Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 section 22 insertion of new section 88d Court: mumbai Page 1 of about 124 results (0.077 seconds)

The Commissioner of Income Tax-16 Vs. M/s Happy Home Enterprises and A ...

Court : Mumbai

..... 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. ..... 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. ..... 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 ..... 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. ..... however, the provisions of section 80-ib(10) were substantially amended by way of finance (no.2) act, 2004 w.e.f. ..... 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 will require qualification in new circumstances. ..... there were several new conditions that were incorporated by the newly substituted sub-section. .....

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

..... as noticed by us hereinabove entry (zzzzj) was inserted into section 65(105) of the finance act, 1994 by the finance act 2008 with effect from 16/5/08. ..... in the meantime by the finance act 2008 entry (zzzzj) which we have quoted hereinabove was inserted into subsection (105) of section 65 of the finance act, 1994 to be effective from 16/5/08 to tax service in relation to supply of tangible goods including machinery, equipment and appliances for use, without transferring right of possession and effective control of such machinery, equipment and appliance. ..... entry (zzzzj) was inserted into section 65(105) of the finance act, 1994 by the finance act 2008 with effect from 16/5/08. ..... we are concerned here with the scope of entry (zzzy) inserted into section 65(105) of the finance act 1994 by the finance act, 2007. ..... by letter dated 14/8/07 addressed by sci who is one of the members of the 1st petitioner, the 5th respondent was informed that the new taxing entry has come into effect from 1/6/07 in relation to 'mining of mineral, oil or gas' and that service tax on charter hire of various types of vessels will be charged from the 5th respondent as per the terms of ..... union of india : [2004]267itr9(sc) has no application to the present case because catering services were held to be includable in the mandap keeper services in view of the specific definition of taxable service with regard to a mandap keeper which includes services rendered as a ..... : [2004]271itr322(sc) . .....

Estate of Late Shri Dharambir

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95ITD83(Mum.)

..... for this proposition it was also brought to our notice that now sub-clause (c) has also been introduced in addition to clauses (a) & (b) to section 45(5) with effect from 1-4-2004 by the finance act, 2003. ..... to simplify the procedure section 155(7a) was introduced by finance act, 1978 with retrospective effect from 1974-75. ..... then as per finance act, 1987 section 45(5) was introduced having clauses (a) and (b). ..... to overcome this difficulty sub-section (5) was introduced with effect from 1-4-1988 by the finance act, 1987. ..... shankerlal jain & associates have also drawn attention of the assessing officer on the provisions of section 45(5) which was introduced with effect from 1-4-1988 by the finance act, 1987. ..... it was held as under:- "held dismissing the application for reference, that the tribunal was correct in holding that the amounts received by the assessee by way of interest in respect of additional compensation under the land acquisition act, 1894, were not taxable in view of the finding of the tribunal that the grant of additional compensation and interest thereon had not become final due to appeal preferred by the government to the high court. ..... according to this newly inserted sub-clause (c) where in the assessment for any year, the capital gain arising from the transfer of capital asset is computed by taking the compensation referred to in clause (a) or as the case may be, enhanced compensation referred to in clause (b), ..... new jehangir vakil mills co. .....

