Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Sorted by: old Page 5 of about 39,481 results (0.119 seconds)

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. .....

M/s Sri Balaji Corporate Services Vs. Union Of India Ministry Of Finan ...

Court : Karnataka

..... finance (no.2) act, 2004 inserted sec.10(37) in the act from 01.04.2005 to provide specific exemption to the capital gains arising to an individual or a huf from compulsory acquisition of an agricultural land situated in specified urban-limit subject 3 3 to fulfillment ..... from payment of tax deduction at 1 4 source(tds) and also from payment of income tax in view of section 96 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and section 194-la of the income tax act amended vide finance act 67 of 2017 w.e.f 01.04.2017 as well as the cbdt circular dated 25.10.2016?. re. ..... of deposit till the date of refund; (v) it is declared that the petitioners in both the petitions are entitled to compensation under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; (vi) it is also declared that the compensation payable in favour of the petitioners in both the petitions is exempt 4 5 from payment of income tax as well as exempt from tax deduction at source ..... act was amended vide finance act 67 of ..... no.36/2016 government of india ministry of finance department of revenue central board of direct taxes ita.ii division, north block, new delhi, the 25* of october, 2016 sub : taxability of the compensation received bythe land owners for the land acquired under the right of fair compensation & transparency in land acquisition, rehabilitation and resettlement act, 2013 (rfctlaar act) reg. .....

L. Venkataramana Raju Vs. Union Of India

Court : Karnataka

..... finance (no.2) act, 2004 inserted sec.10(37) in the act from 01.04.2005 to provide specific exemption to the capital gains arising to an individual or a huf from compulsory acquisition of an agricultural land situated in specified urban-limit subject 3 3 to fulfillment ..... from payment of tax deduction at 1 4 source(tds) and also from payment of income tax in view of section 96 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and section 194-la of the income tax act amended vide finance act 67 of 2017 w.e.f 01.04.2017 as well as the cbdt circular dated 25.10.2016?. re. ..... of deposit till the date of refund; (v) it is declared that the petitioners in both the petitions are entitled to compensation under the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; (vi) it is also declared that the compensation payable in favour of the petitioners in both the petitions is exempt 4 5 from payment of income tax as well as exempt from tax deduction at source ..... act was amended vide finance act 67 of ..... no.36/2016 government of india ministry of finance department of revenue central board of direct taxes ita.ii division, north block, new delhi, the 25* of october, 2016 sub : taxability of the compensation received bythe land owners for the land acquired under the right of fair compensation & transparency in land acquisition, rehabilitation and resettlement act, 2013 (rfctlaar act) reg. .....

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 .....

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. .....

Nalini Vs. Deputy Collector

Court : Kerala

Reported in : (2007)213CTR(Ker)601; 2006(4)KarLJ87

..... submitted that the finance act 2004 amended section 206 of the income tax act, 1961 making it mandatory for the government deductors to furnish each tds returns from the financial year 2004-05. ..... so, the land acquisition officers who are liable to deduct tax at source would follow the provisions of income tax act strictly and deposit the amount collected within one week from the last day of the month in which the deduction ..... george, learned standing counsel appearing for the income tax department submitted that with effect from 1.10.2004 any person, who is responsible for paying to a resident, any sum, being in the nature of compensation or the enhanced compensation or consideration or the enhanced consideration on account of compulsory acquisition, under any law for the ..... relevant considerations, specify in this behalf by notification in the official gazette.whether a particular land is an agricultural land or not is to be determined with reference to the definition given in section 2(14)(iii)(a) and (b) of the income tax act and not with reference to the tenure of the land shown in the land revenue records. ..... submitted that one copy of the treasury chalan in each and every remittances made under the income tax act are being furnished to the income tax zonal office by the treasury branches. ..... casts a statutory liability on the land acquisition officer to deduct income tax at source if the amount of compensation is paid after 1-10-2004 and the same exceeds one hundred thousand rupees. .....

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. .....

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. .....