Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Sorted by: recent Court: andhra pradesh Page 1 of about 644 results (0.090 seconds)

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... this clause, 'information technology service' means any service in relation to designing, developing or maintaining of computer software, or computerized data processing or system networking, or any other service primarily in relation to operation of computer systems.section 65(19), as amended by finance act, 2004 with effect from 10-9-2004, reads thus :-business auxiliary service' means any service in relation to :-(i) promotion or marketing or sale of goods produced or provided by or belonging to the client; or(ii) promotion or marketing of service provided by the client; or(iii) any customer ..... further submits that section 65(19) of the finance act, 2004, which includes in sub-clause (vi) any service in relation to provision of service on behalf of the client, is much wider and while undoubtedly the activity carried on by the petitioner comes within the purview of section 65(19)(vi) of the finance act, 2004, it nonetheless comes within the purview of section 65(19)(iv) of finance act, 2003 also.9. ..... , that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in the contract of sale of goods (securities) .....

Karvy Consultants Ltd. Vs. Asstt. Commr. of Cus. and C. Ex.

Court : Andhra Pradesh

Reported in : 2006[]STR7

..... on a conjoint reading of section 45-i(f) of the reserve bank of india act read with sections 65(73), 65(11), and section 65(90) (zm) as they stood prior to amendment by the finance act, 2004, it was only a non-banking financial company which had as its principal business the receiving of deposits, under any scheme or arrangement or lending in any other manner, which could be said to be providing taxable service ..... sub-clause (zp) as incorporated by finance act, 2002 with effect from 16-8-2002 and sub-clause (zm) as amended by finance act, 2004 with effect from 10-9-2004 read thus:(zp)to a customer, by a body corporate other than the body corporate referred to in sub-clause (zm), in relation to banking and ..... that it is only with effect from 16-8-2002 that similar service rendered to a customer by a body corporate was brought within the purview of service tax and that, with effect from 10-9-2004, the service referred to in sub-clause (zp) of section 65(90) was incorporated into sub-clause (zm) of section 65(90) and sub-clause (zp) was omitted by finance act of 2004 with effect from 10-9-2004.8. ..... petition the petitioner seeks a declaration that section 65(90) read with 65(11) of the finance act, 2001 has no application to the petitioner company upto 16-8-2002 and to consequently interdict the assistant commissioner of customs and central excise, hyderabad-ii commissionerate (1st respondent) from proceeding further with the show cause notice hqor/32/2004-ae-ii, dated 27-12-2004.2. .....

Share Microfin Limit Vs. The Commissioner of Customs, Central Exc

Court : Andhra Pradesh

..... the brief averments in the appeal are that petitioner came to be assessed under finance act on account of service tax and was demanded with a sum of rs.6,76,27,578/- for the period 2004-09 by order dated 25.11.2010, a sum of rs.1,38,48,158/- for the period 2009-10 by order dated 24.08.2011 and a sum of rs.70,71,764/- for the period 2010-11 by order dated 31.08.2012. .....

M/S. Agarwal Industries Limited Vs. the Commissioner of Commercial Tax ...

Court : Andhra Pradesh

..... of the respondent dated 11.5.2009 and the consequential order dated 13.7.2010 are wholly without jurisdiction and barred by limitation prescribed under sub- section (3) of section 20 of the gst act as the respondent clearly intended to re-assess the appellant for the assessment year 2000-01, thereby interfering with the order of assessment dated 15.3.2003 of the deputy commissioner (ct), abids while ..... a second revision by a higher officer can be done; that he was revising the order of the additional commissioner dated 28.2.2007 for the year 2000-01 under the cst act and bringing turnovers to tax as proposed in the show cause notice; and distinguished the judgments cited by the appellant on the ground that they were cases where the same officer ..... (ct) legal vide notice dated 28.10.2006 proposed to revise the order dated 15.3.2003 of thee deputy commissioner (ct), abids division in exercise of his powers under section 20(2) of the act read with section 9(2) of the cst act on the ground that the latter failed to verify whether the appellant had complied with requirements of rule 14(3) of the cst (ap) rules; that requirements under the said rule ..... alagendran finance ltd 6.the commissioner of income tax, while exercising revisional powers under section 263 of the income tax act, 1961, reopened on 29.3.2004, the orders of assessment dated 27.2.1997, 12.5.1997 and 30.3.1998 for assessment years 1994-95, 1995-96, 1996-97 only in relation to the issue of "lease equalization fund" which .....

