Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 section 98 charge of securities transaction tax Court: customs excise and service tax appellate tribunal cestat delhi Page 1 of about 4 results (0.264 seconds)

R.S. Gupta and Co. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)8STR630

..... in this context, he draws our attention to the amendment to the finance act, 2004 with effect from 10.9.04 by which the services of sub-broker were brought into the net of service tax by including them in the definition for whatever services rendered by them by way of collecting the brokerage was not rendered by them as stock broker.3. ..... having heard both the sides and perused the records, we find that vide section 65(105) of the finance act, 1994 (as amended) taxable service means any service provided to a exchequer of a stock broker in connection with the sale or produce of security listed on a recognized stock exchange. ..... i find that, the demand has been confirmed on the ground that "the service provider has acted as share broker while making transaction with their clients and has charged a certain amount for providing services the same is liable to service tax. ..... further, section 65(101) defines 'stock broker' to mean a stock broker who has either made an application for registration or is registered as a stock broker in accordance with the rules and regulations made under the securities and exchange board of india act, 1992 (15 of 1992). ..... in this regard, i find that, they have provided services of stock broker while making transactions with their clients, they acted as share broker and has charged brokerage for providing such services, therefore, the adjudicating authority has rightly hold that such amount is liable to be service tax. .....

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2007)7STR673

..... the relevant provisions of sections 68(1), 71a and 73 as amended by the finance act, 2004, with effect from 10.9.2004 read as under: (1) every person providing taxable service to any person shall pay service tax at the rate specified in section 66 in such manner and within such period as may be prescribed ..... however, substantial amendments relevant to the present case were made in section 73 by the finance act of 2004. ..... they contended before the revenue that, they had challenged the constitutional validity of sections 116 and 117 of the finance act, 2000 and section 158 of the finance act, 2003 as well as section 71a of the finance act, 1994, therefore, the matter was subjudice. ..... the question is whether by enacting sections 116 and 117 of the finance act, 2000 and section 158 of the finance act, 2003, the bases on which this court struck down rule 2(1)(d), (xii) and (xvii) of the service tax rules, 1994 had been displaced or removed.15 ..... respondents-assessees had contended in their reply to the show cause notice that since the matter was pending before the supreme court on the question of challenge against the validating provisions of sections 116 and 117 of the finance act, 2000, section 158 of the finance act, 2003 and section 71a of the act, no amount was recoverable from them. ..... the curative statutes by their very nature are intended to operate upon and affect past transactions having regard to the fact that they operate on conditions already existing [see, itw signode india ltd. v .....

Greenply Industries Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(111)ECC151

..... from the 16th day of july, 1997 and ending with the 16th day of october, 1998, the provisions of chapter v of the finance act, 1994 (32 of 1994), as modified by section 116 of the finance act, 2000 (10 of 2000), shall have effect and be deemed always to have had effect subject to the following further modifications, namely: (a) in section 68, in sub-section (1), the following proviso shall be inserted at the end and shall be deemed to have been inserted on an from the 16th day ..... certain customers - notwithstanding anything contained in the provisions of sections 69 and 70, the provisions there of shall not apply to a person referred to in the proviso to sub-section (1) of section 68 for the filing of return in respect of service tax for the respective period and service specified therein and such person shall furnish return to the central excise officer within six months from the day on which the finance act, 2003 receives the assent of the president in the prescribed ..... appellants have deposited service tax liability on 13.1.2004 and 1.2.2004 and hence interest liability on the appellants will accrue from the expiry of two weeks from 17.11.2003, till the discharge of service tax liability by the appellants.8 ..... issued to the appellants in november, 2004 directing them to show cause as to why penalty should not be imposed and interest should not recovered from them for depositing the service tax liability late. ..... service tax liability on 31.1.2004 and 1.2.2004. ..... cce, bangalore 2004 (116) .....

