Court : UK Supreme Court
..... legislature. on 8 september 2003, just seven weeks after the decision of park j, the government announced its intention to introduce what became section 320 of the finance act 2004, with its provision that the limitation period for the newly recognised claim to recover tax on the ground of mistake of law should run from the date of payment and not ..... case put forward on behalf of the commissioners is that because (i) english law would be compatible with eu law if the only means of recovering the overpaid tax was a claim on a woolwich equitable basis, and (ii) the finance act 2004 did not affect a claim on that basis, it follows that the principles of effectiveness and the protection of legitimate expectations are not engaged at ..... the judgments in this case shows that the members of the court are divided, not only as to the question whether eu law protects the mistake claims and, in particular, whether section 320 of the finance act 2004 infringes the eu law principles of effectiveness, legal certainty and legitimate expectation, but also as to the correct reasoning for the conclusions ..... it was not open to the revenue to rely on section 320 of the finance act 2004 ("section 320 fa 2004") or section 107 of the finance act 2007 ("section 107 fa 2007") to exclude dmg mistake claims, as these provisions purported to curtail the extended limitation period under section 32(1)(c) of the limitation act 1980 without notice and without providing any transitional arrangements to protect the right .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
..... the learned advocate submits that consequent to amendment to rule 6 of cenvat credit rules, 2004 by finance act, 2010, they filed an application before the commissioner to settle the issues covered in two show-cause notices which were subject matter of appeals before the commissioner(appeals) in the impugned orders and commissioner has .....
Tag this Judgment!Court : Mumbai
..... section 115vb falls under chapter xii-g, which was inserted by finance (no.2) act, 2004 with effect from 1.4.2005. ..... (1) the provisions of this section shall, notwithstanding anything contained in the other provisions of this act, apply for the purpose of the levy and recovery of tax in the case of any ship, belonging to or chartered by a non-resident, which carries passengers, livestock, mail or goods shipped at a port in india ..... these appeals under section 260-a of the income tax act, 1961 are against a common order of the income tax appellate tribunal dated 13.8.2008 in income tax appeal nos.1540/mum/05 and 2392/mum/06 pertaining to the assessment years 2001-2002 and 2002-2003. 2 ..... before referring to the provisions of the act and the dtaa, it is necessary to understand the nature of connecting carrier agreements which provide for the hire of container slot spaces ..... relying upon section 44b of the act, the respondent computed its profits and gains chargeable to tax at 7.5% of these receipts to be rs.3,00,25,837/- ..... kaka then relied upon section 115-vb of the act, which reads as under:- 115-vb. ..... section 44(b) of the income tax act, 1961 reads as under:- 44-b ..... opening words of section 115vb for the purpose of this chapter do not permit a blind incorporation of the provisions of the section into the other provisions of the act. 47. ..... whether the income of the respondent on account of slot chartering and use of containers in india is taxable under section 44 b or 28 to 43 of the act? 3. .....
Tag this Judgment!Court : Mumbai
..... section 115vb falls under chapter xii-g, which was inserted by finance (no.2) act, 2004 with effect from 1.4.2005. ..... (1) the provisions of this section shall, notwithstanding anything contained in the other provisions of this act, apply for the purpose of the levy and recovery of tax in the case of any ship, belonging to or chartered by a non-resident, which carries passengers, livestock, mail or goods shipped at a port in india ..... these appeals under section 260-a of the income tax act, 1961 are against a common order of the income tax appellate tribunal dated 13.8.2008 in income tax appeal nos.1540/mum/05 and 2392/mum/06 pertaining to the assessment years 2001-2002 and 2002-2003. 2 ..... before referring to the provisions of the act and the dtaa, it is necessary to understand the nature of connecting carrier agreements which provide for the hire of container slot spaces ..... relying upon section 44b of the act, the respondent computed its profits and gains chargeable to tax at 7.5% of these receipts to be rs.3,00,25,837/- ..... mr.kaka then relied upon section 115-vb of the act, which reads as under:- 115-vb. ..... section 44(b) of the income tax act, 1961 reads as under:- 44-b. ..... opening words of section 115vb for the purpose of this chapter do not permit a blind incorporation of the provisions of the section into the other provisions of the act. 47. ..... whether the income of the respondent on account of slot chartering and use of containers in india is taxable under section 44 b or 28 to 43 of the act? 3. .....
