Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Page 2 of about 39,421 results (0.093 seconds)

Cellular Operators Association of India and Others vs.union of India a ...

Court : Delhi

..... in respect of taxable services, the finance act, 2015 had omitted section 95 of the finance (no.2) act, 2004, which imposed ec on taxable services, vide section 153 and section 140 of finance act, 2007 and she on taxable services vide section 159, with effect from the date as notified by the central government in the official gazette. ..... ec and she were also abolished and ceased to be payable on taxable services when section 95 of finance act (no.2) 2004 and section 140 of finance act, 2007 were omitted by finance act, 2015. ..... by notification no.14/2015-ce dated 1st march, 2015, the central government in public interest had granted exemption to all goods falling in the first schedule of the central excise tariff act, 1885 from whole of ec leviable thereon under section 93 of the finance (no.2) act, 2004. ..... finance (no.2) act, 2004 had introduced levy of ec on excisable goods and taxable services. ..... (c) no.7837/2016 page 7 of 26 which partially permit utilization of ec and she by adding six provisos in rule 3, sub-rule (7) in clause (b), which reads as under:-" cenvat credit rules, 2004-second amendment of 2015 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. .....

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

..... in the counter affidavit filed by the respondents, it is stated that the services done by outsourcing agencies are to be treated as business auxiliary service as defined under section 65(19) of the finance act, 1994 as substituted by the finance (no.2) act, 2004 and the definition information technology service includes computer software, system networking, data processing, etc. ..... (e) it is stated that the impugned circular does not impose any tax liability but only explains the scope of changes made by virtue of the amendments in the finance act, 2004 and therefore, the question that it is violative of article 265 of the constitution of india does not arise. ..... that was also followed in the finance act, 2004, with effect from 10.9.2004 and that status has been followed till the finance act, 2007, as stated above. ..... therefore, according to the respondents, the maintenance branch of information technology was brought into the purview of service tax structure by the amendment made to section 65(19) by explanation (b) in finance act, 2004. ..... state of andhra pradesh [(2004) 178 elt 22 (sc) = (2005) 1 scc 308] and observed that software being goods, any service in relation to maintenance or repairing or servicing of software is liable for service tax under section 65(105)(zzg) read with section 65(19) of the finance act, 1994 and hence, the circular is in supercession of earlier circulars.5. .....

Amit Estate Organizer Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2008)113TTJ(Ahd.)1018

..... the reference made by the ao to the departmental valuer could not be held to be bad in law, in view of the provisions of section 142a, as inserted by the finance (no.2) act, 2004, with retrospective effect from 15th nov ..... 1995-96, 1996-97 and 1998-99 as well as for making any addition on the basis of such report in these three assessment years.23.2(ii) here, it can be argued that after the insertion of provisions of section 142a by the finance (2) act, 2004 with retrospective effect from 15th nov. ..... on account of alleged difference in cost of construction; there shall have to be a corresponding deduction of identical amount because the amendment brought about in section 69c by finance (2) act of 1999 being effective from 1st april, 1999 was applicable only for asst. yr. ..... effect from 1st april, 1998, second proviso to section 143(l)(a) was substituted by the finance act, 1997, which was operative till 1st june, 1999. ..... june, 1994 by finance act 1994. ..... june, 1999 by explanation as introduced by the finance act (no. ..... a result of insertion of explanation to section 143 by the finance act (no. ..... but we are of the opinion that it is not so because the provisions of section 142a, though have been made applicable only to the cases where the assessments had not become final on or before 30th day of september, 2004, but in our opinion, these provisions have not made the references having made under section 131(l)(d) of the act in the cases where the assessments have not become final till 30th sept. .....

Commissioner of Income Tax Vs. M/S.Arun Excello Foundations Pvt. Ltd.

