Court : Chennai
..... event is a service which is rendered by the finance company to its customer and thus section 67 of the finance act, 1994, seeks to tax financial services rendered with reference to the income earned by way of interest / finance charges. ..... further submitted that insofar as inter-state sales are concerned, section 2(g) of central sales tax act has been amended by finance act,2002 inserting various clauses of deemed sale in terms of ..... w.p.482/2011 & r5 in w.p.483/2011 --------------------------------------------------------------------------------------------- for respondent no.1 : mr.velayutham pichaiya in w.p.28040/2011 cgsc --------------------------------------------------------------------------------------------- for respondent no.1 : mr.n.ramesh in w.p.17223/2013 cgsc --------------------------------------------------------------------------------------------- common order r.banumathi,j challenge in these writ petitions is the vires of the provision section 65(105)(zzzzt) of the finance act bringing within the ambit of 'service tax' certain forms of income generated from ".temporary transfer or permitting the use or enjoyment". ..... to service tax in the finance act, 1994 make it clear under section 64(3) that the act applies only ..... companies vs union of india and others (2011) 2 scc352 the controversy pertained to the validity of section 65 (12) and 65 (105) (zm) of the finance act 1994 as amended in so far as it seeks to levy service tax on leasing and hire purchase transactions. .....
Tag this Judgment!Court : Chennai
..... traced in the judgment reported in air2004sc3757 tamil nadu kalyana mandapam association versus union of india (t.n.kalyana mandapam case, for brevity) and air2007sc2990 all india federation of tax practitioners versus union of india (all india federation of tax practitioners case, for brevity).14 in t.n.kalyana mandapam case, challenge was made to sub-section (i) of section 67 of the finance act, 1994, in and by which, service tax was levied in relation to service provided by a mandap-keeper to his client and also other consequential proceedings. ..... 38 w.p.no.26458 of 2011 is filed by irctc, challenging the order dated 09/10.03.2011 passed by the second respondent, wherein, the demand of rs.2,84,63,795/-, being the service tax payable for the period from 01.06.2007 to 31.01.2009 has been confirmed with consequential interest and penalties under section 77 and 78 of the finance act, 1994. ..... 63 in w.p.no.1644 of 2012, the petitioner has prayed for a declaration declaring that the lease of the respective building/premises owned by them, cannot be subjected to service tax under the head renting of immovable property by virtue of provisions of section 66 of the finance act, 1994, as it does not fall under the head and also, it does not fall within the purview of section 65(90-a) and section 65 (105)(zzzz) of the finance act, 1994, with effect from 01.06.2007 and for a consequential direction. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309
..... on a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... the finance act of 1952 was a short document and section 2 thereof simply provided :the provisions of section 2 of and the first schedule to, the finance act 1951, shall apply in relation to income tax and super tax for the financial year 1952-53 as they apply in relation to income tax and super tax for the financial year 1951-52.... ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect of surcharge on super tax. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(190)ELT295(Kar)
..... in both these petitions is that the modvat credit though had been availed when it had been allowed, the concession under rule 57a of the rules having now been withdrawn as it was done away in terms of section 112 of the finance act, 2000 and the supreme court in the case of commissioner of commercial taxes, hyderabad v. ..... would not have been allowed to be taken or utilized, if the provisions of sub-section (1) had been in force at all material times, within a period of thirty days from the date on which the finance act, 2000 receives the assent of the president and in the event of non-payment of such credit of duty within this period, in addition to the amount of credit of such duty recoverable, interest at the rate of twenty-four percent per annum shall be payable from the ..... date immediately after the expiry of the said period of thirty days till the date of payment.explanation : for the removal of doubts, it is hereby declared that no act or omission .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2007)288ITR226(Hyd.)
..... we find that second proviso to section 7(2) of the finance act, 1995, specifically provides that "the amount of income-tax computed in accordance with the provisions of section 112 or 113 shall be increased in the case of a domestic company by a surcharge as provided in para-e of part-iii to first schedule". ..... cit 271 itr 322 sc, the apex court, examining the retrospective or otherwise nature of the amendment to the provisions of section 80hhc by the finance act, 1991, whereby the benefit of section 80hhc has been extended to a specific kind of mineral, held that every statute is prima facie prospective unless it is expressly or by necessary implication made to have retrospective operation. ..... it is further proposed to amend section 113 of the income-tax act to provide that the tax chargeable on the undisclosed income determined under chapter xiv-b shall be increased by the amount of surcharge applicable in the previous year in which the search commenced or requisition was made, and to amend clause (a) of sub-section (2) of section 119 of the income-tax act to enable the central board of direct taxes to issue such directions as it deems fit for relaxing the provisions of section 158bfa relating to charging of interest.the amendment in question .....