Tag this Judgment!Court : Allahabad
..... made in section 142-a in income tax act by finance (no.2) act, 2004 retrospectively w.e.f. ..... the final report of dvo was served on the assessee and thus it is observed in the order of cit (a) dated 28.5.2004 for assessment year 1988-99 "the district valuation officer has submitted the final report to the assessing officer vide report dated 13.3.2003. ..... whether the opinion given by dvo perse is not an information for the purposes of re-opening an assessment for the purposes of income tax act and the assessment can only be re- opened when the assessing officer has applied its mind to the information, if any, collected and must ..... has failed to appreciate that the impugned assessment was framed without, neither satisfying the preconditions required for invoking the provisions contained in section 147 of the income tax act, 1961, nor complying with the statutory provisions contained in section 148 of the income tax act, 1961 and as such the instant assessment framed was wholly untenable and unsustainable in law? 2. ..... these income tax appeals under section 260-a of the income tax act, 1961 (for short, the act) arise out of a common judgment of the income tax appellate tribunal, delhi bench 'c', delhi ..... 3616 and 3617 (del)/2004, and ita nos.3557 and 3556 (del)/2004, relating to assessment ..... the assessment under section 143 (3) of the act was completed on 26.3.2001 at nil income, with assessment officer (a.o) mentioning that the assessee filed required details, information and documents and .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Delhi
..... the petitioner claims to be aggrieved by this letter and submits that the demand is unreasonable and that when the finance act was sought to be amended, the airports authority had clarified that it was not required to collect any service tax component from the customers who use the facility.5. ..... 01.04.2004, parliament amended the finance act, 1994 and introduced clause (zzm) to section 65(105). ..... of india under provisions of section 86 of the chapter v of finance act, 1994. ..... directorate of finance, aai, chq has also reiterated that all the concerned non-traffic services providers at airport are required to pay the applicable service tax w.e.f. ..... 10.09.2004 along with arrears, if the same has not been paid to aai within a period of one week from the issue of this letter, failing which further appropriate action to encash the security deposits will be taken to ..... 10.09.2004 along with arrears to aai. ..... 10.09.2004.2. ..... 10.9.2004 along with arrears. .....
Tag this Judgment!Court : Chennai
..... the order of the central excise and service tax appellate tribunal by raising the following questions of law:- "(i) whether the appellate tribunal was correct in applying the amendment to rule 6 of the cenvat credit rules, 2004 vide finance act, 2010 which is applicable for the period from 10th september 2004 to 31st march 2008 whereas the period is dispute being april 2008 to december 2008. ..... "(7) where a dispute relating to adjustment of credit on inputs or input services used in or in relation to exempted final products relating to the period beginning on the 10th day of september, 2004 and ending with the 31st day of march, 2008 (both days inclusive) is pending on the date on which the finance bill, 2010 receives the assent of the president, then, notwithstanding anything contained in sub-rules (1) and (2), and clauses (a) and (b) of sub-rule (3), a manufacturer availing cenvat ..... out that as per section 73 of the finance act, 2010, new sub rule (7) in rule 6 was given retrospective effect from 10.09.2004 to 31.03.2008 only. ..... retrospective amendment in cenvat credit rule 6, done by section 73 of the finance act, 2010, the tribunal pointed out that the assessee had submitted necessary application as per section 73 of the finance act, 2010 and such application was pending for decision. ..... of the amendment made to rule 6 under section 73 of the finance act, 2010, shows that the amendment procedure of the cenvat credit under rule 6 was to have retrospective effect from september, 2004. .....
Tag this Judgment!Court : Chennai
..... to make any such application on account of the reversal of the credit already taken and held that considering the amended rule as to the availability of the benefit as contemplated under section 69 of the finance act taking care of such situation and the fact that the amendment came during the pendency of the appeal, the proper course was to remand the matter back to the adjudicating authority to re-determine the credit ..... learned standing counsel for the appellant submitted that as per the amended provision in section 73 by the finance act, 2010, an assessee, who opts for payment in accordance with the amended provision in sub-section (1) of section 73 of the finance act, 2010, has to produce documentary evidence and necessary certificate from a chartered accountant/cost accountant, certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of final products ..... when the amendment to rule 6 of the cenvat credit rules, 2004 by the finance act, 2010 is optional to the respondent and the respondent has to opt to avail the benefit provided in the amendment by filing application with necessary certificate from a chartered accountant/cost accountant whether direction ..... fide prosecution of the appeal, we do not find any justifiable ground to accept the stand taken by the revenue that in the absence of compliance of the conditions in section 73(2) of the finance act, 2010 within the six months' period, the claim of the assessee has to fail. .....
Tag this Judgment!Court : UK Supreme Court
..... in accordance with the requirements of part 7 of the finance act 2004, pwc disclosed the scheme to the commissioners for inland revenue, or her majesty's revenue and customs ("hmrc") as they became a year later and as ..... of the relevant provisions of tma in paragraphs 23 to 26 of part 4 of schedule 36 to the finance act 2008 were considered in the usual way by the house of commons public bill committee. ..... 20b of the taxes management act 1970 and the replacement provisions in schedule 36 to the finance act 2008, discussed by lord ..... section 20ba was inserted by the finance act 2000 ("the 2000 act"), and it extended the power granted by section 20 to make an order for the delivery of documents by any person who appears to have such ..... section 20a, inserted by the finance act 1976 ("the 1976 act"), empowered an inspector to call for documents to be produced by a person who had "stood in relation to others as a tax accountant" and who had been convicted of an offence relating to tax or had had a penalty ..... given that there was therefore no doubt that the lap claimed by the appellant in that case existed at common law, it was to be expected that, if the 1970 act had been intended to cut down lap, "parliament [would have] squarely confront[ed] what it [was] doing and accept[ed] the political cost" per lord hoffmann in r v secretary of state for the home department, ex ..... now been replaced by provisions contained in section 113 of, and schedule 36 to, the finance act 2008 ("the 2008 act"). .....
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