Court : Karnataka
..... finance (no.2) act, 2004 inserted sec.10(37) in the act from 01.04.2005 to provide specific exemption to the capital gains arising to an individual or a huf from compulsory acquisition of an agricultural land situated in specified urban-limit subject 3 3 to fulfillment ..... from payment of tax deduction at 1 4 source(tds) and also from payment of income tax in view of section 96 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and section 194-la of the income tax act amended vide finance act 67 of 2017 w.e.f 01.04.2017 as well as the cbdt circular dated 25.10.2016?. re. ..... of deposit till the date of refund; (v) it is declared that the petitioners in both the petitions are entitled to compensation under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; (vi) it is also declared that the compensation payable in favour of the petitioners in both the petitions is exempt 4 5 from payment of income tax as well as exempt from tax deduction at source ..... act was amended vide finance act 67 of ..... no.36/2016 government of india ministry of finance department of revenue central board of direct taxes ita.ii division, north block, new delhi, the 25* of october, 2016 sub : taxability of the compensation received bythe land owners for the land acquired under the right of fair compensation & transparency in land acquisition, rehabilitation and resettlement act, 2013 (rfctlaar act) reg. .....
Tag this Judgment!Court : Karnataka
..... finance (no.2) act, 2004 inserted sec.10(37) in the act from 01.04.2005 to provide specific exemption to the capital gains arising to an individual or a huf from compulsory acquisition of an agricultural land situated in specified urban-limit subject 3 3 to fulfillment ..... from payment of tax deduction at 1 4 source(tds) and also from payment of income tax in view of section 96 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and section 194-la of the income tax act amended vide finance act 67 of 2017 w.e.f 01.04.2017 as well as the cbdt circular dated 25.10.2016?. re. ..... of deposit till the date of refund; (v) it is declared that the petitioners in both the petitions are entitled to compensation under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; (vi) it is also declared that the compensation payable in favour of the petitioners in both the petitions is exempt 4 5 from payment of income tax as well as exempt from tax deduction at source ..... act was amended vide finance act 67 of ..... no.36/2016 government of india ministry of finance department of revenue central board of direct taxes ita.ii division, north block, new delhi, the 25* of october, 2016 sub : taxability of the compensation received bythe land owners for the land acquired under the right of fair compensation & transparency in land acquisition, rehabilitation and resettlement act, 2013 (rfctlaar act) reg. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the finance (no.2)act, 2004 inserted section ..... circular at annexure `b dated 4.9.2010, the state government has clarified that tax has to be deducted at source in respect of the interest awarded under sections 28 and 34 of the act on the compensation for acquiring the agriculture lands though deduction of tax at source shall not be made in respect of compensation paid for acquisition of agricultural land. 14. ..... however, the land acquisition officer has proceeded to deduct 10% of the interest awarded under sections 28 and 34 of the act towards deduction of tax at source on the basis of the circular issued by the state government at annexure `b dated 4.9. ..... learned counsel for the petitioners submits that having regard to section 194la of the income tax act, 1961, the second respondent is not justified in deducting the tax at source from the interest accrued on delayed payment ..... for consideration in these writ petitions is whether the land acquisition officer, koppal, the second respondent herein is justified in deducting 10% of the interest awarded under sections 28 and 34 of the land acquisition act, 1894 (for short `the act) towards deduction of tax at source though the lands acquired were agricultural lands. 2. ..... perusal of the different provisions of the land acquisition act would disclose that after the statutory notifications are issued and the requisite notice is given to the persons interested in the lands acquired, the deputy commissioner, after holding necessary enquiry makes .....