Tag this Judgment!Court : Supreme Court of India
..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner club to its members, to be ultra vires. ..... -notwithstanding anything to the contrary contained in the provisions of this act relating to the computation of income chargeable under the head "interest on securities", "income from house property", "capital gains" or "income from other sources", or in section 199 or in sections 28 to 43b, the profits and gains of any business of insurance, including any such business carried on by a mutual insurance company or by a co-operative society, shall be computed in accordance with the rules contained in the first schedule. 55 46. ..... misa (1875) lr10ex153 and explained as follows: a valuable consideration in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other. ..... there is nothing in the indian law to warrant the assumption that a shareholder who buys shares buys any interest in the property of the company which is a juristic person entirely distinct from the shareholders. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006[]STR75
..... the petitioner, during the relevant period, as share transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing ..... for the purposes of this clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing of service provided by ..... 2004, dated 10-9-2004, issued by the central government, under section 93(1) of the finance act exempting that portion of the value of certain taxable services from the whole of service tax leviable thereon, under section 66 of the finance act, which was received by the service provider prior to the ..... interest should not be paid by them on the amount demanded at (i) above under section 75 of the finance act, .....
Tag this Judgment!Court : Delhi
..... 04.01.2008 (at annexure p-4) issued by the respondent as illegal and unconstitutional by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the production and supply of ready-mix concrete ..... c) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the works contract started prior to 01.06.2007 are also eligible to pay the tax under the works contract services under section 65 (105) (zzzza) of the finance act, 1994 read with rules made thereunder by notification no.32/2007-st, dated 22.05.2007; d) issue such other writ/order/direction against the respondent for refund of the service ..... ) read with section 65(29) and section 65(39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction no.c.no.iv/16/56/07/stc dated 7-11-2007 (at annexure p-3) and under reference code no.097.03/04.01.08 of the circular no.98/1/2008-st, dated .....
Tag this Judgment!Court : Delhi
..... 04.01.2008 (at annexure p-4) issued by the respondent as illegal and unconstitutional by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the production and supply of ready-mix concrete ..... c) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the works contract started prior to 01.06.2007 are also eligible to pay the tax under the works contract services under section 65 (105) (zzzza) of the finance act, 1994 read with rules made thereunder by notification no.32/2007-st, dated 22.05.2007; d) issue such other writ/order/direction against the respondent for refund of the service ..... ) read with section 65(29) and section 65(39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction no.c.no.iv/16/56/07/stc dated 7-11-2007 (at annexure p-3) and under reference code no.097.03/04.01.08 of the circular no.98/1/2008-st, dated .....
Tag this Judgment!Court : Delhi
..... 04.01.2008 (at annexure p-4) issued by the respondent as illegal and unconstitutional by declaring that works contract of the petitioner were not subject to tax prior to the enactment of the finance act, 2007 as levied on works contract services under section 65(105)(zzzza) of chapter v of the finance act, 1994; b) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the production and supply of ready-mix concrete ..... c) issue a writ of certiorari/mandamus or any other appropriate writ/order/direction against the respondent declaring that the works contract started prior to 01.06.2007 are also eligible to pay the tax under the works contract services under section 65 (105) (zzzza) of the finance act, 1994 read with rules made thereunder by notification no.32/2007-st, dated 22.05.2007; d) issue such other writ/order/direction against the respondent for refund of the service ..... ) read with section 65(29) and section 65(39a), section 65(105)(zzq) read with section 65 (25b), section 65(105)(zzzh) read with section 65(30a) and section 65(91a) of chapter v of the finance act, 1994 as much as levying the service tax on the works contract and ready-mix concrete (rmc) as unconstitutional and also quashing of clarification given through instruction no.c.no.iv/16/56/07/stc dated 7-11-2007 (at annexure p-3) and under reference code no.097.03/04.01.08 of the circular no.98/1/2008-st, dated .....
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