Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Sorted by: old Court: supreme court of india Page 1 of about 2,160 results (0.183 seconds)

Sneh Enterprises Vs. Commnr. of Customs, New Delhi

Court : Supreme Court of India

Reported in : 2006(202)ELT7(SC); JT2006(8)SC587; 2006(9)SCALE95; (2006)7SCC714; 2006(2)LC1171(SC)

..... any, section 26 of the finance act, 2004, was brought into the statute book ..... by section 76 of the finance (no.2) act, 2004, indisputably, sub-section (8) was inserted stating the provisions of the customs act would be applicable 'relating to, the date for determination of rate of duty, non-levy, short levy, refunds, interest, ..... that in view of the fact that section 9a is an enabling provision and the notification thereunder having been issued on 22.5.2002, the provisions of section 15a of the customs act could not have been invoked in the instant case, particularly, in view of the fact that sub-section (8) of section 9a was introduced in the year 2004 by reason of finance (no.2) act, 2004.mr. k.p. ..... origin along with reasonable addition for selling and any other cost, and for profits, as determined under sub-section (2).sub-section (8) of section 9a was introduced by finance act, 2004. ..... normal value, then, upon the importation of such articles into india, the central government may, by notification in the official gazette, impose, -(a) if the articles is not otherwise chargeable with duty under the provisions of this act, a duty; or(b) if the article is otherwise so chargeable, an additional duty, not exceeding the margin of dumping in relation to such article;the central government, in exercise of its power thereunder, issued a notification ..... that the parliament intended to apply the provisions of section 15 of the customs act in section 9a of the customs tariff act, prior to 2004. .....

C.I.T Mumbai Vs. M/S Sarkar Builders

Court : Supreme Court of India

..... law and the rights accrued prior to enactment of finance act, 2004 have to be taken into account, particularly when the ..... are directly concerned, was carried out by finance (no.2) act, 2004 with effect from 1.4.2005. ..... the said sub-section carried out by finance no.2 act, 2004 w.e.f. ..... though these changes were brought about by the finance act, 2003, the legislature thought it fit that these changes be deemed to ..... the provision by which these projects are to be completed as those dates have been specified from time to time by successive finance acts in the same provision section 80ib. ..... the assessees are subject to the jurisdiction of the different high courts, all of whom had claimed the benefit of section 80ib of the income tax act ('act' for short), namely, deduction in respect of profits and gains on the ground that their cases were covered by sub- section (10) of section 80ib which provides for deduction of 100% of profits ..... thereafter, by finance act, 2003, further amendments were made to section 80ib(10), which read as under: (10) the amount of profits in case of an undertaking developing and, building housing projects approved before the 31st day of march ..... stage itself that though section 80ib has been on the statute book for quite some time, a new section 80ib had been introduced by the finance act, 1999 w.e.f. ..... by finance act, 2010, clause (d) is amended to the effect that the commercial user should not exceed three percent of the aggregate built-up area of the housing project or .....

Signode India Limited Vs. Commr. of Cen.Excise and Customs-Ii

Court : Supreme Court of India

..... the liability of the appellant to service tax on the basis that the service rendered by the appellant amounts to cargo handling service within the meaning of section 2(23) of the finance act, 1994 [as amended by finance (no.2) act, 2004]. ..... the appellant seeks to disclaim such liability by contending that the service rendered by it amounts to a packaging activity which has made exigible to service tax by amendment to the finance act, 1994 and by insertion of section 65 (76b) and section 105(zzzf) with effect from 16.06.2005. ..... 65(76b) and 65(105)(zzzf) were both inserted by the finance act, 2005 with effect from 16.06.2005. ..... the light of the discussions that have preceded, we are of the view that prior to the amendment made by the finance act of 2005 with effect from 16.06.2005, the appellant would not be liable to pay service tax on the service rendered by it in terms of section 65(23) read with section 105(zr) of the act.16. ..... the distinction between the two expressions, namely, cargo and goods in the two different provisions of the act becomes evident if cargo is understood to denote goods which are ready for transportation whereas packaging of goods is a stage prior ..... the appellants though granted the facility of centralized registration with effect from 10.10.2004 have been found to be liable to pay service tax on its activity by the kolkata bench of the customs, excise, service tax appellate tribunal (for short, 'the tribunal') for the period prior to 2005, whereas in respect .....

