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Deputy Commissioner of Vs. Shubham Industies

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)104ITD126Luck

..... obviously, since section 142a was not actually on the statute book till it was inserted by the finance act, 2004, the power could not have been exercised by making a specific reference to section 142a, but now when section 142a is inserted and when the legislature has clarified that the said provision is deemed to be on the ..... he submitted that the said section has been inserted by the finance act, 2004, effective from 15-11-1972. ..... in the light of the above findings of the tribunal, the department has filed application and has stated that in view of the amendment made by the finance mi, 2004, by inserting section 142a of the act, which is effective from 15-11-1972, the dvo's report, obtained by the assessing officer under section 131(1) of the act be deemed to be a valid report and as such the addition made by the assessing officer be confirmed. ..... section 40a(7) was introduced in the income-tax act, with retrospective effect from 1-4-1973, by the finance act, 1975, on 12-5-1975. ..... 2) act, 2004, the order dated 9-11-2004, passed in ita nos ..... 2) act, 2004, the order dated 9-11-2004, passed in ita nos ..... 2) act, 2004, the order dated 9-11-2004, passed in ita nos ..... 2) act, 2004. ..... 2) act, 2004 with retrospective effect from 15-11-1972 inserted section 142a which reads as under: 142a ..... 2) act of 2004 or not ..... 2) act, 2004 reads as under: 142a ..... , section 142a was inserted in the act by the finance (no. ..... under section 254(2) of the income-tax act, 1961, in itat's order dated 9-11-2004, passed in ita nos. .....

Dy. Cit(A) Vs. Subham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... , right from the fifteenth day of november, 1972, the ao had the power to make reference to the valuation officer.obviously, since section 142a was not actually on the statute book till it was inserted by the finance act, 2004, the power could not have been exercised by making a specific reference to section 142a. ..... he submitted that the said section has been inserted by the finance act, 2004, effective from 15^thnovember. ..... in the light of the above findings of the tribunal, the department has filed application and has stated that in view of the amendment made by the finance act, 2004, by inserting section 142-a of the act. ..... section 40a(7) was introduced in the income-tax act, with retrospective effect from april 1, 1973, by the finance act, 1975, on may 12,1975. ..... 2) act, 2004, the order dated 9^thnovember, 2004, passed in i.t.a.nos. ..... 2) act, 2004, the order dated 9^thnovember, 2004, passed in i.t.a. ..... 2) act 2004 with retrospective effect from 15.11.1972 inserted section 142a which reads as under: 142a (1) for the purposes of making an assessment or reassessment under this act, where an estimate of the value of any investment referred to it section 69 or section 69b or the value of any bullion, jewellery or other valuable article referred to in section 69a on section 69b is required to be made, the assessing officer may require ..... 2) act, 2004, the order dated 9^thnovember, 2004, passed in i.t.a. ..... 2)act, 2004. ..... 2) act of 2004 or not. ..... 2) act, 2004, reads is as under: "142a. .....

Deputy Commissioner of Income Tax Vs. Shubham Industries

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2007)106TTJLuck34

..... , right from the fifteenth day of november, 1972, the ao had the power to make reference to the valuation officer.obviously, since section 142a was not actually on the statute book till it was inserted by the finance act, 2004, the power could not have been exercised by making a specific reference to section 142a. ..... in the light of the above findings of the tribunal, the department has filed application and has stated that in view of the amendment made by the finance act, 2004, by inserting section 142a of the act, which is effective from 15th nov. ..... he submitted that the said section has been inserted by the finance act, 2004, effective from 15th nov. ..... the tribunal dismissed the revenue's appeal for more or less identical reasons.section 40a(7) was introduced in the it act, with retrospective effect from 1st april, 1973, by the finance act, 1975, on 12th may, 1975.since the assessment order and the appellate order of the aac were completed long before the insertion of sub-section (7) in section 40a and even the order of the tribunal ..... 2) act, 2004, the order dt. ..... 2) act, 2004. ..... 2) act, 2004, the order dt. ..... 2) act, 2004, the order dt. ..... 2) act, 2004 with retrospective effect from 15th nov. ..... 2) act of 2004. ..... 2) act, 2004, reads as under: 142a. .....

