Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Page 13 of about 39,421 results (0.063 seconds)

Commissioner of Income-tax, Karnataka (Central) Vs. Islamic Academy of ...

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as to why registration granted under section 12a and recognition granted under section 80g of the act should not be withdrawn.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 .....

Commr. of Customs and C.E. Vs. Bharat Box Factory

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ459

..... aggrieved by the same, the commissioner of customs and central excise has preferred these applications raising the following question of law:whether education cess levied and collected under section 91 of the finance act, 2004 can be considered as a duty of excise for the propose of grant of refund in cash or by way of self credit under notification n0.56/2002-ce dated november 14, 2002 (as amended) as the said ..... whether education cess levied and collected under section 91 of the finance act 2004 can be considered as a duty of excise for the grant or refund in the cases or by way of self credit under notification dated november 14,2001, is definitely related to rate ..... the rate of duty of excise and that being so, the only remedy open to the commissioner is to move the supreme court and this court cannot entertain these applications under section 35g of the act, since appeal shall lie to the high court only against those orders not being orders related to the determination of any question having a relation to the rate of duty of excise or to ..... be refunded for operationalising the exemption; education cess which was in the nature of piggy back duty on the excise duties under the central excise act, 1944, additional duties of excise (goods of special importance) act, 1957 and additional duties of excise (textile and textile articles)act, 1978, was also required to be refunded because it was not at all leviable in view of the entitlement to exemption worked out under paragraph .....

Director of Income Tax Vs. Infrasoft Ltd.

Court : Delhi

..... it is pertinent to mention here that the finance act, 2004 has inserted category no.55b to include intellectual property services to ..... the assessee further contended before the ao that section 44d inserted by finance act, 2003 w.e.f 01.04.2004, making all the expenditure incurred for earning royalty or fee for technical services allowable, was liable to be given retrospective application to the case of the assessee for the assessment year 2003-04 as that was ..... of any country outside india or specified territory outside india, (a) for the granting of relief in respect of (i) income on which have been paid both income-tax under this act and incometax in that country or specified territory, as the case may be, or (ii) income-tax chargeable under this act and under the corresponding law in force in that country or specified territory, as ======================================================================= the case may be, to promote mutual economic relations, trade and investment, or (b) for ..... 4.8.2 as per provision of section 9 the payment made for import of software are ======================================================================= royalty payment and the only exception provided is in the form of second proviso to section 9(1)(vi) of the act which excludes such royalty income from purview of section 9(1)(vi) only when the computer software is supplied by a non-resident manufacturer along with computer or computer based equipment under any scheme approved under the .....

Central Warehousing Corporation vs.m/s Vardhaman Precision Profiles an ...

Court : Delhi

..... . the respondent claims that the service tax had been introduced only by the finance act, 2004 with effect from 10.09.2004 ..... in vishwanath sood case it was held by this court that a particular claim of the government was excluded because the superintendent engineer acted as the revisional authority to decide disputes between the two parties by an adjudicatory process, there being a complete machinery for settlement of the disputes in the relevant clause and most importantly, the superintendent engineer had the ..... this petition under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) has been filed by the petitioner challenging the arbitral award dated 29.07.2009 passed by the sole arbitrator adjudicating the disputes that have arisen between the parties in relation to letter of intent/work order dated 06.08.2004 issued by the petitioner in favour of respondent for the construction work of 8580 sq.mts. ..... to sum up, our conclusions are: (i) while deciding a petition under section 20 of the arbitration act, 1940, the court is obliged to examine whether a difference which is sought to be referred to arbitration is one to which the arbitration agreement applies. ..... . in the present case, the letter of intent had been issued on 06.08.2004 and therefore, it was a case of subsequent tax legislation not contemplated by the parties at the time of the agreement and was, therefore, reimbursable by the petitioner.15 .....

Valley Velvet P. Ltd. and anr. Vs. Union of India (Uoi) and 3 ors.

Court : Gujarat

Reported in : 2008(222)ELT352(Guj); (2006)2GLR1373

..... case, assuming that it is permissible for the respondents to take action under the proviso of section 11 of the act in respect of dues which have crystallized prior to the introduction of the proviso to section 11 of the act vide the finance act, 2004, even then as held by the apex court in a catena of decisions such action has to be taken within ..... cannot be permitted to wake up from their slumber and take shelter behind the amended provision of the act, that too, an amendment which has been brought on the statute book, several years after the assets ..... initiate recovery in relation to the dues of the erstwhile unit by the impugned communication dated 10th december, 2004 after a period of almost 10 years from the date of purchase of the said unit by the ..... said proviso has been brought on the statute book with effect from 10/9/2004 only and that the present case can under no circumstances be covered ..... purchased the properties in auction, they sought registration under the very act for the purposes of manufacturing the goods by using the same properties ..... petitioners having been effected in the exercise of powers under section 29 of the sfc act, the department was entitled to recover the dues of the erstwhile unit from the petitioners ..... it is in these circumstances that the petitioners have challenged the aforesaid communication dated 10/12/2004 as well as the action of the respondents in threatening the petitioners with coercive action in case of failure to deposit the amount due from the .....