M/S. Srd Nutrients pvt.ltd. Vs. Commissioner of cent.excise, Guwahati

Court : Supreme Court of India

..... 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. ..... altogether different aspect which is associated with the aforesaid notification granting exemption from payment of excise duty.3) it so happened that vide finance act, 2004, the education cess and higher education cess were also imposed, which are surcharge on the excise duty. ..... from the field formations, seeking clarification regarding the applicability of service tax exemption to education cess (refers to both education cess leviable under finance (no.2) act, 2004 and secondary and higher education cess leviable under finance act, 2007), under notifications where 'whole of service tax' stands.exempted. ..... available on collection of surcharge on excise duty under finance act, 2004 in terms of existing notification dated 26/6/2001 immediately ..... according to section 95(1) of finance (no.2) act, 2004 and section 140(1) of finance act, 2007, education cess and secondary and higher education cess are leviable and collected as service tax, and when whole of service tax is exempt, the same applies to .....

Industrial Infrastructure Development Corporation (Gwalior) m.p. Ltd. ...

Court : Supreme Court of India

..... an express power was conferred on the cit to cancel the registration for the first time by enacting sub-section (3) in section 12aa only with effect from 01.10.2004 by the finance (no.2) act 2004 (23 of 2004) and hence such power could be exercised by the cit only on and after 01.10.2004, i.e. ..... of the amendment made in section 12aa introducing sub-clause(3) therein by finance (no-2) act 2004 w.e.f. ..... after examining the issue, in the light of the object of section 12a of the act and section 21 of the general clauses act held that the order of the cit passed under section 12a is quasi judicial in ..... second, there was no express provision in the act vesting the cit with power of cancellation of registration till 01.10.2004; and lastly, section 21of the general clauses act has no application to the order passed by the cit under section 12a because the order is quasi judicial in nature and it is for all these reasons the cit had no jurisdiction ..... to cancel the registration certificate once granted by him under section 12a till the power was expressly conferred on the cit by section 12aa(3) of the act w.e.f. ..... 2004 conferring express power on the cit to cancel the registration certificate granted to the assessee under section 12a of the act .....

Bajaj Auto Limited Vs. Union of India

Court : Supreme Court of India

..... & higher education cess, as imposed under the finance acts of 2004 and 2007, respectively were also sought to be ..... sections 91 & 93 of the finance act, 2004 introduced the education cess as a duty of excise ..... 93 of the finance (no.2) act, 2004. ..... under three different enactments goes to show that scheme of levy of education cess was by way of collecting special funds for the purpose of government project towards providing and financing universalised quality of basic education by enhancing the burden of central excise duty, customs duty, and service tax by way of charging surcharge to be collected for the purpose of the union. ..... the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the first schedule and the second schedule to the central excise tariff act, 1985 (5 of 1986), other than the goods specified in annexure-i appended hereto, and cleared from a unit located in the industrial growth centre or industrial infrastructure development centre or export promotion industrial ..... sections 136 & 138 of the finance act of 2007 similarly imposed secondary & higher education cess, on ..... was imposed under section 136 of the finance act, 2001, in the nature of a duty of excise, in 4 addition to any other duties of excise chargeable under the 1944 act. ..... cesses discussed aforesaid were in the nature of levy on the excise duty payable, the nccd is levied on the product itself, as per section 136 of the finance act, 2001. .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... further, the finance (no.2) act, 2004 brought 13 new services under service tax which included reintroduction of service tax on 3 services and also made applicable service tax on risk cover in life insurance under the life insurance service, whereas this service ..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner club to its members, to be ultra vires. ..... the impugned judgment dated 15th march, 2012 by the high court of jharkhand set out the relevant provisions of the finance act, 1994 (hereinafter referred to as the finance act ), by which service tax was levied on members clubs, and arrived at the conclusion that such clubs stand on a different footing from proprietary clubs, as has been held in young men s indian association (supra). ..... effect from the appointed day (a) every dealer (i) who has been liable immediately before the appointed day to pay tax under section 4 or section 8 of the bengal finance (sales tax) act, 1941 (bengal act vi of 1941), and who 17 (ii) would have continued to be so liable on such appointed day under that act had this act not come into force, or whose gross turnover during a year first exceeds the taxable quantum as applicable to him under the bengal .....