Sanghi Polyesters Limited Vs. the Superintendent of Central Excise and ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT492; 2009(172)LC39(AP)

..... in payment of duty beyond thirty days from the due date, as prescribed in sub-rule (1), then notwithstanding anything contained in said sub-rule (1) and sub-rule (4) of rule 3 of cenvat credit rules, 2004, the assessee shall, pay excise duty for each consignment at the time of removal, without utilizing the cenvat credit till the date the assessee pays the outstanding amount including interest thereon; and ..... refunded, the same along with interest shall be recovered from the manufacturer or the provider of the output service and the provisions of sections 11-a and 11-ab of the excise act or sections 73 and 75 of the finance act, shall apply mutatis mutandis for effecting such recoveries.13. ..... been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any willful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, (as if, [***]) for the words (one year), the ..... of the cenvat credit rules, 2004, which is reproduced hereinabove. ..... modvat scheme considered by the apex court in the aforementioned judgment, the cenvat scheme, which is applicable to the present case, is covered by a separate set of statutory provisions called cenvat credit rules, 2004 (for short, 'the 2004 rules'). ..... by following the procedure prescribed in rule 14 of the 2004 rules. .....

The Commissioner of Central Excise and Customs, Hyderabad-II, Commissi ...

Court : Andhra Pradesh

..... the provisions of this section shall also apply to cases in which the order determining the duty under sub-section (2) of section 11a relates to notices issued prior to the date on which the finance act, 2000 receives the assent of the president; (2) any amount paid to the credit of the central government prior to the date of communication of the order referredto in the first proviso or the fourth ..... notice the very question raised in the present case would become academic in view of the fact that section 11ac came to be substituted by finance act, 2011 with entirely new provisions where different rates of penalties have been prescribed. ..... has not been levied or paid or has been short-levied or shortpaid or erroneously refunded by reasons of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) of section 11a, shall also be liable to pay a penalty equal ..... the substantial question of law that whether the cestat has power to reduce the mandatory penalty equivalent to duty imposed under section 11 ac of he central excise act, 1944, especially when the invocation of the longer period on the ground of suppression of fact was justified in view of the hon'ble supreme court judgment ..... the respondent, the order in original dated 26.03.2004 came to be passed and extended period of ..... 2004 .....

Umesh Kumar Ips Vs. the State of Andhra Pradesh Rep. by Its Chief Secr ...

Court : Andhra Pradesh

..... of 2011 on the file of the cid police station, hyderabad; this fact was suppressed in the counter affidavits filed by the fourth and the seventh respondents; the petitioners request, under the right to information act, 2005, that a copy of the memo dated 24.08.2011 be furnished to him was stonewalled by the office of the fourth and the seventh respondents, stating that this information was under exemption provisions; the fact ..... a general power of attorney on behalf of the wife of the 4th respondent; these documents revealed that the wife of the 4th respondent had sold her properties to the very persons who were acting as her agents by virtue of the gpa; the records of the cid would show 31 documents with registration numbers pertaining to the fourth respondents family members, and another 542 documents without mentioning registration numbers ..... powers conferred, by section 75-a of the representation of the people act, 1951, the members of rajya sabha (declaration of assets and liabilities) rules, 2004; and the members of lok sabha (declaration of assets and liabilities) rules, 2004 were made. ..... details regarding the mode of acquisition and disposal of property; full details of the location of the property; sale/purchase price of the property; and, in case of acquisition, the source or sources from which financed/proposed to be financed etc. 42. ..... if the spouses finances are excluded evasion of the law is made much easier, for assets can be acquired and property registered in .....