Tag this Judgment!Court : Karnataka
..... in order to avoid such unnecessary litigations, the parliament introduced sub-section (3) to section 12aa by finance (no.2) act of 2004 with effect from 1.10.2004 which reads as under: "section 12aa(3): where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12a as it stood before its amendment by the finance (no.2) act, 1996 (33 of 1996) and subsequently the commissioner is satisfied that the activities of such trust or institution ..... assessee was registered under section 12a of the income tax act, 1961 by the cit, karnataka-iii, bangalore, vide ..... the funds, if they are maintaining false accounts, it is open to the authorities to deny the benefit under section 11 of the income tax act, but that is not a ground for cancelation of registration itself. ..... the possession of the trustees, bogus entries in the accounts and payments made to the members of the family which are recorded in code numbers, the benefit under section 11 of the income tax act need not be extended and such amounts should be taxed. ..... 27.11.2006 was issued to the assessee calling for reasons as to why registration granted under section 12a and recognition granted under section 80g of the act should not be withdrawn. ..... 12aa(3) of the act by the commissioner despite being satisfied based on material detected in the course of search that the activity of the trust was not genuine and was not being carried out in accordance .....
Tag this Judgment!Court : Karnataka
Reported in : 2010[18]STR146
..... tax in terms of the provisions of section 11a of the act, on the premise that there was suppression of facts on ..... section 35g of the central excise act, 1944, by the commissioner of service tax, service tax commissionerate, bangalore, is as to whether the tax liability under the provisions of finance act, 2005, in respect of the activity of the respondent-assessee namely, activity of enhancing the acidic value of humic acid supplied to the assessee by its sister concern on job work, by collecting the process charges, for the period from 10-9-2004 to 28-2-2005 was liable to ..... 2) act, 2004 and again by way of amendment of finance act, 2005 notified on 16-6-2005, it was clarified that ..... under section 65(19) of the finance act, 1994 and this statutory provision has undergone a change by the amendment given effect retrospectively from 10-9-2004, as substituted by the finance (no. ..... of the matter and allowed the appeal of the assessee, holding that the adjudication order, in so far as it levied tax under the provisions of the act for the period from 10-9-2004 to 28-2-2005, is not sustainable and consequently, penalty cannot be imposed for this period.3. .....
Tag this Judgment!Court : Karnataka
..... in exercise of the powers conferred by section 37 of the central excise act, 1944 (1 of 1944) and section 94 of the finance act, 1994 (32 of 1994), the central government amended the cenvat credit rules, 2004 by issue of a notification as under:- notification: 50/2008-c.e. (n.t. ..... 31-dec-2008 cenvat credit rules, 2004 - third amendment of 2008 in exercise of the powers conferred by section 37 of the central excise act, 1944 (1 of 1944) and section 94 of the finance act, 1994 (32 of 1994), the central government hereby makes the following rules further to amend the cenvat credit rules, 2004, namely:- 1. ..... order no.85-99/2012 dated 8.2.2012 passed by the cestat, bangalore and uphold the demand as per order in original no.14-15/2009 dated 12.10.2009/14.10.2009 this appeal is filed under section 35g of the central excise act, 1944 arising out of order dated 24.6.2013 passed in final order no.25516/2013 praying to allow the appeal of the appellant and decide the question of law as framed above and etc. ..... though the definition of the word "export" in the sez act, in sec.2(m) included supply of goods to a "unit" or "developer", in clause (i) of sub-rule (6) of rule 6 of the cenvat credit rules, 2004 the word "developer" was conspicuously missing and only "unit" was included before the 2008 ..... of the explanation, the demand was confirmed under the provisions of section 11ac of the central excise act, 1944 read with rule 15(2) of the cenvat credit rules 2004 along with interest and penalty. .....
Tag this Judgment!Court : Karnataka
..... to nepal or bhutan) without payment of duty; (d) credit of any duty allowed to be utilised towards payment of excise duty on final products under the provisions of this act or the rules made thereunder and such order is passed by the commissioner (appeals) on or after the date appointed under section 109 of the finance (no.2) act, 1998: provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause (b) or clause (c) ..... (1a) every appeal against any order of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 47 of the finance act, 1984 (21 of 1984), before the appellate tribunal and any matter arising out of, or connected with, such appeal and which is so pending shall stand transferred on such commencement to the ..... the petitioners have assailed amendment made to section 35f of the central excise act, 1944 (hereinafter referred to as the act', for the sake of brevity), as amended by section 105 of the finance act (no.2) 2014 (hereinafter referred to as 2014 act', for the sake of convenience) with effect from 6/8/2014, which provides for monetary pre-deposit of 7.5% for first appeals and 10% for second appeals on the total tax or ..... paid on various input services and has also undertaken to comply with the procedures as stipulated in the finance act, 1994 read with the service tax rules, 1994 as well as the cenvat credit rules, 2004. .....
