Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 section 3 to 72 income tax Court: karnataka Page 11 of about 534 results (0.072 seconds)

Smt. L.V. Sankeshwar, Proprietrix, Vijayanand Travels and ors. Etc. Et ...

Court : Karnataka

Reported in : (2006)206CTR(Kar)274; 2006(112)ECC188; 2006LC188(Karnataka); 2006[4]STR257; [2007]6STT31

..... provisions of chapter v of the finance act 1994 (as amended) relating to service tax on tour operators as they stood on the date of filing of writ petitions, which read thus:section 65(72) 'taxable service' means any service provided-(a) xxxxxx(n) to any person, by a tour operator in relation to a tour:section 65(76) 'tour' means a journey from one place to another irrespective of the distance between such places;section 65(77) 'tourist vehicle' has the meaning assigned to it in clause (43) of section 2 of the motor vehicles act, 1988 (59 of 1988)section 65(78): 'tour operator' means ..... , 'tour operator' comes within the ambit of provisions of 'service tax' and he is liable to be levied service tax as he is indulging in rendering taxable service as defined under section 65(72) of the finance act. ..... union of india reported in : 2001(134)elt618(mad) has upheld the legislative competence of the parliament to enact the law in levying service tax.the service tax cannot be equated to a tax on income or tax on goods or passengers as contended by the petitioners. ..... as aforesaid, the service tax is not the tax on income or tax on goods or passengers as contended by the petitioners, inasmuch as, the service tax is a tax on the service rendered by a 'service provider' to a client or customer and it has a distinct nature of taxable event. ..... the expression 'arising out of' has been used in the sense that it comprises purchase of shares and lands from income arising out of the kanpur undertaking. .....

M.S. Padmarajaiah, Senior Advocate Vs. the Secretary, Department of Fi ...

Court : Karnataka

Reported in : ILR2009KAR2437; [2009]183TAXMAN209(Kar); 2008(4)KCCR2801; 2008AIHC236(Kar)

..... 0154 (one of the specified savings under section 80-c of income tax act) with the 6th respondent section 80-c of the income tax act was amended by the finance act, 2005 increasing the permissible deduction from rs. ..... learned counsel for the petitioner submitted that as per section 80-c of the income tax act as amended by the finance act 2005, the petitioner was entitled to deposit, a sum of rs. ..... keeping in view that the income tax act 1961 was amended by the finance act of 2005 permitting an individual to deposit to the maximum of rs. ..... thus, the petitioner was deprived of making use of section 80-c of the income tax act and. ..... in the result, (be respondents 3 and 4 are directed to amend paragraph 3 of the p p f scheme, 1968, and increase the maximum limit of subscription in the p p f account as per the finance act, 2005, within three months from the date of receipt copy of this order.8. ..... it is contend that the respondents-1 to 5 have no authority to reply as per the impugned communication contrary to the income tax act. ..... 1,00,000/- in his ppf a/c, as per finance act, 2005, but in vain. ..... the authorities should have amended paragraph 3 of the ppf scheme, 1968 as per the finance act, 2005, in. ..... 3 and 4 to take steps to amend clause 3 of the ppf scheme, 1968 in terms of section 80c of the i.t. ..... 70,000/- w.e.f 15.11.2002 as and when section 80 of the i.t. ..... act.7. ..... act was amended. .....

Davangere Cotton Mills Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 1986(8)ECC113; 1986(24)ELT507(Kar)

..... petitioner after obtaining the leave of this court has also challenged the amendments made to rules 9 and 49 of the rules and section 51 of the finance act of 1982 (1982 act). ..... here again their lordships find themselves in complete accord with the reasoning and conclusions of the federal court in the boddu paidanna case (air 1942 fc 33), the two taxes, the one levied upon a manufacturer in respect of his goods, the other upon a vendor in respect of his sales, may, as is there pointed out, in one sense ..... arunachalam v.commissioner of income tax, : [1985]151itr172(kar) a full bench of this court reiterating the progressive rule of construction of statutes has expressed thus :'so far as the fiscal statutes are concerned, we must remember one more ..... in order to ascertain the true scope and ambit of the charging section, the rules, in particular rules 9 and 49, it is first useful to notice some of the important rules of construction that bear on them and the nature of the duty or tax levied, which are all now concluded and are no longer in doubt ..... boddu paidanna and sons, air 1942 f c33 expressed, thus :'the duties of excise which the constitution act assigns exclusively to the central legislature are, according to 1939 fcr 18, duties levied upon the manufacturer or producer in respect of the manufacture or producer in respect of the manufacture or production of the commodity taxed................the two taxes which he is called on to pay are economically two separate and distinct imposts. .....

