Court : Supreme Court of India
..... limited only to the amount outstanding and this provision equally applies in relation to the expenses that had already been incurred and paid by the assessee; that disallowance under section 40(a)(ia) of the act of 961 as introduced by the finance (no.2) act, 2004 with effect from 01.04.2005 is applicable to the case at hand relating to the assessment year 2005-2006; and that the benefit of amendment made in the year 2014 to the provision in question is not available to the appellant ..... learned counsel for the revenue has further contended that the amendment to section 40(a) of the act with insertion of sub-clause (ia) by the finance (no.2) act, 2004 with effect from 01.04.2005 directly applies to the assessment year 2005-2006; and for the appellant having failed to deduct tax at source from the payment made to the sub-contractors for the work of ..... the learned counsel has painstakingly referred to the contents of the bill introducing the finance (no.2) act of 2004 where the expressions credited or paid were used but in the provision as enacted, the expression payable has occurred. ..... : (2016) 386 itr322 supplemental to these contentions, the learned counsel has also argued that, in any case, the finance (no.2) act, 2004 received the assent of the president of india on 10.09.2004 and hence, the rigour of sub- clause (ia) of section 40(a) of the act cannot be applied in relation to the payments already made before 10.09.2004, the date of introduction of this provision. 10.3.1. .....
Tag this Judgment!Court : Kolkata
..... -the people s choice reported in 2014 (36) str10 wherein the karnataka high court upheld the decision of the tribunal cancelling the show cause notice issued on 10th september, 2004 under section 73 (1) of the finance act, 1994 as it stood prior to the amendment for a period prior to the amendment as the show cause notice should have been issued under the amended provision and not under the ..... was then submitted that the impugned show cause notice has been validly issued under the proviso to section 73(1) of the finance act, 1994 as substituted by finance (no.2) act, 2004. ..... october, 2004, the petitioner got registered under construction service with the department for payment of service tax at calcutta after construction service was brought under the purview of service tax with effect from 10th september, 2004 by the finance (no.2) act, 2004. ..... show cause notice dated 21st april, 2006 and the notice for personal hearing dated 13th august, 2013 cannot be held to have been vitiated due to a delay of seven years.the finance act, 1994, at the time of issuance of the said show cause notice as well as the said hearing notice did not provide any period within which the adjudication proceedings should be completed. ..... contends that the show cause-cum-demand notice dated 21st april 2006 was issued on the grounds of suppression under the proviso to section 73 (1) of the finance act, 1994, which was not in existence during the material period of time i.e.1st october, 2000 to 9th september, 2004. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Reported in : LC(2007)(3)269
..... , 2005 by the finance (no.2) act, 2004. ..... view of the clear language of the section which did not postulate any restriction regarding the extent of shops and commercial establishments under section 80-ib(10) and such restrictions with retrospective effect imposed only by finance act, 2004 w.e.f. ..... 2) act, 2004 w.e.f.1st april, 2005, sub-section (10) as amended by the finance act, ..... act, 2004 and notes on clauses in finance ..... 2000 by the finance act, 2000 and by the finance act, 2003 and as substituted by the finance (no. ..... 2001 and finance act, 2003 w.e.f. ..... 2000 has laid down various conditions and the provisions of section 80-ib amended by various finance acts as amended w.e.f. ..... to be eligible undertaking, developing and building housing projects and for claiming deduction under section 80-ib(10), finance act, 2000 w.e.f. ..... act, 2004 (23 of 2004) ..... 2) act, 2004 which reads as under: extension of the time-limit for obtaining approval of housing projects for the purpose of tax holiday under section 80-ib, and allowing deduction for redevelopment or reconstruction of existing buildings under ..... 2) act, 2004 which reads as under: under the existing provisions contained in sub-section (10), hundred per cent deduction of the profits of an undertaking developing and building housing projects is allowed if the housing project is approved by a local ..... 2) act, 2004 and the same provided clause (d) of section 80-ib(10), where restriction is put regarding the maximum commercial area to be built-up in view of .....
Tag this Judgment!Court : Delhi
..... finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act ..... 2004 through the finance (no.2) act, 2004 by introducing another taxable services as construction service (later on renamed as commercial or industrial construction services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act ..... 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 tax ..... 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- ..... amended by the finance (no.2) act, 2004, w.e.f. ..... 2004, to include the erection services within its ambit, again by the finance act .....
Tag this Judgment!Court : Delhi
..... finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act ..... 2004 through the finance (no.2) act, 2004 by introducing another taxable services as construction service (later on renamed as commercial or industrial construction services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act ..... 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 tax ..... 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- ..... amended by the finance (no.2) act, 2004, w.e.f. ..... 2004, to include the erection services within its ambit, again by the finance act .....
