Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 section 95 education cess on taxable services Page 8 of about 234 results (0.124 seconds)

Jodhana Real Estate Development Vs. Assistant Commissioner of Wealth

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1996)54TTJ(JP.)552

..... as the assessee was aggrieved by the order of the learned cwt(a) on the ground that he denied retrospective operation of the amendment made by finance act, 1988, as also on the ground that he sustained the enhancement in the values of certain properties, it gave rise to appeals before us which are numbered as wta nos. ..... the learned cwt(a), after hearing the assessee as well as the ao, held that the amendment brought about by the finance act, 1988 was effective from 1st april, 1989 and hence the assessee could not claim any exemption for the assessment years under consideration. ..... but the assessee was also of the opinion that the amendment carried out by finance act, 1988 exempting certain business assets from the levy of wealth-tax, was of a clarificatory nature and hence had retrospective operation. ..... it is also accepted that with the passing of finance act, 1983, the assessee became liable to wealth-tax and accordingly started filing its wt returns. ..... 40(3) of the finance act, 1983 was amended by finance act, 1988, whereby it was provided that certain assets which were held by a company as stock-in-trade in a business carried on by it, such assets shall not form part of the net wealth of the company for the purpose of levy of ..... 7 has been held to be a machinery section and schedule iii referred to therein a procedural provision. .....

Jodhan Real Estate Development Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1996)56ITD90(JP.)

..... there can be no intendment about the applicability of substantive law when the date of its applicability has been specifically provided for section 87 of the finance act, 1988 specifically provides that the amendment will be with effect from 1-4-1989. ..... however, by the time these assessments were completed, section 4(3) of the finance act, 1983 was amended by finance act, 1988, whereby it was provided that certain assets which were held by a company as stock-in-trade in a business carried on by it, such assets shall not form part of the net wealth of the company for the purpose of levy of ..... on account of the revival of levy of wealth-tax in the case of closely held companies by section 40 of the finance act, 1983, the assessee filed its return of wealth for the assessment year 1984-85 on 30-3-1985 declaring total wealth of rs ..... in the instant case, the proceedings not having reached finality as yet, and sub-section (4) of section 40 of the finance act, 1983 having been rendered redundant, we remand back the matter to the learned cwt(a) with a direction that the impugned properties be valued as per schedule-ill to the wealth-tax act for all the years under consideration.20. ..... the only effect of keeping this redundancy in section 40 of the finance act is that schedule-ill would be applicable in the case of the companies also ..... reference to section 7(3) of the wealth-tax act, as regards the value determined by the d vo, has been specifically made in section 40(4) of the finance act, 1983.18 .....

Commissioner of Income-tax, Madras Vs. Sundaram Industries Private Ltd ...

Court : Chennai

Reported in : [1969]71ITR380(Mad)

..... the mere existence of jurisdiction and the consequential exercise of such jurisdiction by themselves are not sufficient, if the third factor, namely, that the directive of the income-tax officer in issuing an order under section 23a satisfies the test of reasonableness as is normally and commercially understood, is not established.in the light of the above well-settled guidelines, the relevant provisions of the finance acts of 1955 and 1956 have to be read and interpreted in the instant case. ..... 'in the instant case, while it is necessary to consider the scope of the retroactive operation of the amendment caused by the finance act of 1955 and 1956, it should also be remembered that section 23a is in the natural of a penal provision and necessarily the onus is on the revenue to prove that the ingredients of the section are satisfied before an order is made thereunder. ..... by such substitution, which, according to section 28 of the finance act of 1956, shall be deemed to have come into force on the 1st day of april, 1955, the finance act of 1956 is expressly retroactive. ..... the distribution was so effected in accordance with the letter and procedure as was in force on the date of distribution which but for the supervening amendment of section 23a by the finance acts of 1955 and 1956, appears to be in order. ..... (2) whether the amendment made to section 23a by the finance act, 1956, could not be applied to the assessee company for the assessment year 1955-56 ? .....

