Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Sorted by: old Court: mumbai Page 9 of about 7,931 results (0.069 seconds)

Indian National Shipowners' Association, a Company having Its register ...

Court : Mumbai

Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)

..... of the said circular. at the cost of repetition, we must state that when entry (zzzy) was inserted into section 65(105) of the finance act, 1994, by circular no. 334/1/2007.tru dated 28/2/07 it was clarified that the different entries relating to mining activities were being consolidated under the said entry. mining activities were defined in the ..... 1st petitioner are in relation to 'mining of mineral oil or gas service as defined under sub clause (zzzy) of section 65(105) of the finance act, 1994.' a further letter dated 19/2/08 was addressed to the 1st petitioner by the 4th respondent as a reply to its representation dated 28/11/07 reiterating the view of the 3rd ..... by the finance act, 2007. the said entry reads as under:any service provided or to be provided to any person by any other person in relation to mining of mineral, oil or gas8. by circular no. 334/1/2007-tru (letter d.o.f. no.) dated 28/2/07 respondent 1 clarified that the different entries relating to mining activities were .....

The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

..... bill proposed to exempt the export profits under section 80 hhc from the purview of minimum alternate tax. cbdt circular no. 763 dated 18.2.1998, sets out mat was introduced w.e.f. 1st april, 1997 and the finance act, 1997 exempts the export profits which are eligible under section 80hhc or under section 80 hhg from the purview ..... percentage wise as set out beginning with 80% for 2001 and ending with 30% for assessment year beginning on 1.4.2004. no deduction is available after 1-4- 2005 and subsequent years.7. section 115jb was inserted by the finance act,2000 with effect from 1.4.2001.115jb(1) notwithstanding anything contained in any other provision of this ..... of minimum alternate tax.19. then we have the budget speech of finance minister dated 29.2.2000 while introducing section 115jb. referring to clause 49 in the .....

Raymond Limited, Under Companies Act, 1956 and Mr. Vasant Naag of Navi ...

Court : Mumbai

Reported in : 2009(5)BomCR174; 2009(111)BomLR2444; 2009(167)LC7(Bombay); 2009(240)ELT180(Bom)

..... on the materials which have already suffered tax.10. on 8-7-2004, the hon'ble finance minister while presenting the finance bill (no. 2), 2004 in the lok sabha announced a new tax regime for the textile sector. relevant portion of the finance minister's speech, reads thus:141. i shall now deal with the most challenging tax ..... and excise duties are explained in detail in the explanatory notes. you would appreciate that number of changes have been carried out through amendments in notifications, rules and acts. though every care has been taken to reflect the intention of the government clearly in all these documents, the chances of human error cannot be ruled out. ..... sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) and in supersession of the notification of the government of india in the ministry of finance (department of revenue)no.07/2003-central excise dated the 1st march 2003, published in the gazette of india vide number .....

Cit Vs. Madhukar K. Inamdar (Huf)

Court : Mumbai

Reported in : (2010)229CTR(Bom)77; [2009]138ITR149(Bom); [2009]185TAXMAN101(Bom)

..... recurring nature should not be withdrawn since provision like section 268a of the income tax act was absent. now, in view of insertion of the provision of section 268a by the finance act, 2008 with effect from 1-4-1999 in the income tax act, 1961, no prejudice could be caused to the revenue even if the cases involving legal issues ..... monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any it authority under the provisions of this chapter.(2) where, in pursuance of the orders, instructions or directions issued under sub-section (1), an it authority has not filed any appeal or application for reference on ..... board fixing monetary limits for filing an appeal or application for reference shall be deemed to have been issued under sub-section (1) and the provisions of sub-sections (2), (3) and (4) shall apply accordingly.13. in the aforesaid backdrop, we are of the considered view that the circular dated 15-5-2008 would be applicable .....