Tag this Judgment!Court : Delhi
..... finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act ..... 2004 through the finance (no.2) act, 2004 by introducing another taxable services as construction service (later on renamed as commercial or industrial construction services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act ..... 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 tax ..... 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- ..... amended by the finance (no.2) act, 2004, w.e.f. ..... 2004, to include the erection services within its ambit, again by the finance act .....
Tag this Judgment!Court : Delhi
..... finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act ..... 2004 through the finance (no.2) act, 2004 by introducing another taxable services as construction service (later on renamed as commercial or industrial construction services ) under sub-clause (zzq) of clause (105) read with clause (25b) of section 65 of chapter v of the finance act ..... 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 tax ..... 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- ..... amended by the finance (no.2) act, 2004, w.e.f. ..... 2004, to include the erection services within its ambit, again by the finance act .....
Tag this Judgment!Court : Mumbai
..... the cit (appeals) observed that the provisions of section 80-ib(10) were substantially amended by finance (no.2) act, 2004 with effect from 1st april, 2005 wherein it was provided that the built up area of the shops and other commercial establishments included in the housing project should not exceed 5% of the aggregate built up area or ..... in that view of the matter, the definition of built up area, as inserted in sub-section (14)(a) of section 80-ib by the finance (no.2) act of 2004, which came into effect from april 1, 2005, cannot be held to be retrospective. ..... section 80-ib(14) was also amended by the same finance (no.2) act, 2004 and for the first time under clause (a) thereof, the words built-up area were defined ..... it would be important to note another amendment that was brought about by finance (no.2) act, 2004 to sub-section (14) of section 80-ib, w.e.f. ..... therefore, by finance (no.2) act, 2004, with effect from 1st april 2005, the legislature made substantial changes to sub-section (10) of section 80-ib ..... developers, reported in (2013) 353 itr 1 (karn), the question that arose before the karnataka high court was whether the definition of built-up area inserted in section 80-ib(14)(a) by finance (no.2) act, 2004, w.e.f. ..... noted above, by the very same finance (no.2) act 2004, w.e.f. ..... however, the provisions of section 80-ib(10) were substantially amended by way of finance (no.2) act, 2004 w.e.f. ..... date 1st april, 2005 is of some significance because by finance (no.2) act, 2004, w.e.f. .....
Tag this Judgment!Court : Mumbai
..... 1978);(iv)(iv) the additional duty of excise leviable under section 3 of the additional duties of excise (goods of special importance) act, 1957( 58 of 1957);(v)(v) the national calamity contingent duty leviable under section 136 of the finance act, 2001 (14 of 2001)(vi)(vi) the education cess on excisable goods leviable under section 91 read with section 93 of the finance (no.2) act, 2004 (23 of 2004)(via)(via) the secondary and higher education cess on excisable goods leviable under section 136 read with section 138 of the ..... finance act, 2007 (22 of 2007);(vii)(vii) the additional duty leviable under section 3 of customs tariff act, equivalent to the duty of excise specified under clauses (i), (ii), (iii), (iv), (v), (vi) and (via)(viia)(viia) ..... passed an order- in-original dated 19.12.2006 taking into consideration the provisions of the credit rules,2004 and more particularly, the definition of 'capital goods' as defined under rule 2(a)(a) and the definition of the term 'inputs' as defined under rule 2(k) of the credit rules, held that the appellant has wrongly availed of cenvat credit amount of rs.2,04,39,093/- under provisions of rule 14 of the credit rules read with section 73 of the finance act,1994. .....
Tag this Judgment!Court : Supreme Court of India
..... notification dated 26.6.2001 included within the ambit of excise duty any special excise duty collected under any finance act when under finance act, 2004 it was ordained that education cess to be collected as surcharge on excise duty payable on excisable goods and shall be a duty of excise, it became a special duty of excise by way of education cess chargeable and collected under finance act, 2004 and fell within the ambit of clause (3) of explanation appended to notification dated 26/6/2001. ..... altogether different aspect which is associated with the aforesaid notification granting exemption from payment of excise duty.3) it so happened that vide finance act, 2004, the education cess and higher education cess were also imposed, which are surcharge on the excise duty. ..... from the field formations, seeking clarification regarding the applicability of service tax exemption to education cess (refers to both education cess leviable under finance (no.2) act, 2004 and secondary and higher education cess leviable under finance act, 2007), under notifications where 'whole of service tax' stands.exempted. ..... available on collection of surcharge on excise duty under finance act, 2004 in terms of existing notification dated 26/6/2001 immediately ..... according to section 95(1) of finance (no.2) act, 2004 and section 140(1) of finance act, 2007, education cess and secondary and higher education cess are leviable and collected as service tax, and when whole of service tax is exempt, the same applies to .....
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