Mount Shivalik Industries Ltd. Vs. Cce and C

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... on and from the 16 day of july, 1997 and ending with the 16^th day of october, 1998, the provisions of chapter v of the finance act, 1994 (32 of 1994), as modified by section 116 of the finance act, 2000 (10 of 2000), shall have effect and be deemed always to have had effect subject to the following further modifications, namely: (a) in section 68, in sub-section (1), the following proviso shall be inserted at the end and shall be deemed to have been inserted on an from the 16^th day of july ..... by certain customers -notwithstanding anything contained in the provisions of sections 69 and 70, the provisions there of shall not apply to a person referred to in the proviso to sub-section (1) of section 68 for the filing of return in respect of service tax for the respective period and service specified therein and such person shall furnish return to the central excise officer within six months from the day on which the finance act, 2003 receives the assent of the president in the prescribed ..... the appellants have deposited service tax liability on 13.1.2004 and 1.2.2004 and hence interest liability on the appellants will accrue from the expiry of two weeks from 17.11.2003, till the discharge of service tax liability by the appellants.8 ..... issued to the appellants in november, 2004 directing them to show cause as to why penalty should not be imposed and interest should not recovered from them for depositing the service tax liability late. ..... service tax liability on 9.2.04, 16.2.04 and 1.3.2004. .....

Commr. of C. Ex. Vs. Daya Engineering Works (Sleeper)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2006)(111)ECC227

..... the respondent had availed services of goods transport operator during the period from november, 1997 to june, 1998.after retrospective amendment of the provisions of sections 65, 66 and 67 of chapter v of finance act, 1994, show cause notice dated 2.8.2002 was issued to the respondent for recovery of service tax under section 117 of the finance act, 2002, which re-validated the levy and collection of service tax from the user of services of goods transport operators. ..... however, demand for value of taxable service escaping assessment of service tax could have been issued only under section 73 of the finance act, 1994 at the relevant time when show cause notice was issued. ..... it was also argued that section 117 of finance act gives retrospective effect to the said sub-clause of service tax rules so as to re validate the levy and collection of service tax on the services rendered by the goods transport operator from the users of such services.3. ..... it is also argued that section 117 of the finance act revalidates the provisions of sub-clause (xvii) of clause (d) of sub-rule (1) of rule 2 of service tax rules, 1994. ..... 5 where the supreme court confirmed that liability under section 73 of the finance act, 1994 covers cases of assessee, who are liable to file return under section 70 and liability to file return being cast on the appellants under section 71a, show cause notice issued under section 73 ibid is not maintainable. .....

Maharaja Shree Umaid Mills Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(158)ELT734TriDel

..... be made of all the credit of duty, which have been taken or utilised but which would not have been allowed to be taken or utilised; 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 nonpayment of such credit of duty within this period, in addition to the amount of credit of such duty ..... the said section 112(2) was incorporated in the finance act to validate the denial of credit of duty paid on high speed diesel oil and also to disallow such credit to be utilised for payment of any kind of duty on any excisable goods from 16-3-1995 till 12-5-2000 (date of president's assent to finance act, 2000) ..... sub-section (2) (b) of section 112 also provided that, in case the payment of credit of duty taken or utilised is not made within 30 days from the date of enactment of the finance act, 2000, then in addition to the recovery of credit, interest at the rate of 24% per annum shall be payable from the date immediately after the expiry of the said period of 30 days till the date of ..... in those cases payment of interest was demanded on the differential of sales tax paid at the time of filing return and that determined through final assessment ..... while in the sales tax cases, a final determination of tax amount was necessary in terms of the sales tax provisions, in the instant case no such determination is even ..... commercial tax officer (ca .....

M/S. Samtech Industries and Others Vs. C.C.E. Kanpur and and Others

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

..... with their customers were for repair of transformers, that when repair and maintenance service is taxable and in term of section 67 of the finance act, 1994, service tax is chargeable on the gross amount charged, value of the goods used for providing service would have to be included in the assessable value of the service, that in terms of the provisions of rule 5(1) of the service tax (determination of value) rules, 2006, any expenditure or cost incurred by the service provider in course of providing the taxable ..... however, this rule has been struck down as ultra vires the provisions of section 66 and section 67 of the finance act, 1994 by honble delhi court in the case of intercontinental consultants and technocrafts pvt. vs. ..... and since there is a sale of goods involved in the transactions of the appellants with their clients and the condition of the notification of not availing cenvat credit in respect of the goods used for providing service are satisfied, this exemption would be available and the value of the goods used would not be part of the assessable value of the service and as such no service tax can be charged on the value of the goods used and that, therefore ..... when the value of the goods used has been shown separately in the invoices and sales tax/vat has been paid on the same, the supply of the goods would have to be treated as sale and the transactions which are sale, cannot be the part of service transaction. .....