Estate Late Shri Dharambir Vs. the Dcit [Alongwith Ita Nos. 7279,

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)96TTJ(Mum.)880

..... simplify the procedure section 155(7a) was introduced by finance act 1978 with retrospective ..... then as per finance act 1987 section 45(5) was introduced ..... "held, dismissing the application for reference, that the tribunal was correct in holding that the amounts received by the assessee by way of interest in respect of additional compensation under the land acquisition act, 1894, were not taxable in view of the finding of the tribunal that the grant of additional compensation and interest thereon had not become final due to appeals preferred by the government to the high court. ..... 2004 by finance act ..... by finance act 1956 ..... till then, can it be held that the assessee had "received" the enhanced compensation within the meaning of section 45(5) is a question to be answered in negative otherwise also it is a settled law that if there is any dispute with respect to an income, the said income cannot be said to accrue or arise unless the dispute is finally settled either by ..... according to this newly inserted sub-clause (c) where in the assessment for any year, the capital gain arising from the transfer of capital asset is computed by taking the compensation referred to in clause (a) or as the case may be, enhanced compensation ..... query that what will be the fate of all such cases between the period of april 1992 to april, 2004 because sub-section (7a) of section 155 stood deleted from april, 1992 and sub-clause (c) of section 45(5) was introduced w.e.f. ..... itr 739(kar) and new jahangir vakil mills, 117 .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... jul-2009 roads exemption from service tax to management, maintenance or repair of roads in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994) (hereinafter referred to as the finance act), the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service, referred to in sub-clause (zzg) of clause (105) of section 65 of the finance act, 1994, provided to any person by any other person in relation to management, maintenance or repair of roads, from the ..... , sections 97 and 98 have been inserted in chapter v of the finance act, ..... the same reads as under:- 65(25b) commercial or industrial construction means - (a) construction of a new building or a civil structure or a part thereof; or (b) construction of pipeline or conduit; or (c) completion and finishing services such as glazing, plastering, painting, floor and wall tiling, wall covering and wall papering, wood ..... service tax, headquarters, nagpur, by his letter dated 9th july, 2010 called upon the petitioner to submit the details of work done and the receipts for the same, during the period 2004-05 to 2009-12. ..... 2004 ..... commercial or industrial construction service was introduced as taxable service under the head construction service with effect from 10th september, 2004. ..... commercial or industrial construction service was introduced as taxable service under the head construction service with effect from 10th september, 2004. .....

National Rayon Corporation Ltd. Vs. G.R. Bahmani, Income-tax Officer, ...

Court : Mumbai

Reported in : [1965]56ITR114(Bom)

..... the assessment year 1956-57 in excess of 6 per cent of paid-up capital, the provisions of sub-clause (a) of clause (i) of the second proviso to paragraph d of part ii of the first schedule of the finance act, 1957, were not attracted inasmuch as in the previous year relating to the assessment year 1956-57 the petitioner-company's total income was found to be nil; there was, therefore, no question of calculating any tax or ..... case may be, computed ashereunder : -(a) on that part of the sum arrived at in the wholeaccordance with clause (i) of the second amount ofproviso to paragraph d of part ii of the such partfirst schedule to the finance act, 1956,as is referable to that amount of.......dividends, as the case may be, which hasnot been deemed to have been taken intoaccount, in accordance with clause (ii)of the said proviso, for the purpose ofreducing the rebate mentioned ..... is clear and self-evident, and on a mere reading of sub-clause (a) of clause(i) of the second proviso to paragraph d of part ii of the first schedule to the finance act of 1957 and ascertaining the facts on record, it is self-evident that the order made by the income-tax officer is the one which rectifies an obvious error of law. ..... section 55 of the indian income-tax act were satisfied super-tax was levied at a certain rate mentioned in the finance act. ..... by the finance act, 1956, a new scheme has been enacted which was obviously intended for the purpose of acting as a deterrent on certain companies declaring .....

20 Microns Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... , deleted all the sub headings under heading 25.05 with the result the statue book contained only the main tariff heading 25.05 with the enactment of finance act 1995, which was also the position prior to the enactment of finance act 1990.2.7 during the period 1990 to 1995, the sub heading 2505.10 read as underheading no sub heading no description of goods25.05 mineral substances, not elsewhere specified (including clay, earth colours, natural 2.8 thus the sub ..... heading 25.05.3.6 the plea that in any event, the demand made pursuant to the show cause notice dtd 16th september, 2003 for the period 7th february, 2000 to 6th october, 2001 is barred under section 11a of the act & the only ground on which the larger period is invoked is that the appellants did not declare in the declaration that they manufacture calcined china clay and only declared the china clay has ..... however chapter note begins with the expression "except where the context otherwise requires "this expression was introduced by the finance act 1990 simultaneously with the specific enumeration of calcined china clay in heading 2505.10. ..... the larger period is not available to invoke the demand.3.8 in any event, the issue involved in the present appeal relates to the classification of calcined china clay and therefore, the proviso to section 11a(1) cannot be invoked and penalties cannot be imposed as no intent to evade by incorrect classification can be established.3.9 the duty demands are not upheld. .....

