Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: authority for advance rulings Page 1 of about 132 results (0.289 seconds)

Universities Superannuation Scheme Limited as Trustee of Universities ...

Court : Authority for Advance Rulings

..... the rate of thirty per cent; * special things derogate from general (latin for lawyers) ======================= the following proviso shall be inserted in clause (ii) of sub-section (i) of section 115ad by the finance (no.2) act, 2004, w.e.f. 1.4.2005: provided that the amount of income-tax calculated on the income by way of short-term capital gains ..... by a fii, and cannot claim to be covered by section 48 read with section 112 of the act together with indexation provisions for computing capital gains/losses arising to it from its investment activities in india. question no.2 that it is a consequential to the ruling pronounced on the first question, so in view of our ..... ruling on question no.1, this question does not arise. question no.3 that the provisions of section 115ad of the act would apply to an assessee who has suffered capital .....

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... the income-tax officer sought to levy a special surcharge on the latter treating it as "unearned" income under the finance act (no. 2) of 1957 and the finance acts of 1958 to 1961. "earned income" was defined in the finance acts as meaning, "in the case of income chargeable under the head 'profits and gains of business', 'profession or vocation', ..... be assessed in respect of its proportionate share of income earned by the contributory trust as per the provision of section 161 of the income-tax act, 1961 (the act) question no. 2 : based on the facts and circumstances of the case, whether the contributory trust would be regarded as a 'see through' or 'transparent entity ..... appellants: in re: advance ruling p. no. 10 of 1996 vs.income tax act, 1961 - sections 161, 161(1), 161(1a), 164, 164(4), 166 and 245q; finance act, 1970; double taxation avoidance agreement - articles 5, 10(2) and 13 cit (addl.) v. surat art silk cloth manufacturers association, [1980] 121 itr 1; k.p. varghese v. ito, [1981 .....

Shams Tabrez Vanti Vs. C.i.T. Ghaziabad

Court : Authority for Advance Rulings

..... it has no direct relation with the export business which the applicant intends to carry on. the interest income is assessable under the head income from other sources and not under the head income from business or profession . 3. on 15.9.2004, the application was allowed under sub-section (2) of section 245r of the act for pronouncement ..... ; d. profits and gains of business or profession; e. capital gains; f. income from other sources. head-b under which interest on securities fell was omitted by finance act, 1988 w.e.f. 1.4.1989. now interest on securities is assessable under section 28(i) where such interest forms part of business profits; this would happen ..... , etc. tuticorin alkali chemicals and fertilizers ltd. (supra) related to the assessment year 1983-84. however, by finance act, 1988 with effect from 1st april, 1989 or interest on securities is inserted in clause (i) of section 57 of the act, which reads as under: 57 (i) - in the case of dividends [ other than dividends referred to in .....

In Re: Universities

Court : Authority for Advance Rulings

Reported in : (2005)194CTRAAR289

..... if any, included in the total income, at the rate of thirty per cent; the following proviso shall be inserted in clause (ii) of sub-section (1) of section 115ad by the finance (no. 2) act, 2004, w.e.f. 1st april, 2005 : provided that the amount of income-tax calculated on the income by way of ..... appellants: in re: universities superannuation scheme ltd. as trustees of universities superannuation scheme income tax act, 1961 - sections 45(1), 48, 112, 112(1), 115i, 115o, 115ad, 115ad(3) and 245(1); finance act, 1999; finance (no. 2) act, 2004; securities contracts (regulation) act, 1956 - section 2union of india v. a. sanyasi rao, appeal (tribunal)--procedurereversal of order of cit(a ..... fii, and cannot claim to be covered by section 48 r/w section 112 of the act together with indexation provisions for computing capital gains/losses arising to it from its investment activities in india. question no. 2 that it is consequential to the ruling pronounced on the first question, so in view of .....

Shri Kartar Singh Kochar S/O Late Vs. Commissioner, Service Tax

Court : Authority for Advance Rulings

Reported in : (2005)(103)ECC123

..... communication to the senior officials in charge of various field formations under the revenue department, explaining the scope of the changes brought in with the enactment of the finance bill (no.2), 2004 w.e.f. 10.9.2004. the entire explanation is in the context of new services which came under the service tax levy with the aforesaid ..... shamiana". the applicant has referred to clauses (a) to (zzy) of sub-section (105) of section 65 of chapter v of the finance act, 1994 as amended form time to time (in short, the act). on perusal of these clauses it appears to us that the only possible entry which may be considered in the context of the type ..... a contractor to a client either directly or indirectly, will be classifiable as a taxable service under clause (zzw) of sub-section (105) of section 65 of the act. it is not necessary that a person who is providing any service, whether directly or indirectly, in connection with the preparation, arrangement, erection or decoration of a pandal .....

