax) act, 1941 or the west bengal sales tax act, 1954.in section 2(i) of the bengal finance (sales tax) act, 1941 the word "turnover" is defined as the aggregate of sale prices or parts of the sale prices receivable. ..... west bengal except such part of turnover (a) as represents sales in the course of inter-state trade or commerce within the meaning of section 3 of the central sales tax act, 1956 (74 of 1956), or in the course of import of the goods into, or export out of, the territory of india within the meaning of section 5 of that act; (2) the dealer liable to pay turnover tax under sub-section (1) shall, notwithstanding anything to the contrary contained in section 39, section 40, section 41, section 42 or section 43, make payment of the turnover tax in the manner referred ..... when turnover tax was again introduced by introduction of section 16b of the west bengal sales tax act, 1994, the definition of "tax" was amended so as to include surcharge payable under section 16, additional surcharge payable under section 16a and turnover tax payable under section 16b.he further contended, "when incentive scheme announced exemption of sales tax paid or payable, the incentive scheme, in clear terms, announced for the exemption of sales and turnover ..... damodhar cement and slag limited, a public limited company, was incorporated in 1977. .....

Smt. Pushpalata Kanodia Vs. Wto

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2005)92ITD500(Hyd.)

..... of the appropriate authority or any unused land held by the assessee for industrial purposes for a period of two years from the date of its acquisition by him;" one more exception has been provided in the finance act, 1993, which reads as under:- "or any land held by the assessee as stock-in-trade for period of three years from the date of its acquisition by him" period of holding was subsequently increased from three ..... section 2(ea) of the wealth-tax act was inserted by the finance act, 1992, with effect from 1-4-1993 which ..... in respect of the assessment years under consideration, the assessee filed returns in response to the notice issued under section 17 of the wealth-tax act, 1957, wherein the assessee claimed exemption under section 5(1)(vi) of the act with regard to the property situated at jubilee hills, hyderabad and also claimed exemption on the land situated at miyapur on the ground that ..... with regard to the contention of the assessee that the impugned property should, fall within the meaning of house as provided in section 5(1)(vi) of the act, the learned dr submitted that the term 'house' refers to a completed house which is fit for human habitation whereas in the instant case, the sale deed between the assessee and the ..... a plain reading of the definition of the term 'assets', as amended from time to time, and as explained in the budget speeches as well as memo explaining- the amendments, indicates that the tax is sought to be levied only on unproductive assets and not .....

Commissioner of Income-tax and anr. Vs. Reading and Bates Exploration ...

Court : Uttaranchal

Reported in : (2005)198CTR(Uttranchal)670; [2005]278ITR47(Uttaranchal)

..... the facts and circumstances of the case, the learned income-tax appellate tribunal was legally justified in directing the assessing officer to charge interest under section 234b which also stands amended by the finance act, 2001, with retrospective effect from april 1, 1989 ?'4. ..... this connection it may be noted that the explanation to section 9(1)(ii) introduced by the finance act of 1983 refers to what constitutes 'income earned in india ..... , the income-tax appellate tribunal was legally correct to hold that the salary paid to the assessee for the off period outside india was not chargeable to the indian income-tax act in terms of section 9(1)(ii) of the income-tax act, 1961, whereas the learned income-tax appellate tribunal has itself held, vide order dated march 25, 1992, in i, t. a. no. ..... this explanation was introduced by the finance act of 1983 with effect from april 1, 1979, to get over the judgment of the gujarat high court in cit ..... that even under the finance act of 1999 the new explanation uses the term 'rest period/ ..... secondly, although section 191 of the act is not overridden by sections 192, 208 and 209(1)(a) and (d) of the act, the scheme of sections 208 and 209 of the act indicates that in order to compute advance tax the assessee has to, inter alia, estimate his current income and calculate the tax on such income by applying the ..... /1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)(ii) of the act, liability to pay must arise in india. .....