Court : Chennai

..... learned senior counsel further pointed out to the amendment brought forth under finance (no.2) act, 2004 with effect from 1.4.2005 inserting clause (d) as well as insertion of clauses (e) and (f) under the finance (no.2) act, 2009, with effect from 1.4.2010 to section 80-ib(10) of the act and submitted that read in the context of sub clause (c) of section 80-ib(10) of the act, restrictions as regards allotment to an individual in a family under clauses (e) and (f) and in the context of sub clause (d) as the built-up commercial area, it was clear that the ..... as regards the amendment brought forth by introduction clause (d) of section 80-ib(10) of the act under finance act 2 of 2004, with effect from 1.4.2005, the tribunal agreed with the assessee that clause (d) being brought into statute book with effect from 1.4.2005 only, the same was prospective and not retrospective. ..... for the first time in 2005, clause (d) was inserted under finance (no.2) act of 2004, which restricted the built-up area of the shops and other commercial establishments included in the housing project as not to exceed five per cent of the aggregate built-up area of the housing project or two thousand square ..... the section, as it stood prior to the amendment under finance (no.2) act, 2004, with effect from 01.04.2005 and after the amendment under finance (no.2) act, 2004, are as follows: 25. .....

Wipro Limited Vs. Union of India

Court : Delhi

..... the following enactments, namely: (a) (b) the additional duties of excise (goods of special importance) act, 1957 (58 of 1957); (c) the additional duties of excise (textiles and textile articles) act, 1978 (40 of 1978); (d) national calamity contingent duty leviable under section 136 of the finance act, 2001 (14 of 2001), as amended by section 169 of the finance act, 2003 (32 of 2003), section 3 of the finance act, 2004 (13 of 2004) and further amended by clause 123 of the finance bill, 2005, which clause has the force of law by virtue of the declaration made ..... under the provisional collection of taxes act, 1931 (16 of 1931); (e) special excise duty collected under a finance act; (f) ceac 16 2012 the central excise act, 1944 (1 of 1944); additional duty of excise as levied under .....

Commissioner Income Tax-i Vs. Chd Developers Ltd.

Court : Delhi

..... developers (ita no.355/2009) and held that definition of built up area was inserted by finance (no.2) act of 2004, which came into effect from 1-4-2005, is prospective in nature and has no application to the housing projects which were approved by local authority prior to that date, strongly supports the case of the assessee ..... sub-section (10), before substitution by finance (no.2) act, 2004, stood as under: (10) the amount of profits in case of an undertaking developing and building housing projects approved before the 31st day of march, 2005 by a local authority, shall be hundred per cent ..... soon after the finance (no.2) act of 2004; this was brought into force w. e. f ..... by finance (no.2) act, 2004 (23 of 2004), sec ..... it is also not in dispute that the approval was granted by the competent authority to the assessee on 16-3-2005 meaning thereby the project was approved before the amendment inserted/ substituted by finance (no.2) act of 2004, w.e.f. ..... ) was also examining this provision where the question was whether the definition of built-up area inserted by finance (no.2) act, which became effective from 1.4.2005 is prospective or retrospective in nature and it held that the same to be prospective in nature ..... however, this condition was substituted by the finance (no.2) act of 2009 with effect from 1-4-2009, which has been further explained by subclause (ii) to the explanation regarding completion certificate ..... earlier subsection (10) was amended by the finance act, 2000 (10 of 2001), sec. .....

Piu Ghosh Vs. Deputy Commissioner of Income Tax, Circle52 and Ors.