Dhanvantari Botanicals Pvt. Ltd. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : (2007)10VST33(Karn)

..... in our considered opinion the expression 'such conditions and restrictions as it may impose' in sub-section (3) of section 7 of the bihar finance act will not authorise the state government to negate the incentives and benefits which any industrial unit would be otherwise entitled to under the general policy resolution itself. ..... in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad to that extent. ..... 112 sales tax cases 258 wherein it is observed thus.para 7:- coming to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and benefits declared by the state government in its own industrial incentive policy. ..... dwivedi that it would be open for the government to issue a notification in exercise of power under section 7 of the bihar finance act, which may override the incentive policy itself. ..... the issuance of the notification under section 7 of the bihar finance act is by the state government in the finance department which notification is issued to carry out the objective and the policy decisions taken in the industrial policy itself. .....

Reserve Bank of India a Statutory Corporation Established Under the Re ...

Court : Karnataka

..... will see firstly that the provisions of the statute have been complied with, secondly that the class was fairly represented by those who attended the meeting and that the statutory majority are acting bona fide and are not coercing the minority in order to promote interests adverse to those of the class whom they purport to represent, and, thirdly, that the arrangement is ..... the scheme becoming effective, the board of directors of the company shall, within 180 days of effective date, appoint a trustee for the deposit holders and accordingly the said appointee shall act as trustees for the unsecured creditors (deposit holders) in respect of the outstanding deposits payable to them pursuant to the scheme, and consequently, the said deposits shall become secured debts ..... would not be permissible for such company to take a detour by coming out with the plea that it is ready to do some business other than non-banking finance business and that therefore the company should not be permitted to do so and consequently under such a plea, the company shall not be permitted to file a ..... (hereinafter referred to as 'the rbi' for short) under section 45 of the reserve bank of india act, 1934 read with section 433 of the companies act, 1956, praying for winding up of tulunadu finance & developments ltd. ..... , thus, the company is saving the rental income also every month and the same has to be used for repaying the debts of unsecured creditors.it is relevant to note that the company has satisfied the .....

Principal Additional Director General Vs. M/s Rajiv Gandhi University ...

Court : Karnataka

..... issued a show cause notice dated 20.04.2018, complaining that: during the period between july 2012 and september 2016, no service tax has been paid on the amount received by way of fees, charges & penalties, whilst granting affiliation/renewal and the rental income from its buildings; it also called for the explanation as to why the university has not been registered under the finance act, 1994. ..... 1 (c) every educational institution during the particular period in question was not within the ambit of finance act, 1994; even otherwise, because of exemption notifications issued & continued from time to time, they are immune from service tax liability; the clarificatory circulars issued by cbec being statutory bind the revenue, especially when they have been acted upon; (d) the decisions of madras & gujarat high courts relied upon by the learned single ..... and research pertaining to health sciences; (xx) to establish and maintain university libraries, research station, museums and press and publication bureau; (xxi) to establish research posts and to appoint suitable persons to such posts; (d) section 5 r/w sections 45 & 46 inter alia provides for privileges, recognition and affiliation of all colleges and autonomous institutions of health sciences that were affiliated to conventional universities. ..... *(sc) * corrected vide chamber order dated 01.08.2024 sd/- (ksdj) - 8 - wa no.856 of 2022 statute was structured on the recommendation of raja challaiah committee on tax reforms, 1991. .....