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

..... limited only to the amount outstanding and this provision equally applies in relation to the expenses that had already been incurred and paid by the assessee; that disallowance under section 40(a)(ia) of the act of 961 as introduced by the finance (no.2) act, 2004 with effect from 01.04.2005 is applicable to the case at hand relating to the assessment year 2005-2006; and that the benefit of amendment made in the year 2014 to the provision in question is not available to the appellant ..... learned counsel for the revenue has further contended that the amendment to section 40(a) of the act with insertion of sub-clause (ia) by the finance (no.2) act, 2004 with effect from 01.04.2005 directly applies to the assessment year 2005-2006; and for the appellant having failed to deduct tax at source from the payment made to the sub-contractors for the work of ..... the learned counsel has painstakingly referred to the contents of the bill introducing the finance (no.2) act of 2004 where the expressions credited or paid were used but in the provision as enacted, the expression payable has occurred. ..... : (2016) 386 itr322 supplemental to these contentions, the learned counsel has also argued that, in any case, the finance (no.2) act, 2004 received the assent of the president of india on 10.09.2004 and hence, the rigour of sub- clause (ia) of section 40(a) of the act cannot be applied in relation to the payments already made before 10.09.2004, the date of introduction of this provision. 10.3.1. .....

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

..... challenge in this appeal is to the legality of the judgment rendered by a division bench of the rajasthan high court, jodhpur holding that 4a of the rajasthan sales tax act, 1994 (in short the 'act') as introduced by the state finance act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or any formulation or for that matter any other commodity by a manufacturer/wholesaler/distributor to retailer where 'maximum retail price ..... 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 is to ..... arose in the following background:by the finance act, 2004 section 4a was introduced which reads as ..... it was held on the larger ground canvassed in that case, that the expression 'sale of goods' within the meaning of relevant legislative entry had the same connotation as 'sale of goods' in the indian sale of goods act, 1930, and therefore the state legislature had no power to enact legislation to levy tax under entry 48 of list ii in respect of transactions which were not of the nature of sales of goods strictly so called; and ..... inserted in the said act by finance act, 1988 w.e.f. 1.4 ..... was inserted by finance act, 1990 w.e.f. .....

State of Rajasthan Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Reported in : [2006]155TAXMAN20(SC)

..... challenge in this appeal is to the legality of the judgment rendered by a division bench of the rajasthan high court, jodhpur holding that section 4a of the rajasthan sales tax act, 1994 (hereinafter referred to as the 'act') as introduced by the state finance act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or any formulation or for that matter any other commodity by a manufacturer/wholesaler/distributor to retailer where ..... 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 ..... in the following background :by the finance act, 2004 section 4a was introduced which reads ..... it was held on the larger ground canvassed in that case, that the expression sale of goods' within the meaning of relevant legislative entry had the same connotation as 'sale of goods' in the indian sale of goods act, 1930, and therefore the state legislature had no power to enact legislation to levy tax under entry 48 of list ii in respect of transactions which were not of the nature of sales of goods, strictly so called; ..... inserted in the said act by finance act, 1988 with effect ..... 44ac was inserted by finance act, 1990 with effect .....