Futura Fibres and Futura Polymers Vs. Cce

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

..... over the supreme court's ruling, parliament amended section 65 ibid in relation to the limited period 16.07.1997 to 16.10.1998 under section 116 of the finance act, 2000, whereby recipients of `goods transport' service and `clearing and forwarding' service were defined as "assessees". ..... assessees has submitted that, as the subject show-cause notices were issued after 12/05/2000 (the date on which the finance act, 2000 received presidential assent), the demands of service tax raised therein are hit by the apex court's ruling in laghu udyog bharati vs uoi [1999 (112) ..... later on, the finance act, 2003, made certain amendments to the service tax provisions of the finance act, 1994, whereby the aforesaid assessees were required to present tax returns to the proper officer within six months from 14.05.2003 (date on which the finance act, 2003 received ..... such demands are not affected by the amendments made to section 65 by parliament under section 116 of the finance act, 2000 and consequently they are hit by the apex court's ruling in ..... or anything done or purported to have been taken or done at any time during the period commencing on and from the 16th day of july 1997 and ending with the day, the finance act, 2000 received the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done" vide ..... the appeals are recipients of taxable services, namely `clearing and forwarding' service and `goods transport' service. .....

Commissioner of Service Tax Vs. Japan Airlines International Co. Ltd.

Court : Delhi

..... whether the custom, excise and service tax appellate tribunal (cestat) in an appeal under sub-section (2) and (2a) of section 86 of the finance act, 1994 read with applicable provisions of the central excise act, 1944, can examine and go into the question of application of mind on merits by the committee of chief commissioners or commissioners?. (2). ..... first, the adjudicating authority had imposed a nominal penalty of rs.5,000/- evenwhile returning a finding in its favour, to the effect, that the respondent / assessee had wrongfully availed of cenvat credit amounting to rs.1,09,70,221/- qua input services which were not taxable. (i)(a). ..... that it had not complied with the provisions of rule 6(3) of cenvat credit rules, 2004 (in short the cenvat rules) during the period 2008-2009; (ii). ..... second, that the demand raised (which included cess imposed) qua excess baggage though confirmed, was held to have been paid, without ascertaining, as to whether the amount, towards this demand, was actually deposited by the respondent / assessee. ..... that it had wrongly availed cenvat credit on services which were not used for providing taxable output services; (iii). .....

The Additional Commissioner, Central Excise, Madurai Vs. M/s. Strategi ...

Court : Chennai Madurai

..... section 65(105)(zzd) of the finance act, 1994 defined "taxable services" to mean "any service provided to a customer, by a commissioning and installation agency in relation to commissioning or installation". ..... therefore, a show cause notice, dated 30.05.2005, was issued on the ground that they are liable to pay service tax on the value of the service rendered by them under the category of "erection, commissioning or installation services" during the period from 01.07.2003 to 31.10.2003, under the proviso to section 73(1) of the finance act, 1994. ..... at the development that had taken place from 01.07.2003 would show (i) that the focus of section 65(28) with effect from 01.07.2003 was on the commissioning or installation of plant, machinery or equipment, (ii) that the focus of section 65(39a) with effect from 10.09.2004 was also on commissioning or installation of plant, machinery or equipment, with the addition of the service of erection, and (iii) that the focus of section 65(39a) with effect from 2005 was on several things, apart from plant, machinery ..... by section 90 of the finance (no.2) act, 2004, section 65(28) was omitted and a new section 65(39a) was inserted with effect from 10.09.2004. ..... accounts of the respondent/assessee, the department noticed that the assessee received an amount of rs.5,19,45,145/- towards labour charges for installation and commissioning of grp pipes for various customers during the period from 01.07.2003 to 31.10.2004. .....

K. Sunil Kini Vs. Income Tax Officer, Ward 2(2),

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2006)6SOT139(Bang.)