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

..... inserted a new clause (zzzzv) to section 65(105) of the finance act, 1994, by the finance act ..... new clause (zzzzv) was inserted to section 65(105) of the finance act, 1994 by the finance act ..... 2011 the notification number 1/2006 service tax dated 1.3.2006, exempting the taxable services of the description specified in column 3 of the table in the notification from so much of the service tax leviable thereon under section 66 of the finance act 1994, as is in excess of the service tax calculated on a value which is equivalent to the percentage specified in column number 5 of the said table, of the gross amount charged by the service ..... so, the central government by the finance act, 2011 made an amendment to chapter v of the finance act 1994, relating to service tax, inserting sub-clause (zzzzv) to clause 105 of section 65, thereby, including one more ..... in the present case, service tax levied on services rendered by mandap-keeper as defined in the said act under sections 65, 66 and 67 of the finance act has been challenged by the appellants on the following two grounds: a) that it amounts to the tax on land and, therefore, by reason of entry 49 of list 2 of the seventh schedule of the constitution, only ..... following decisions in support of his above contentions:- (1) air 2004 sc 3757 tamil nadu kalyana mandapam association v/s union of ..... of the honourable supreme court in the case of tamil nadu kalyana mandapam association v/s union of india, reported in (2004) 5 scc 632/ air 2004 sc 3757, mr. .....

Commissioner of Income-tax, Bombay City I Vs. Army and Navy Stores Ltd ...

Court : Mumbai

Reported in : (1957)59BOMLR518; [1957]31ITR959(Bom)

..... if, therefore, we place the same construction upon the proviso to section 11 (11) of the finance act of 1946 as the proviso in section 10 (1) of the finance act of 1942, the position of the assessee is equally the same, because there is no doubt that the profits which the assessee made or which it might make were liable to be assessed to excess profits tax in the united kingdom. mr. ..... then we come to the finance act of 1946, and section 11, sub-section (11) of that act provided that any sum being excess profits tax which had been repaid was to be deemed to be income of the previous of the indian income-tax act and was to be treated as income of the previous year which constituted or included the chargeable accounting period in respect of which the said sum was repayable. ..... if that is so, them the position of the assessee company vis-a-vis excess profits tax is the same under the proviso to section 10 (1) of the finance act of 1942 as under the proviso to section 11 (11) of the finance act of 1946. ..... but if that is the interpretation which has to be placed upon the proviso to the finance act of 1942, then the same interpretation should be put upon the proviso to section 11 (11) of the finance act of 1946. .....

The Khatau Makanji Spg. and Weaving Co. Ltd. Vs. Commissioner of Incom ...

Court : Mumbai

Reported in : AIR1956Bom733; (1956)58BOMLR885; ILR1957Bom22; [1956]30ITR841(Bom)

..... on income and the power of parliament is equally clear and that is to fix the rate at which income-tax is to be charged upon the total income of the previous year of the assessee.in our opinion, the provision of the finance act travels beyond the ambit of section 3, and if parllament has done so then no effective charge can be made on the total income of the previous year of the assessee under the provisions of the ..... 3, income-tax act, be cause what the finance act does is to effectuate as it were section 3, income-tax act, and when we turn to section 3, which is the charging section, it imposes a charge on the total income of the previous year of the assessee.the rate at which this charge is to be imposed is not laid down in the income-tax act at all-and, as section 3 provides, that charge has to be fixed; by the central act. ..... it is because of this that in-come-tax is levied at different rates under the relevant finance act.with regard to the additional tax on excess dividend, it is quite clear that, that tax is not levied with reference to any rate in relation to the total income of the assessee company, and the very short question that we have to consider and decide is whether it is open to parliament, looking to the language of section 3, to levy a tax upon an assessee at a rate which has no relation whatsoever .....