Tag this Judgment!Court : Karnataka
..... rule 2(p) defines output service as under:- output service means [any taxable service, excluding (xxp) of clause (105) of section 65 of the finance act, provided by the provider of taxable service], to a customer, client, subscriber, policy holder or any other person, as the case may be, and the expressions provider and provided shall be ..... , 2004 are framed by the central government by virtue of the powers conferred on it both by the central excise act, 1944 and finance act, 1994 whereas the determination of value of excisable goods rules, 2000 are framed only under the central excise act. ..... answer this question it is necessary to notice the relevant provisions under the cenvat credit rules, 2004 (prior to its amendment from 1.4.2008), central excise act, 1944 as well as the finance act, 1994. 8. ..... the power conferred by section 37 of the central excise act 1994 and section 94 of the finance act, 1994 the central government have promulgated the cenvat credit rules 2004. ..... act, (ii) xxxxx (iii) xxxxx (iv) xxxxx xxxxxxxx paid on- (i) any input or capital goods received in the factory or manufacture of final product or premises of the provider of output service on or after the 10th day of september 2004 including the said duties, or tax, or cess paid on any input or input service, as the case may be, used in the manufacture of intermediate products, by a job-worker availing the benefit of exemption specified in the notification of the government of india in the ministry of finance .....
Tag this Judgment!Court : Karnataka Dharwad
..... cenvat credit may be utilized for payment of service tax on any out put services and rule 3(4) of the cenvat credit rules, 2004, read with section 68 of the finance act , 1994, particularly, are referred to and extracted, which read as follows: (4) the cenvat credit may be utilized for payment of- a) any duty of excise on any final product; or b) an amount equal to cenvat credit taken on inputs if such inputs ..... in view of the specific reference to service tax and the benefit allowed to a service provider, read with the fiction created by section 68(2) of the finance act, 1994, this court is of the opinion that there is no ground to disagree with the judgment and reasoning of the punjab and haryana high court in nahar industries enterprises ltd ..... 22,31,610/- along with interest at also proposed for imposition of penalty under section 76 of finance act, 1994 and rule 15(3) of cenvat credit rules, 2004, by the adjudicating authority vide order in original no. ..... 22,31,610/- along with interest and it was also proposed to impose penalty under section 76 of the finance act , 1994 read with rule 15(3) of cenvat credit rules, 2004. ..... 68(1) and (2) of the finance act, 1994 read as follows: sec. 68 ..... : this central excise appeal is filed under section 35g of the central excise act, 1944, praying to set aside the final order no. ..... it was opined that the act of the assessee of taking credit of service tax paid on gta services and reutilizing the same for payment of service tax on gta services is not .....
Tag this Judgment!Court : Karnataka
Reported in : 2012ILR(Kar)55; 2012(1)KCCR468(DB)
..... infact, rule 3 of the cenvat rules, 2004, specifically provides that the manufacturer of final products shall be allowed to take credit, the service tax leviable under section 66 of the finance act and paid on any input service received by the ..... , premises of provider of output service or an office relating to such factory or premises, advertisement or sales promotion, market research, storage upto the place of removal, procurement of inputs, activities and relating to business, such as accounting, auditing, financing, recruitment and quality control, coaching and training, computer networking, credit rating, share registry, and security, inward transportation of inputs or capital goods and outward transportation upto the place of removal; 10. ..... (prayer: this cea filed under section 35g of the central excise act, 1944 arising out of the central excise act, 1944 arising out of order dated 01/05/2009 passed in final order no.573/2009, praying to decide the substantial question of law stated therein, set aside the order passed by the cestat, ..... therefore under the scheme of the cenvat credit rules, 2004, the service tax paid on all those services which the assessee has utilized directly or indirectly in or in relation to the final product is ..... health insurance services should not be treated as wrong availment and utilization of input service credit and the same should not be recovered under rule 14 of the cenvat credit rules, 2004 and also interest and penalty on the duty leviable. 4. .....
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