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

..... income tax authority will take a view different from the view taken before the settlement commission. .in our opinion, the amendment made by the finance act 2008 in no way will remedy the unconstitutionality and the arbitrariness of the impugned provisions and in fact disclose the harshness of the consequences thereunder by attempting to ..... follow. the i.t. authorities including the assessing officer then was entitled to use all material and other information produced by the petitioner before the respondent no. 2 including that disclosed as confidential. it is also necessary to note that in so far as the applicant is concerned, once an application is made, ..... interpretation, the section ought to be read as providing for abatement only in respect of such applications wherein the applicant has in any manner prevented respondent no. 2 from discharging its mandatory statutory duty/obligation in passing an order under section 245ha(1)(iv) on or before 31st march, 2008. any other interpretation .....

Commissioner of Income Tax Vs. Emilio Ruiz Berdejo and ors.

Court : Mumbai

Reported in : (2010)228CTR(Bom)145

..... of the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000), as amended by the taxation laws (amendment) act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the 15th day of march, ..... as aforesaid, and,(a) where the return is furnished after the expiry of the time aforesaid, ending on the date of furnishing the return; or(b) where no return has been furnished, ending on the date of completion of the reassessment or re-computation under section 147 or reassessment under section 153a,on the amount by which ..... question is heard finally by consent of parties. all these appeals involve common question of law based on identical facts, as such the factual matrix is drawn from it appeal no. 3823 of 2008 (cit v. emilio ruiz berdejo) for considering rival submissions.5. having heard rival parties, before considering the aforesaid question, it is necessary to draw .....

The Prudential Assurance Company Ltd. a Company Incorporated in the Un ...

Court : Mumbai

Reported in : (2010)232CTR(Bom)12

..... that the commissioner was justified in seeking recourse to his revisional jurisdiction under section 263.8. chapter xix-b of the income tax act, 1961 was introduced with effect from 1 june 1993 by the finance act of 1993. the chapter makes a provision for advance rulings and constitutes an authority, presided over by a retired judge of the ..... was not proper, the petitioners should not be relegated to pursue the proceedings initiated under section 263.11. we would clarify, in conclusion, that we have had no occasion having regard to the nature of the jurisdiction that was invoked by the commissioner to inquire into the correctness of the ruling of the aar in the ..... (i) at this stage, only a notice has been issued to the petitioner under section 263 and there is no reason for this court to exercise its extra ordinary jurisdiction under article 226 of the constitution; and (ii) the central board of direct taxes had in a circular dated 15 july 2007 directed the assessing officers to evaluate .....

Tej Control Systems Pvt. Ltd. Vs. Commissioner of Central Excise, Than ...

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 .....

M/S.inox Air Products Limited Vs. the Commissioner of Central Excise a ...

Court : Mumbai

..... part of the consideration received by the assessee and, therefore, such cost would have to be included in the value of the taxable services. 8. section 67 of the finance act, 1994, reads thus: 67. (1) subject to the provisions of this chapter, service tax chargeable on any taxable service with reference to its value shall, - ..... b) where the value cannot be determined in accordance with clause (a), the service provider shall determine the equivalent money value of such consideration which shall in no case be less than the cost of provision of such taxable service. 10. perusal of the aforesaid provision would show that where the consideration for the services ..... service shall include any amount received towards the taxable service before, during or after provision of such service. (4) subject to the provisions of sub-sections (1), (2) and (3), the value shall be determined in such manner as may be prescribed. explanation. for the purposes of this section, - (a) consideration includes any amount .....

M/S.inox Air Products Limited Vs. the Commissioner of Central Excise a ...

Court : Mumbai

..... part of the consideration received by the assessee and, therefore, such cost would have to be included in the value of the taxable services. 8. section 67 of the finance act, 1994, reads thus: 67. (1) subject to the provisions of this chapter, service tax chargeable on any taxable service with reference to its value shall, - ..... ) where the value cannot be determined in accordance with clause (a), the service provider shall determine the equivalent money value of such consideration which shall in no case be less than the cost of provision of such taxable service. 10. perusal of the aforesaid provision would show that where the consideration for the services ..... service shall include any amount received towards the taxable service before, during or after provision of such service. (4) subject to the provisions of sub-sections (1), (2) and (3), the value shall be determined in such manner as may be prescribed. explanation. for the purposes of this section, - (a) consideration includes any .....