Court : Chennai
..... )the value of any other fringe benefit or amenity (excluding the fringe benefits chargeable to tax under chapter xii-h) as may be prescribed. 7. but, by the amendment under finance (no.2) act, 2009, three items under clauses (vi), (vii) and (viii) were substituted for the existing clause (vi). in other words, after the amendment with effect from 1.4.2010, there are ..... appeared in brackets. 9. interestingly, many of the writ petitioners did not even notice the amendment that section 17(2) had undergone, under finance (no.2) act, 2009 and hence, the prayer made by some of them in their writ petitions, is to declare section 17(2)(vi) as unconstitutional. however, it should be pointed out that some writ petitions are filed in 2008 and some .....
Tag this Judgment!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 : Supreme Court of India
..... making authority to prescribe any other fringe benefits or amenities that are liable to taxation as perquisites . 4 before amendments brought in by finance (no.2) act, 2009, with effect from 01.04.2010, section 17(2)(vi) of the act read: (vi) the value of any other fringe benefit or amenity (excluding the fringe benefits chargeable to tax under chapter xiih) ..... accordingly, rule 3(7)(i) is intra vires section 17(2)(viii) of the act. 26 air (1967) sc1895 27 (1965) 2 scr477 civil appeal no.7708 of 2014 & ors. page 15 of 17 section 17(2)(viii) does not lead to an excessive delegation of the essential legislative function . ii. is rule 3(7)(i) arbitrary and violative of article 14 ..... amenity as perquisite is not boundless. it is demarcated by the language of section 17 of the act. anything made taxable by the rule-making authority under section 17(2)(viii) should be a perquisite 19 (1968) scc online sc13 civil appeal no.7708 of 2014 & ors. page 11 of 17 in the form of fringe benefits or amenity .....
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 : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... arising for consideration in this are as follows:- 2.1 the appellant, m/s.tej control systems pvt. ltd. thane, are manufacturers of goods falling under chapter 85 of the central excise tariff act, 1985. they have two registrations, one under the central excise act and other under the finance act, 1994 for the purpose of service tax. the ..... (appeals), who vide impugned order dismissed their appeal. hence, the appellants are before me. 3. the ld. advocate for the appellant submits that there is no dispute about the fact that they made the payments even before the issuance of the adjudication order. the only mistake committed by them was that instead of quoting ..... excise registration number they had quoted service tax registration number in the payment challans. there is no dispute of the fact that the government has received money whatever is due from them. therefore, the question of asking them to pay the amount again is .....
Tag this Judgment!Court : Chennai
..... as a deduction in computing the income of the previous year in which such tax has been paid."12. explaining the amendment under the finance act 2008, the central board of direct taxes issued the circular under circular no. 1/2009, dated 27th march 2009 as under:" 12.1 as per the provisions of sub-clause (ia) of clause (a) of section ..... case, the tribunal is right in law in not considering the issue raised by the revenue in its grounds of appeal that the provisions of finance act, 2010 in section 40(a)(ia) is retrospective or not?2. whether the tribunal is right in law in holding that the additional evidence filed by the revenue is admissible and at the same time ..... . whether the tribunal is right in not remanding the case back to the files of the lower authorities for the proper disposal of the case before the lower authorities? "2. the two appeals are filed by the assessee against the order of the tribunal, one appeal is against the order passed in respect of appeal filed by the revenue and .....
Tag this Judgment!Court : Punjab and Haryana
..... tax act, 1961 (hereinafter referred to as the act .) as substituted by an amendment by the finance act, 2007 with effect from 1.6.2007 being ultra vires.2. the premises of the petitioner were searched under section 132 of the act on 17.1.1995. thereafter, he filed an application on 29.1.1997 before the settlement commission-respondent no.2 under ..... not be maintainable. thus, interest under section 234b would be payable up to the stage of section 245d(1). our view is supported by the amendment made by finance act of 2007 w.e.f. 1.6.2007 in which interest is required to be paid for maintainability of the application for settlement. 10. keeping in view ..... been decided, it is open to the applicants to seek refund in case the settlement commission has decided in their favour and where the cases are still pending, respondent no.2-settlement commission shall pass orders keeping in view the above referred judgment. (jasbir singh) judge (g.s. sandhawalia) judge 5.8.2013 ashwani/pardeep arora kumar .....
Tag this Judgment!Court : Karnataka
..... words and other game of any sort found in section 194b.63. hence, this court is of the considered view that amendment brought about by finance act of 2001 to section 2(24) and 194b would have no bearing on the income earned from owning and maintaining horses . in other words, the term any other similar game found in explanation ..... game of any sort to section 194b with effect from 2001 would have no bearing on payment of stake monies paid by the turf clubs to the race horse owners. 131 61. explanation (ii) to sub-section (ix) of section 24 came to be inserted by finance act, 2001. it is an inclusive definition. the term or any other ..... bellary road bangalore-560 032. central board of direct taxes ministry of finance, department of revenue government of india, north block, new delhi-110 001.2. 3.4. bangalore turf club limited, a company incorporated under the companies act, 1956 having its registered office at: p.o.box no.5038, race course road, bangalore-560 001 represented by its secretary .....
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 : Chennai
..... is hereby declared that any order passed by an adjudicating officer subordinate to the commissioner of central excise immediately before the commencement of clause (c) of section 112 of the finance (no. 2) act, 2009, shall continue to be dealt with by the commissioner of central excise as if this section had not been substituted.] 85.(1) any person aggrieved by any decision or ..... rs.1,26,776/- and demanded the same from the appellant, vide show cause notice no.122/09, dated 03.04.2009 and no.23/2009, dated 28.07.2009 respectively, under rule 14 of the cenvat credit rules, 2004, r/w. section 73(1) of the finance act, 1994. he also demanded interest, applicable at the rate payable on the above mentioned demands .....
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