M/S.Rajyalakshmi Machine Works Pvt. Ltd. Vs. Commissioner of Central E ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

the assessees herein failed to pay cess due on clearances effected during the months of may and june, 2007 beyond a period of 30 days from the due date. the removals, therefore, were deemed to have been made without payment of duty and hence a show-cause notice was issued proposing recovery of duty (education cess) and proposing imposition of penalty. the demand of rs.3,54,252/- was confirmed together with interest and a penalty of rs.1 lakh was imposed on the assessees; hence this appeal. 2. i have heard both sides. the submission of the assessees that demand cannot be raised and confirmed under rule 8 of the central excise rules, 2002, for delay in payment of cess, as rule 2 (e) defines duty duty payable under section 3 of the act, while education cess is payable not under section 3 of the central excise act, but under section 91 of the finance act, 1994, is well-founded. although section 93 of the finance act, 2004 sets out that education cess levied under section 91 shall be a duty of excise, since the central excise rules, 2002 confine the definition of duty to duty payable under section 3 of the central excise act, rule 8 is not applicable in the case of delay in payment of cess, which is leviable under the finance act and not under the central excise act. i, therefore, set aside the impugned order and allow the appeal.

Veer Service Station and Others Vs. GNCT of Delhi and Others

Court : Delhi

..... the principal contention about the invalidating of the basis of the measure of tax envisaged under section 4a of the act as inserted vide finance act, 2004 is that while it levies taxes on the sale transaction carried on by the manufacturer or wholesalers or distributor the measure with which total turnover is to be determined is not part of the sale which attracts tax but its premise ..... government) taking effect from the 3rd june, 2012 shall not form part of the sale price of petrol sold on or after the date of the commencement of the delhi value added tax (third amendment) act, 2012 till such date as the government may, by notification in the official gazette, direct or if the price of petrol falls below the sale price prior to 3rd june, 2012, whichever is earlier: ..... read as under:section 2 (l) (zd): sale pricemeans the amount paid or payable as valuable consideration for any sale, including(i) the amount of tax, if any, for which the dealer is liable under section 3 of this act;(ii) in relation to the delivery of goods on hire purchase or any system of payment by instalments, the amount of valuable consideration payable to a person for such delivery including hire charges, interest and other charges incidental to such ..... of writ petitions is to the constitutional validity of explanation 2 inserted by the delhi value added tax (fourth amendment) act, 2012 to section 2(1) (zd) of the delhi value added tax act, 2004 ( dvat act') as well as to the amendment made in the return form i.e. .....

Commissioner of Income Tax, Kochi Vs. Trans Asian Shipping Services (P ...

Court : Supreme Court of India

..... xiig incorporating this tts which was introduced by the finance act, 2004, had to be interpreted keeping in view the aforesaid ..... "valid certificate" means, in case of ships registered in india (a) having a length of less than twenty-four metres, a certificate issued under the merchant shipping (tonnage measurement of ship) rules, 1987 made under the merchant shipping act, 1958 (44 of 1958); (b) having a length of twenty-four metres or more, an international tonnage certificate issued under the provisions of the convention on tonnage measurement of ships, 1969, as specified in the merchant shipping (tonnage measurement ..... merchant shipping act, 1958 (44 of 1958); and (c) a valid certificate in respect of such ship indicating its net tonnage is in force, but does not include (i) a sea going ship or vessel if the main purpose for which it is used is the provision of goods or services of a kind normally provided on land; (ii) fishing vessels; (iii) factory ships; (iv) pleasure crafts; (v) harbour and river ferries; (vi) offshore installations; (vii) (clause (vii) omitted by the finance act, 2005 (18 ..... under this chapter, shipping companies are given a choice to either get income from the shipping business computed in accordance with the provisions contained in the act meant for computation of income in respect of business or profession or opt for methodology of computing income as per the special formula provided in that chapter which accords a different treatment and different manner .....

The Commissioner of Income Tax. Vs. Sh. V.D.GuptA.

Court : Punjab and Haryana

..... as regards additions on account of unexplained construction of new house based on valuation as per report of the dvo, there has been an amendment by way of insertion of section 142a vide finance act, 2004 with effect from 15.11.1972. ..... this appeal has been preferred by the revenue under section 260a of the income tax act, 1961 ("the act") against order dated 22.7.2004 passed by the income tax appellate tribunal, delhi bench 'g', delhi in ita no.4221/del/2000, for the assessment year 1997-98, claiming following substantial questions of law:-"i). ..... the assessee claimed long term capital gain from sale of shares which was claimed to be exempt under section 54f of the act on the ground that the amount of capital gain was utilised for construction of a new house. ..... but in the case of present assessee reference was made by the assessing officer u/s 131(1) of income tax act in which the powers of the assessing officer are distinct to the power to refer the matter to the valuation cell u/s 55a of income tax act?"3. ..... in the case of amiya bala paul, reference to the valuation cell was made by the assessing officer u/s 55a of income tax act. .....

Geekay Wires Pvt. Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2006)(113)ECC284

..... " while coming to the above conclusion, the adjudicating authority ignored the facts that only amended provision of finance act 2004, in note 10 of section xv, it has been stated "in relation to the products of this section, the process of drawing or redrawing a rod, wire or any similar article, into wire shall amount to "manufacture". ..... collector of central excise, kanpur galvanised stranded stay wire (gss wire) out of gi wires by stranding 7 or 8 single galvanised wires amounts to manufacture in terms of section 2(f) of central excise and salt act, 1944, utility and strength having been improved. ..... collector of central excise, kanpur which has categorically held that conversion of galvanized stranded wire out of gi wires by stranding 7 or 8 galvanised wires amounts to manufacture in terms of section 2(f) of central excises and salt act, utility and strength having been improved. ..... gopal rao, managing director of the appellant's company under rule 209a of the central excise act, 1944. ..... 75,57,768/- under rule 9(2) read with proviso to sub-section 1 of section 11a of the central excise act, 1944. .....