Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 section 98 charge of securities transaction tax Court: mumbai Page 1 of about 198 results (0.164 seconds)

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

Court : Mumbai

..... 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 whole of the service tax leviable thereon under section 66 of the said finance act ..... when dealing with particular business or transactions words are, therefore, presumed to be used with the particular meaning in which they are understood in the particular ..... is that the charging section applies both the clauses, namely section 65(64) and section 65(105) uniformly. ..... exchanged between the department and the petitioners:- (i) the superintendent, 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. ..... that commercial or industrial construction service was introduced as taxable service under the head construction service with effect from 10th september, 2004. ..... that commercial or industrial construction service was introduced as taxable service under the head construction service with effect from 10th september, 2004. .....

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)

..... being aggrieved by this action of the respondents, the petitioners filed the instant writ petition on 6/11/08 praying inter alia for a declaration that the taxing entry contained in section 65(105)(zzzy) of the finance act 1994 does not apply to marine logistic services provided by the members of the 1st petitioner. ..... section 66 of the finance act,1994 is the charging section which says that services referred to in subclauses of clause 105 of section 65 are taxable as per the rates stated therein. ..... 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 tender for charter hire of various types of vessels. ..... transaction of allowing another person to use the goods, without giving legal right of possession and effective control, not being treated as sale of goods, is treated as service.19. ..... 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) . .....

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

Court : Mumbai

Reported in : [1965]56ITR114(Bom)

..... the scheme, in short, was that when conditions of section 55 of the indian income-tax act were satisfied super-tax was levied at a certain rate mentioned in the finance act. ..... to the amount or theaggregate of the amounts, as the 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 therein ..... had declared dividends in the previous year relating to 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 ..... in the total tax levied on the assessee-company additional income-tax was charged in respect of dividends distributed in excess of the specified limit mentioned in the finance act, 1950. .....

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

..... conferred under section 93(1) of the finance act 1994, the government of india, amended with effect from 1.5.2011 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 ..... the relationship between the dispenser of food and one who consumes it on the premises is one of contractual relationship, a relationship of such a nature that an implied warranty of wholesomeness reflects the reality of the transaction involved and an express obligation understood by the parties in the sense that the customer does, in fact, rely upon such dispenser of food for more than the use of due care. ..... setalwad has relied upon the following decisions in support of his above contentions:- (1) air 2004 sc 3757 tamil nadu kalyana mandapam association v/s union of india. ..... by placing heavy reliance upon a judgment 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)

..... 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. ..... the assessee company's contention was that the amount of refund should be distributed to the various charging periods and should be treated as income of the previous year in respect of which the repayment was made. ..... 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. ..... 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. .....

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

Court : Mumbai

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

..... 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. ..... ambit is that the tax to be levied must be a tax 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 finance act which deals with ..... (2), (3) and (4) should be reformulated and the one question that we are raising correctly brings out the controversy between the assessee and the department, and the question is to the following effect:'whether additional income-tax has been legally charged under clause (ii) of the proviso to para b of part i of the forest schedule to the indian finance act, 1951, as applied to the assessment year 1953-54 by the indian finance act, 1953 read with section 3, indian income tax act? .....

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

..... and which is issued under exercise of the powers conferred by section 68(2) of the finance act, 1994 (act 32 of 1994) and in supersession of clause (i) of notification of the government of india in the ministry of finance (department of revenue) no.15/2012service tax, dated 17th march 2012, published in the gazette of india, extraordinary, part-ii, section 3 subsection (i) and (ii) notification of the government of india, in the ministry of finance (department of revenue) no.36/2004 service tax dated 31st december, 2004 except as respects things done or omitted to be done before such ..... of the above term and as appearing in the chapter v of finance act 1994 as amended by finance act, 2010 (act no.64 of 2010) dated 8th may, 2010 with effect from 1st july, 2010, that time the definition read as under: (105) taxable service means any service provided or to be provided; (a) any person, by a stockbroker in connection with the sale or purchase of securities listed on a recognised stock exchange; (b) and (c) x x ..... income tax act, 1961 was a permanent act while the finance acts are passed every year to prescribe the rates at which the tax has been charged under the income tax act, 1961 still it would not mean that a new and distinct charge cannot be introduced under the finance act. ..... is submitted that in law a transaction can, depending on its nature attract two taxes, and thus, while the income of a lawyer is subject to income tax, service tax is leviable on the services provided by .....

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 ..... 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. .....

Great Eastern Shipping Co. Ltd. Vs. Commissioner of Income-tax, Bombay ...

Court : Mumbai

Reported in : [1979]118ITR609(Bom); [1979]1TAXMAN393(Bom)

..... the headnote of the aforesaid supreme court decision may be fully set out : 'all that the second proviso to paragraph d of part ii of schedule i to the finance act, 1959, provides for is that if there is any unabsorbed reduction of rebate in the assessment year 1958-59, then that can be taken into consideration while allowing rebate in the assessment year 1959-60 ..... 27,144 in the assessment year 1957-58, it had suffered a loss for the assessment year 1958-59 and no corporation tax was leviable for that year, and in the assessment year 1959-60 it was entitled to a rebate of rs. ..... in the view of the tribunal, the determination of the figure did not depend upon the actual liability to tax in the relevant assessment years earlier to the assessment year in question. ..... 66(1) of the indian income tax act, 1922, and the question referred to us is as follows : 'whether, on the facts and in the circumstances of the case, it has been rightly held that the rebate of rs ..... accordingly, the withdrawal of the corporation tax rebate was carried forward and given effect to in the assessment year in question ..... in his assessment order for the assessment year 1959-60, the ito worked out the rebate of corporation tax allowable to the assessee at rs. ..... the assessee carried the matter in second appeal to the income-tax appellate tribunal. ..... by this order of the ito, the assessee carried the matter in appeal to the aac, who rejected to contention of the assessee and upheld the withdrawal of rebate of super-tax of rs. .....