Banswara Syntex Ltd. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : RLW2007(4)Raj2995

..... the explanation appended to notification dated 26.6.2001 included within the ambit of excise duty any special excise duty collected under any finance act when under finance act, 2004 it was ordained that education cess to be collected as surcharge on excise duty payable on excisable goods and shall be a duty of excise, it became a special duty of excise by way of education cess chargeable and collected under finance act, 2004 and fell within the ambit of clause (3) of explanation appended to notification dated 26/6/2001. ..... respondents urged that order under challenge has been validly made as the rebate is a creature of notification issued by appropriate government in that regard and there being no earlier notification providing rebate on education cess payable under finance act, 2004, no rebate was available in respect of education cess paid by any manufacturer in respect of export of his product out of country untilthe notification was issued.11. ..... consequently, rebate became available on collection of surcharge on excise duty under finance act, 2004 in terms of existing notification dated 26/6/2001 immediately. ..... considering that under this notification alone rebate on education cess was allowed in terms of rule 18 of the central excise rules, 2002, the revisional authority held that prior to issuance of notification dated 6/9/2004, no rebate was available on education cess which become payable on commencement of finance act of 2004 w.e.f. .....

G.D. Builders Vs. Uoi and anr.

Court : Delhi

..... introduction and imposition of service tax on works contract by finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act 2005 respectively. ..... the term construction service was defined in section 65 clause (30a) as under finance act (no.2) of 2004 as: construction service means,(a)construction of new building or civil structure or a part thereof; or (b) repair, alternation or restoration of, or similar services in relation to, building or civil structure, which is(i) used, or to be used, primarily for; or (ii) occupied, or to be occupied, primarily with; or (iii) engaged, or to be ..... notification no.15/04-st dated 10th september, 2004, reads as under: in exercise of the powers conferred by subsection (1) of section 93 of the finance act, 1994 (32 of 1994), the central government being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service provided by a commercial concern to any person, in relation to commercial or industrial construction service, from so much of the service tax leviable thereon under section 66 of the said act, as is in excess of the service tax calculated on a value which is equivalent to thirty-three .....

Airport Retail Pvt. Limited Vs. Union of India and ors.

Court : Delhi

..... services were brought into net of tax by virtue of the finance act, 2004 with effect from 10.09.2004 with the introduction of clause (zzm) to section 65(105) of the act. ..... ble mr justice vibhu bakhru judgment vibhu bakhru, j1 the present writ petition has been filed by the petitioner challenging the constitutional validity of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2010 (hereinafter referred to as the act ) whereby service tax has been imposed inter alia on renting of immovable property by the delhi international airport pvt. ..... also sought to include the following additional prayer: declare that no demand for service tax can be raised on the petitioner under section 65(105)(zzm) of the finance act, 1994 as amended by the finance act 2010 and that the circular dated 01.07.2010 (annexure o) is illegal and bad in law and null and void. 3. ..... section 65(105)(zzm) of the finance act, 1994 was amended by the finance act, 2010 with effect from 01.07.2010 and section 65(105)(zzzz) of the finance act, 1994 was also amended by the finance act, 2010 with retrospective effect from 01.06.2007 ..... which equally merit by virtue of the retrospective amendment under clause 65(105)(zzzz) introduced by the finance act, 2010, the transaction entered into between dial and petitioner could be subjected to service tax with effect from 01.06.2007, as taxable service defined under clause 65(105)(zzzz), provided that the transaction was determined .....

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)1

..... . on merits, he submitted that the amendment made in the finance act, 2004 will have to be considered and for the purpose of examining the same, the matter may be restored ..... this is clear from the fact that prior to the amendment brought about by the finance act, 1987, the legislature in the corresponding section pertaining to imposition of interest used the expression "may" thereby giving a discretion to the ..... dimensions of a two dimensional work or in two-dimensions of a three- dimensional work; (iii) to issue copies of the work to the public not being copies already in circulation; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clause (i) to (iv); (i) to make a copy of the film, including a photograph of any image forming part thereof; (ii) to sell or give on hire, or offer for sale or hire, any copy of ..... the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature ..... -section (1) of section 139" in the above clause were substituted for the words "before the end of the relevant assessment year" by the finance act, 1990 with effect from 1.4.1990.] 33.4. ..... the assessee's application dated "nil" (received in the office of the tribunal on 26.5.2004) and requested the bench that he be permitted to argue on the validity of the notice issued under section 142(1) of the act as entire appeals were to be heard by the bench as per directions dated 19.1.2004. .....

