Court : Delhi
..... ble mr. justice a. k. chawla hon'ble mr. justice s. ravindra bhat (oral) % the petitioner is aggrieved of section 206aa of the income tax act ( the act ) (introduced by finance bill no.2 of 2009) that directs a levy of 20% in the case of outward remittances in the hands of the payer (hereafter referred to as the deductor ) and ..... government of the country or the specified territory of which such person claims to be a resident.4. it is contended that acting upon the recommendations, the central government moved an amendment, which parliament effected through finance act of 2016, that, in effect, neutralized the existing w.p.(c) 5908/2015 page 6 of 11 provision by substituting sub ..... the act are also subordinate to the principle enshrined in section 90(2) as held by the hon'ble supreme court in the case of azadi bachao andolan and others (supra). thus, in so far as the applicability of the scope/rate of taxation with respect to the impugned payments make to the non-residents is concerned, no .....
Tag this Judgment!Court : Delhi
..... , with effect from april 1, 1974, was inserted. section 80i was inserted in its present form by the finance (no. 2) act, 1980, with effect from april 1, 1981, and by the same finance (no. 2) act, section 80hh(9) was amended and the words "section 80i or" were inserted to make the said provision ita 267 of 2008, ita 1316 of 2008, ita 4 of 2009, ..... court traced the history of various legislative amendments made in the aforesaid provisions following in chapter via of the act and following discussion ensued thereupon:-"sub-section (9) of section 80hh, as it stood prior to insertion of section 80i by the finance (no. 2) act, 1980, with effect from april 1, 1981, originally included only section 80j. section 80j providing for deduction in respect .....
Tag this Judgment!Court : Delhi
..... promotion expenses (amp expenses' for short) was beyond jurisdiction and bad in law as no specific reference was made by the assessing officer, having regard to retrospective amendment to section 92ca of the income tax act, 1961 by finance act, 2012. (ii)whether amp expenses incurred by the assessee in india can be treated and categorized as ..... expenses ('amp expenses' for short) was beyond jurisdiction and bad in law as no specific reference was made by the assessing officer with regard to retrospective amendment to section 92ca of the income tax act, 1961 by the finance act, 2012. 2. whether amp expenses incurred by the assessee in india can be treated and categorized ..... words, it is held that amp expenses incurred by msil cannot be treated and categorised as an international transaction under section 92b of the act. (iii) since answer to question no.2 is in favour of the assessee, the question of the tpo making any transfer pricing adjustment in respect of such transaction chapter x does .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(24)ECC150
..... excise v. crescent dyes & chemicals, supra that while making the said observations in para 8, the provisions of sub-section (3) of section 50 of the finance (no. 2) act, 1980 and the customs, central excise and gold (control) removal of difficulties order, 1982 were not noticed, nor they were brought to the notice of the ..... general or special order which appears to be necessary or expedient for the purpose of removing such difficulty, under sub-section (3) of section 50 of the finance (no. 2) act of 1980. exercising these powers the central government passed "the customs, central excise & gold (control) removal of difficulties order, 1982 making the provisions of this ..... appeal) by the department or by the concerned party the legislature itself empowered the central government under sub-section (3) of section 50 of the finance (no. 2) act, 1980 to pass any general or special order to do anything not inconsistent with the amended provisions which appear to be necessary or expedient for the .....