Dr. Kuttan Pillai Bhaskaran and Another Vs. State Bank of India Rep. b ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... when it was becoming non-performing asset and before initiating recovery proceedings under securitization act it had intimated the complainants orally, and it had appropriated rs. ..... they had issued 25 post dated cheques (pdcs) however the pdcs submitted in december, 2004, july, august and september, 2005 were returned. ..... we do not think that the bank had acted negligently or acted against terms of the agreement or rules while transacting with the loan account of the complainants. ..... 7,885/- commencing from july, 2005, and would extinguish only when the outstanding loan amount become nil on payment of residual amount if any vide sanction advice-cum-arrangement letter of housing finance dt. ..... 6,50,000/- at 8% fixed rate of interest per annum on 16.12.2004 to construct a house. ..... 16.12.2004 duly signed by them. ..... account and pay whatever due to the complainants within three months from the date of receipt of this order, failing which the complainants are entitled to recover the same by invoking section 27 of the consumer protection act. ..... it cannot be said that this was against banking norms or an unauthorised act. ..... the relationship between them is one of the creditor and debtor and not that of banker and customer and therefore the complaints are not entitled to any relief under the provisions of the consumer protection act. .....

Marripalli Pushpalatha Vs. A. Sudarshan Reddy

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... the appellant is the unsuccessful complainant before the district forum, karimnagar in cd 197/2004 and on the dismissal of the claim filed to recover the fdr amount of rs.10000/- due and payable by the respondent/op finance company after maturity date, this appeal is filed assailing the order as erroneous and sought it to be ..... in the result, the appeal is allowed setting aside the order dated 7th january, 2006 passed in cd 197/2004 directing the respondent to pay a sum of rs.2000/- on each of ex.a1 to a5 with subsequent interest thereon at 12% pa from respective maturity dates till the date ..... according to the complainant even after 24.7.2004 opposite party failed to refund it which act or omission is attributed as deficiency ..... as per article 112 of the limitation act, the period of limitation is three years for recovery of fdr amounts which starts from date ..... else both under the companies act and as per rbi rules there will be a prosecution if the company is not registered and any monetary business is carried on without obtaining ..... 112 of limitation act 1963. ..... 44 -1(b) of rbi act has defined deposit which is to the effect that deposit includes, and shall be deemed to have included any receipt of money by way of deposit of loan or in any other form, but does not include promissory notes ..... banking financial institutions also comes within the purview of the rbi act, 1934. ..... rbi act. ..... ) states that any loan taken by a financial institution would be a deposit within the meaning of rbi act. .....

S. Thrilochana Rao and Another Vs. Jonnala Naresh

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... procedure, 1973 (2 of 1974), the district forum or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on such conferment of powers, the district forum or the state commission or the national commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a judicial magistrate of the ..... by the chairman and managing director and a partner of sree raja rajeswara finance and investments, the opposite parties/jdrs, against the order of the dist. ..... they did not choose to contest an order was passed on 21.9.2004 directing them to pay the amount covered under the fdrs with ..... that the complainants invested the amounts covered under the fdrs in sree raja rajeshwara finance and investments, floated by the appellants. ..... complainants filed a petition under section 27 of the consumer protection act to convict and sentence the appellants for non-payment of the ..... that when the complainant had sought several reliefs, one against the company and another against the directors the leave which was mandatory under section 446 of the companies act need not be taken and the complaints were maintainable. ..... to be construed as against the company and nothing to do with the directors vis-a-vis personal liability and in this view of the matter the mandate contained in section 446 of the companies act acquires any amount of importance, and it cannot be ignored. 11. .....