Google Online India Private Ltd. Vs. Commissioner of Service Tax

Court : Authority for Advance Rulings

Reported in : (2006)200CTRAAR245

..... chartered accountants for deloitte haskins & sells for respondents/defendant: a.k. roy, joint cdr and bipin sapra, jt.commissioner finance act, 1994 - sections 65, 65(2), 65(3), 65(19), 65(105), 96c(1) and 96c(2); finance act, 2001 advertising club v. cbec, 2002 (121) taxman 287 : 2001 (131) elt 35 (mad); itpo v. ..... court in advertising club v. cbec, . another contention putforth is that the broadcasting service was introduced through finance act, 2001 and that there is no analogous taxable service in the act whereunder advertisements displayed or exhibited on the internet website could be subjected to service tax. the circular of the ..... ii/1/2000-tru dated 9.7.2001 is also relied upon to show that the space/time selling activity does not fall within the purview of the service tax. it is submitted that the broadcasting service was introduced through finance act, 2001 to tax the amount charged by the television channel for display of advertisement under the head of broadcasting service but no .....

In Re: R and B Falcon (A) Pty Ltd.

Court : Authority for Advance Rulings

Reported in : (2007)289ITR369AAR

..... incurred any expense on or made any payment for, the following purposes, namely- the following clause (q) shall be inserted after clause (p) in sub-section (2) of section 115wb by the finance act, 2006 w.e.f. 1st april, 2007: (3) for the purposes of sub-section (1), the privilege, service, facility or amenity does not include perquisites ..... aug., 2005 [(2005) 197 ctr (st) 85]. the applicant claims that the answer to question no. 104 in the said circular shows that it is not liable to fbt and that subsequently section 115wb(3) of the act was amended by finance act, 2006 to exclude from the operation of fbt any free or subsidized transportation facility provided by the ..... to accept the contention of mr. rawat that the rig is the residence of the offshore employees and therefore in coming and attending to duties on the rig, no transportation is involved. it would also be pertinent to mention that the offshore employees of the applicant cannot also be said to have residence in the designated city .....

Harekrishna Developers (Through Vs. Commissioner of Service Tax

Court : Authority for Advance Rulings

..... 3. whether the applicant is liable to service tax under section 65 (105) (zzzh) of the finance act, 1994 under the notified taxable service of construction of complex in case of proposed activity no. 2? 2. details about the proposed activities 1 & 2 have been submitted in annexure 1 to the application. after the first hearing, further written submissions were filed through the applicant's communication ..... to the customer on receipt of the entire consideration while discussing the question no. 2 and 3, we have recorded the conclusion that the proposed activities 1 and 2 undertaken in accordance with the terms of the draft agreement attracts service tax liability under section 65 (105) (zzzh) of the finance act, 1994 therefore, it is unnecessary to give a separate ruling on this question .....

In Re: Ms. Meenu Sahi Mamik

Court : Authority for Advance Rulings

Reported in : (2006)206CTRAAR396

..... gross total income of bayer health care pharmaceuticals derived from the production outsourced to my firm would be exempted under section 80-ic of the income-tax act? 2. the jurisdictional commissioner in his comments has stated that the applicant has not given any details regarding the nature of the direct business, which would be ..... , expansion or contraction of business whether in the same line of business or other line, establishment or closure of business in other geographical territories, raising of finances and their appropriations for specific purposes, appointment of staff etc. 7. the party of the first part shall also guide the day-to-day affairs of ..... a non-resident entity. therefore, the application is not maintainable on this ground alone, and is liable to be rejected.10. further, with reference to questions nos. 1 and 2, complete facts have not been placed before the authority, inasmuch as, neither the nature of "direct business" to be procured has been specified, nor the .....

In Re: Sopropha S.A.

Court : Authority for Advance Rulings

Reported in : (2004)268ITR37AAR

..... board of revenue had put too rigid and restrictive an interpretation on this provision, which is not in accord with the spirit of the assurance given by the finance minister. it does not, therefore, surprise us that the assessing officers have also taken an unduly narrow view in the matter and genuine businessmen have been put ..... . it was stated even such a transaction was taken by the assessing officers to fall within the mischief of the explanation 2 to section 24(1) of the income-tax act on the ground that there was no actual delivery of the twenty bales. we are certain that this extreme view could never have been the intention of the ..... with the merits of the arguments put forth by learned counsel of the applicant and the departmental representative, it would be appropriate to extract the relevant provisions of the act and the relevant paragraphs of the board's circular. "(5) 'speculative transaction' means a transaction in which a contract for the purchase or sale of any commodity, .....