Tag this Judgment!Court : Delhi
..... -obstante clause in section 88. this court, however, notices that those observations did not give importance to the definition of "tax arrear" under section 2(m) of the finance act (no.2), especially the explanation which underlines that declarations, voluntary payments or payments under protest of "any amount or duties, cesses, interest ." would "not be ..... such payment shall not be deemed to be the amount unpaid for the purposes of - determining tax arrear under this sub-clause;by section 88 of the finance act (no.2) of 1998, the "settlement of tax payable" was provided for in the following terms:"88. settlement of tax payable subject to the provisions of this ..... . this enabled the applicants to settle their tax disputes after making appropriate declaration to the designated authority. "tax arrears" was defined as follows by section 2(m) of the finance act (no.2) as follows: (m) "tax arrear" means,- (i) in relation to direct tax enactment, the amount of tax, penalty or interest determined on .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)461; 2000(53)DRJ696; [2000]243ITR246(Delhi)
..... took the matter in further appeal to the tribunal. while the appeal was pending, the government of india introduced the kvss, contained in chapter iv of the finance (no. 2) act, 1998, with a view to provide a quick and voluntary settlement of tax arrears outstanding as on 31st march, 1998. initially the scheme was to be ..... reference it is reproduced hereunder: 'sub: declaration under kvss intimation under section 90(1) of the finance (no. 2) act, 1998 - amendment thereof information reg. please refer to the above. an order u/s. 90(1) of the finance (no. 2) act, 1998, in form 2a was passed in your case vide order dated 21.10.1998 whereby tax arrears ..... taking up the afore noted questions for consideration, it would be necessary to briefly refer to the relevant provisions of the finance act. as noted above, the scheme is contained in chapter (iv) of the finance (no. 2) act, 1998, comprised in sections 86 to 98 (both inclusive) as also a schedule thereto. section 88 provides that subject to .....
Tag this Judgment!Court : Delhi
Reported in : (2000)160CTR(Del)95
..... the matter in further appeal to the tribunal. while the appeal was pending, the government of india introduced the kvss, contained in chapter iv of the finance (no. 2) act, 1998, with a view to provide a quick and voluntary settlement of tax arrears outstanding as on 31-3-1998. initially the scheme was to be in ..... ready reference it is reproduced hereunder .''sub : declaration under kvss intimation under section 90(1) of the finance (no. 2) act, 1998-amendment thereof-information reg.please refer to the above.an order under section 90(1) of the finance (no. 2) act, 1998, in form 2a was passed in your case vide order, dated 21-10-1998, whereby tax ..... . before taking up the aforenoted questions for consideration, it would he necessary to briefly refer to the relevant provisions of the finance act. as noted above, the scheme is contained in chapter iv of the finance (no. 2) act, 1998, comprised in sections 86 to 98 (both inclusive) as also a schedule thereto. see. 88 provides that subject .....
Tag this Judgment!Court : Delhi
..... also highlighted the fallacies concerning each of the tax ass.15. after almost two years, i.e., in july 2014, an amendment was made to section 145 of the act by the finance (no.2) act, 2014. the amended section 145 reads as under: section 145: method of accounting (1) income chargeable under the head "profits and gains of business or profession" or "income from ..... other sources" shall, subject to the provisions of sub-section (2), be computed in accordance with either cash or mercantile system of accounting regularly employed by the wp (c) 5595/2017 .....
Tag this Judgment!Court : Delhi
..... escalator, fire escape staircases or travelators; or (f) such other similar services . xxxx xxxx xxxx xxxx 10. that the respondent amended the finance act, 1994 w.e.f. 10.09.2004 through the finance (no.2) act, 2004 by introducing another taxable services as construction service (later on renamed as commercial or industrial construction services ) under sub-clause (zzq) ..... read with clause (29) and clause (39a) of section 65 of chapter v of the finance act, 1994 vide notification no.7/2003, dated 20.06.2003. to enlarge the scope of this taxable service, aforesaid provisions were amended by the finance (no.2) act, 2004, w.e.f. 10.09.2004, to include the erection services within its ambit, ..... again by the finance act, 2005, w.e.f. 16.06.2005, to include specific installation services and again by the finance act, 2006, w.e.f. 01.05.2006 to .....
Tag this Judgment!Court : Delhi
..... escalator, fire escape staircases or travelators; or (f) such other similar services . xxxx xxxx xxxx xxxx 10. that the respondent amended the finance act, 1994 w.e.f. 10.09.2004 through the finance (no.2) act, 2004 by introducing another taxable services as construction service (later on renamed as commercial or industrial construction services ) under sub-clause (zzq) ..... read with clause (29) and clause (39a) of section 65 of chapter v of the finance act, 1994 vide notification no.7/2003, dated 20.06.2003. to enlarge the scope of this taxable service, aforesaid provisions were amended by the finance (no.2) act, 2004, w.e.f. 10.09.2004, to include the erection services within its ambit, ..... again by the finance act, 2005, w.e.f. 16.06.2005, to include specific installation services and again by the finance act, 2006, w.e.f. 01.05.2006 to .....
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