Shree Shyam Filaments Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2004)(176)ELT512TriDel

..... it has been submitted by the appellants in their memorandum of appeal that they had taken the credit of duty paid on hsd oil under rule 57 b of the central excise rules, 1944; that section 112 of the finance act, 2000 provided that credit is not admissible in respect of hsd oil with retrospective effect; that the validity of the provisions of disallowing the modvat credit with retrospective effect was challenged before the rajasthan high ..... there is no force in the contention that the matters are pending in rajasthan high court supreme court as the appellants themselves have not challenged the validity of the said section of the finance act, 2000 in any high court of supreme court not there any appeal filed by them is pending in supreme court. ..... cce meerut, [2000 119 elt 715 (t-lb)] has held that provision of section 112 of the finance act, 2000 has come into force with effect from 12.5.2000 in view of which high speed diesel oil is not eligible for benefit of credit during the period 16.3.95 to 12.5.2000 ..... it is, further mentioned in the memorandum of appeal that in order to invoke section 112 (2)(b) of the finance act for levy of interest, it is absolutely necessary that the adjudication orders in pursuance of the show cause notice should have been passed during the period 16.3.95 to 12.5.2000; that section 112 only validates demand which has already been adjudicated by the show cause notice; that the said provision does not automatically confirm the demands which are not subject .....

Markfed Oil and Allied Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)(84)ECC860

..... order passed by the deputy commissioner under impugned order in exercise of powers under section 84 of the finance act, 1994, directing them to calculate and supply the gross freight figures for the period 16-11-97 to 2-6-98 and deposit the service ..... by the officers subordinate to him; that the only issue taken up by the deputy commissioner under the adjudication order was with regard to imposition of penalty under section 77 for not filing the returns under section 70 of the finance act, 1994; that there was no proposal in the show cause notice for levy of service tax or interest; that there was also no adjudication on these issues by the deputy commissioner and accordingly these issues cannot be taken up in revision. ..... to show cause as to why the penalty under section 77 of the finance act may not be levied on account of their failure to file the returns of the service tax; that the deputy commissioner under order dated 14-12-2001 dropped the proceedings in terms of supreme court decision in laghu udyog bharti case; that subsequently, the parliament validated certain actions taken under service tax rules under section 117 of the finance act, 2000 retrospectively; that the commissioner thereafter revised the .....

M/S South Eastern Coalfields Ltd Vs. Cce, Raipur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... the notice was issued on 02-11-2004 pointing out the retrospective amendment made in finance act, 1994 by finance act 2003 and the prospective amendment in section 73 of finance act 1994 made by finance act 2004. ..... after the retrospective amendment by finance act 2000, the question arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period as per rule 2 ..... arose whether this amendment was good enough to issue demands under section 73 of finance act, 1994 on persons who had not paid tax during the said period a per rule 2 (d) (xvii ..... 70, the provisions thereof shall not apply to a person referred to in the proviso to sub-section (1) of section 68 for the filing of return in respect of service tax for the respective period and service specified therein and such person shall furnish return to the central excise officer within six months from the day on which the finance bill, 2003 receives the assent of the president in the prescribed manner on the basis of the ..... the question whether notices issued under the provisions of section 73 of the act as it stood prior to 10-09-2004, for recovery of taxes not paid for the said period was initially decided by tribunal ..... , an issue came up that rule 2 (d) (xvii) of the service tax rules 1994 was ultra virus the provisions of the finance act, 1994 in as much as the act provided for demanding duty only from service providers and not from receivers of service .....