..... if the legislature had intended the relevant amendments effected by the finance act, 1997 to make non-compete fees chargeable to capital gains tax, then, when the finance act, 2002 made such receipts taxable under section 28, it would also have amended section 55(2)(b) to remove the words 'right to manufacture, produce or process any article or thing'.this was not done.in the case of r.k. ..... 75 lakhs was taxed as business income relying on clause (va) of section 28 inserted into the statute book by finance act, 2002, with effect from 1-4-2003.the commissioner (appeals), in the first appeal, had accepted the assessee's claim that the receipt in question is a capital receipt.however, he was of the view that the receipt is liable to be taxed as capital gains in view of the amendment effected to section 55(2)(b) by finance act, 1997. ..... cit(2004) 88 itd 185 (chennai) trib.bench of chennai tribunal was pleased to bold that such receipts are taxable only from 1-4-2003 as business income. ..... cit (2004) 90 itd 124 (chd-trib), chandigarh bench of tribunal held as under: "as regards questions as to whether interest under section 139(8)/215/ 234a/234b was chargeable in view of the fact that assessments completed by the assessing officer under section 146 were not regular assessments, emphasis was on 'regular assessment'. .....

Commissioner of Income-tax Vs. Industrial Promotion and Investment Cor ...

Court : Orissa

Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)

..... original explanation which was inserted by the finance act, 1970, with effect from april 1, 1966, was omitted by the finance act, 1974, with effect from april 1, ..... officer was of the opinion that the assessee was entitled to deduction of 4d per cent, of the total income under section 36(1)(viii) of the act, but limited the same to the reserve created of rs. ..... on being moved by the revenue under section 256(1) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal'), has referred the following questions to this court : ..... financial corporations engaged in providing long-term finance for industrial or agricultural development in india or public companies providing long-term finance for construction or purchase of houses in india for residential purposes are entitled to a deduction, in the computation of their taxable profits, of an amount not exceeding 40 per cent, of the total income carried to a ..... in view of this conclusion, the revenue moved for a reference under section 256(1) and, as aforestated, two questions have been referred to this ..... right in holding that the deduction permissible under section 36(1)(viii) of the act was to be calculated on the assessee's total income as it stood before the deduction allowable under section 36(1)(viii) of the act. ..... of the dispute as to what would be the quantum of deduction, it is relevant to refer to section 36(1)(viii) of the act as it stood at the relevant time.'36. .....

All India Haj Umrah Tour Organizer Association Mumbai Vs. Union Of Ind ...

Court : Supreme Court of India

..... the taxable territory is defined in clause 52 of section 65b of the finance act to mean the territory to which the provisions of the relevant chapter service tax statutory provisions containing sections 64 to 114 of the finance act apply. ..... by way of, (a) organisation of a cultural, artistic, sporting, scientific, educational or entertainment event including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or (b) services ancillary to organisation of any of the events or services referred to in clause (a), or assigning of sponsorship to such events, (i) to a registered person, shall be the location of such person; (ii) to a person other than a registered person, shall be the place where the event is actually held and if the event is held ..... (5) the place of supply of services supplied by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organisation, shall be the place where the event is actually held. ..... the place of provision of services provided by way of admission to, or organization of, a cultural, artistic, sporting, scientific, educational, or entertainment event, or a celebration, conference, fair, exhibition, or similar events, and of services ancillary to such admission, shall be the place where the event is actually held. .....

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

..... the first proviso was also amended by the finance act, 2003 with effect from 1st april, 2004 by omitting the following words:referred to in clause (a) or clause (c) or clause (d) or clause (e) or clause (f).the section as it stood before the finance act, 2003, treated payments in respect of tax, duty, cess or fee, payment made to an employee, as bonus or commission or services rendered as set out therein any sum payable by the assessee as interest on any loan or borrowing from any public financial institution as set out therein, any ..... shall in respect of any sum referred to in clause (b) be allowed unless such sum has actually been paid during the previous year on or before the date as defined in the explanation below clause (va) of sub-section (1) of section 36.the second proviso was substituted by finance act, 1989 with effect from 1st april, 1989 and read as under:provided further that no deduction shall in respect of any sum referred to in clause (b) be allowed unless such sum has actually been paid ..... on behalf of the revenue their learned counsel submits that the deletion of the second proviso to section 43b by the finance act 2000 with effect from 1st april, 2004 would only mean that section 43b as it stands in so far as employer's contribution is concerned will be governed by the 1st proviso from 1st april, 2004.on the other hand on behalf of the assessee the learned counsel submits that the amendment is curative. .....