Raymond Limited Vs. The Commissioner, Central Excise and Customs, Nash ...

Court : Mumbai

..... there, the issue was of classification made by section 88 of the finance act, 2004 disallowing utilisation of the credit of aed(gsi) paid after 1st april, 1996 but prior to 1st april, 2000 for payment of duty under the first and second schedule to the central excise tariff act, 1985, but at the same time allowing utilisation of credit of additional excise duty on the same goods paid on or after 1st april, 2000. ..... (iii) above, shall be utilized only towards payment of duty of excise leviable under the said additional duties of excise (textiles and textile articles) act, or under the said additional duties of excise (goods of special importance) act, or the national calamity contingent duty under the said section 136 of the finance act, 2001(14 of 2001) respectively, on any final products manufactured by the manufacturer or for payment of such duty on inputs themselves if such inputs are removed as such ..... (40 of 1978); (iv) the additional duty of excise leviable under section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957); (v) the national calamity contingent duty leviable under section 136 of the finance act, 2001 (14 of 2001); and (vi) the additional duty leviable under section 3 of the customs tariff act, 1975 (51 of 1975), equivalent to the duty of excise specified under clauses (i), (iii), (iv) and (v) above, paid on any inputs or capital goods received in the factory on or after .....

Dharampal Premchand Ltd. and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)(123)ECC254

..... we find that education cess is required to be levied and collected under section 93(2) of the said finance act, 2004 @2% of the aggregate of all duties of excise. ..... 8/2004-ce subsequent to imposition of education cess under the said finance act, 2004 to include education cess in the said notification, similar to inclusions for other duties of excise. ..... 8/2004-ce and the language of the sections 91 and 93 of the finance act, we hold that no education cess is leviable in respect of the impugned goods exempted under the said notification no. ..... we find that the provisions in the said finance act specify the education cess as 2% of the customs duty levied and collected. ..... 2) act, 2004 read with notification no. ..... 2) act, 2004 nor it requires any amount equal to the education cess to be deposited in the escrow account.3. ..... the appellants are availing exemption under notification no.8/2004-ce dated 21.1.04 applicable to the impugned goods cleared from units situated in north-eastern states. ..... we are also of the view that the circular dated 31-1-2005 is contrary to the provisions of the finance (no. ..... the notification neither exempts education cess imposed under section 91 of the finance (no. ..... 8/2004-ce or to require a deposit of the same in the escrow account.6. ..... 8/2004-ce issued on 21.1.04 has been amended on 9.7.04. ..... 8/2004-ce.5. .....

Cce, Allahabad Vesus M/S Hindalco Industries Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... we note that two high courts have decided that demands issued even after amendments by finance act, 2004 for liability that arose for the period the 16-11-97 to 02-06-98 were barred by limitation. ..... section 73 was amended by finance act 2004, to replace section 73. ..... the show cause notice in this case is issued after the retrospective amendment made by finance act, 2000 but before the amendment made by finance act, 2003 and 2004 in this matter which are also being mentioned in this order for sake of clarity on the issue and for the reason that though show cause notice was issued on 11-10-2002 it was adjudicated on 20-03-2008 during ..... still there appeared to be difficulty in recovering the amounts not paid during the said period because section 73 of finance act, 1994 enabling issue of demand short levy did not include returns filed in the new section 71a inserted as indicated above. 13. ..... section 73 of the finance act as it stood prior to the amendment made on 10-09-2004 to read as under: "73. ..... the major decision to the effect that provisions of rule 2 (1) (d) shifting incidence from service providers to service receivers was ultra virus provisions of finance act, 1994 was in the case of laghu udyog bharati reported at 1999 (112) elt 365 sc. ..... 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 (1) (d). .....