M/S T T K Prestige Ltd Vs. The Union of India Reptd by Its Finance Sec ...

Court : Karnataka

..... -government employers are tarred as tax avoiders, no opportunity has been provided while assigning the percentages and section 115 wc and it is in violation of article 14 of the constitution, no definition of fringe benefit tax with reference to section 115 wb(d) and contrary to vii schedule of constitution read with entry 82 provides for tax on income other than agriculture income whereas section 4 relates to charging of income tax and section 5 relates to scope of total income and fringe benefit is not included under sub-section (2) of section 24 of act, 1961, whereas under sub-section (43) fringe benefit is included ..... for r-2 & r-3 sri.m.v.sheshachala, cgc, for r-3 sri.y.hariprasad, cgc for r1 & r2) this writ petition is filed under articles226and227of constitution of india praying to declare section115wa to wl of the income tax act, 1961 as introduced by the finance act, 2005 with effect from14.2006 vide annex-a as ultra5(1) vires article14 19 (g) and265of the constitution of india in so far as the petitioners are concerned and etc. ..... confer not tax issue a writ, order or direction more particularly in the nature of a writ of declaration to declare section 115 wa to wl of the income as introduced by the finance act, 2005, with effect from 01.04.2006 vide annexure-a as ultra vires article 14, 19 (1) (g) and 265 of the constitution of india in so far as the... .....

Shamiulla Shadaguppi Vs. State Of Karnataka

Court : Karnataka Dharwad

..... the power to regulate the grant of number of licenses vests with the government and the government by exercising power under section 71 can frame rules for granting licences for the state owned or controlled companies without reference to the population of the local area as specified in rule 12(3) of the ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... bench of this court while examining the validity of the impugned rule 3 (11-c) in the case of martin and others -vs- state of karnataka42reported by its secretary, finance department and others reported in ilr2011kar1777has held as follows:6. ..... of karnataka represented by its principal secretary to the department of finance, vidhan soudha, bengaluru-560 001. ..... by its secretary, department of finance, vidhan soudha, bengaluru-560 ..... by its secretary, department of finance, 15 vidhan soudha, bengaluru-560 .....

Nagaraj D Jannu Vs. The State Of Karnataka,

Court : Karnataka Dharwad

..... the power to regulate the grant of number of licenses vests with the government and the government by exercising power under section 71 can frame rules for granting licences for the state owned or controlled companies without reference to the population of the local area as specified in rule 12(3) of the ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... bench of this court while examining the validity of the impugned rule 3 (11-c) in the case of martin and others -vs- state of karnataka42reported by its secretary, finance department and others reported in ilr2011kar1777has held as follows:6. ..... of karnataka represented by its principal secretary to the department of finance, vidhan soudha, bengaluru-560 001. ..... by its secretary, department of finance, vidhan soudha, bengaluru-560 ..... by its secretary, department of finance, 15 vidhan soudha, bengaluru-560 .....

M/s.gayatri Liquor Shop, Vs. State Of Karnataka

Court : Karnataka Dharwad

..... the power to regulate the grant of number of licenses vests with the government and the government by exercising power under section 71 can frame rules for granting licences for the state owned or controlled companies without reference to the population of the local area as specified in rule 12(3) of the ..... hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on ..... the apex court after considering sections 13, 15 and 71(2) of the act, has held as follows: the act is clearly within the legislative competence of this ..... judgment was rendered before amendment of rule 311(c) of the rules, which was inserted by exercising the power under section 71(3)(e) of the act and the impugned rule is in conformity with the provisions of the act and also the source of power to insert the said rule is traceable to section 71(3)(e) of the act. ..... bench of this court while examining the validity of the impugned rule 3 (11-c) in the case of martin and others -vs- state of karnataka42reported by its secretary, finance department and others reported in ilr2011kar1777has held as follows:6. ..... of karnataka represented by its principal secretary to the department of finance, vidhan soudha, bengaluru-560 001. ..... by its secretary, department of finance, vidhan soudha, bengaluru-560 ..... by its secretary, department of finance, 15 vidhan soudha, bengaluru-560 .....