Court : Kolkata

..... the question formulated on 12th august, 2009 when the appeal was admitted reads as follows : whether the tribunal below substantially erred in law in applying provision of section 40(a)(ia) of the income tax act, 1961 in the present case pertaining to assessment year 2005-06 when the provisions were substituted by the finance act, 2004 with effect from april 1,2005 ?. ..... the finance (no.2) act,2004, no.23 of 2004 got presidential assent on 10th september, 2004. ..... , the finance act, 2004 got presidential assent on 10th september, 2004. ..... not been able to point out as to how could the assessee have come to know that the omission to deduct tax from any payment made to a contractor shall become not deductible under section 40 before the finance act 2004 got presidential assent on 10th september, 2004. ..... (ia) was added to section 40 by section 11 of the aforesaid finance act of 2004. ..... section 11 of the finance act by which clause (ia) was added to section 40 of the income tax act does not provide that the same was to become effective from the assessment year 2005 ..... bharadwaj, learned advocate appearing for the assessee/appellant submitted that sub-section 2 of section 1 of the amendment act provides that the law shall be deemed to have come into force on 1st april, 2004 except as otherwise provided. ..... -section 2 of section 1 of the aforesaid act provides as follows : (2) save as otherwise provided in this act, sections 2 to 65 shall be deemed to have come into force on the 1st day of april, 2004. .....

Commissioner of Custom, Icd, New Delhi Vs. M/S. Chandra Prabhu Interna ...

Court : Delhi

..... the question before the court in sneh enterprises (supra) was whether the finance (no.2) act, 2004 which amended section 9a(8) could apply retrospectively to a 2002 notification, since the amendment was otherwise to come into force w.e.f ..... in april 2002 and second, that section 15 of the customs act could not apply through section 9a(8) of the cta, as finance (no.2) act, 2004 (which it was argued, introduced section 9a(8)) did not apply retrospectively to a notification in 2002 ..... the provision was only amended by the finance act, 2004 to read: (8) the provisions of the customs act, 1962 (52 of 1962) and the rules and regulations made thereunder, 4[relating to, the date for determination of rate of duty, non-levy, short-levy, refunds, interest, appeals, offences and penalties] ..... , it appears that the supreme court was under the impression that section 9a(8) of the cta was introduced by the finance act, 2004, although in reality, the provision was inserted custom. a. ..... 3/2013 page 5 inserted by finance act, 2004, and that the amendment thereto by finance act, 2009 applicable retrospectively with effect from 01.01.1995 will apply in this case ..... 2013 page 17 have intended to incorporate section 15 of the customs act (via section 9a(8) of the cta) prior to 2004 since sub-section (8) of section 9a was introduced by finance act, 2004. ..... the other hand, the question before this court is whether the 2009 amendment of section 9a(8) (finance (no.2) act, 2009) has retrospective application w.e.f. .....

Tamil Nadu Cricket Association Vs. Director of Income Tax

Court : Chennai

..... , with effect from 01.06.2010 therein empowering the commissioner to cancel the registration granted under the stated circumstances, reads as under:- provision inserted under finance act, 2004: section 12aa(3):- where a trust or an institution has been granted registration under clause (b) of sub-section (1) and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are not being ..... as follows: ".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 are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case ..... subsection (3) was inserted into the provisions of section 12aa by the finance (no.2) act, 2004 with effect from 1 october 2004. ..... was omitted from the section by the finance act 1983, with effect from 01.04.1984, consequent on the amendment to section 11, where under profits and gains of business in the case of charitable or religious trust and institutions would not be entitled to exemption under that section, except in .....

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

Court : Chennai Madurai

..... 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. ..... therefore, it is clear that before the amendment to section 65(39a) under finance act, 2005, installation of plumbing, drain laying or other installations for transport of fluids was not included within the definition of "erection, ..... it could be seen from the amendment to section 65(39a), introduced under finance act, 2005, that the definition of "erection, commissioning or installation" was extended so widely as to include (i) electrical and electronics devices, (ii)plumbing, (iii)heating, ventilation or air-conditioning, (iv) thermal insulation, (v) lift and escalator, and ..... 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 ..... the provisions of the finance act, 1994 were intended to levy and collect taxes on untapped ..... section 88 of the finance act, 2005, section 65(39a ..... in the business of laying down pipelines and that therefore the same would not come within the purview of the expression "plant, machinery or equipment" so as to attract the provisions of section 65(29) of the finance act, 2003. ..... 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. .....