Court : Delhi
..... of the union list for levying tax on services. the legal backup was further provided by the introduction of article 268a in the constitution vide constitution (eighty-eighth amendment) act, 2003 which stated that taxes on services shall be charged by the central government and appropriated between the union government and the states. simultaneously, a new entry 92c ..... two elements: the person, thing or activity on which tax is imposed. thus, every tax may be levied on an object or on the event of taxation. service tax is, thus, a tax on activity whereas sales tax is a tax on sale of a thing or goods". (emphasis supplied) relevant provisions of the ..... india and the raising of a demand of service tax on the consideration received by it for export of telecommunication services to verizon us are not sustainable in law. the impugned orders dated 12th september 2016 passed by the commissioner denying the refund of cenvat credit to verizon india for the aforementioned period and the scn dated .....
Tag this Judgment!Court : Delhi
..... of the union list for levying tax on services. the legal backup was further provided by the introduction of article 268a in the constitution vide constitution (eighty-eighth amendment) act, 2003 which stated that taxes on services shall be charged by the central government and appropriated between the union government and the states. simultaneously, a new entry 92c ..... two elements: the person, thing or activity on which tax is imposed. thus, every tax may be levied on an object or on the event of taxation. service tax is, thus, a tax on activity whereas sales tax is a tax on sale of a thing or goods". (emphasis supplied) relevant provisions of the ..... india and the raising of a demand of service tax on the consideration received by it for export of telecommunication services to verizon us are not sustainable in law. the impugned orders dated 12th september 2016 passed by the commissioner denying the refund of cenvat credit to verizon india for the aforementioned period and the scn dated .....
Tag this Judgment!Court : Delhi
..... of the union list for levying tax on services. the legal backup was further provided by the introduction of article 268a in the constitution vide constitution (eighty-eighth amendment) act, 2003 which stated that taxes on services shall be charged by the central government and appropriated between the union government and the states. simultaneously, a new entry 92c ..... two elements: the person, thing or activity on which tax is imposed. thus, every tax may be levied on an object or on the event of taxation. service tax is, thus, a tax on activity whereas sales tax is a tax on sale of a thing or goods". (emphasis supplied) relevant provisions of the ..... india and the raising of a demand of service tax on the consideration received by it for export of telecommunication services to verizon us are not sustainable in law. the impugned orders dated 12th september 2016 passed by the commissioner denying the refund of cenvat credit to verizon india for the aforementioned period and the scn dated .....
Tag this Judgment!Court : Delhi
..... of the union list for levying tax on services. the legal backup was further provided by the introduction of article 268a in the constitution vide constitution (eighty-eighth amendment) act, 2003 which stated that taxes on services shall be charged by the central government and appropriated between the union government and the states. simultaneously, a new entry 92c ..... two elements: the person, thing or activity on which tax is imposed. thus, every tax may be levied on an object or on the event of taxation. service tax is, thus, a tax on activity whereas sales tax is a tax on sale of a thing or goods". (emphasis supplied) relevant provisions of the ..... india and the raising of a demand of service tax on the consideration received by it for export of telecommunication services to verizon us are not sustainable in law. the impugned orders dated 12th september 2016 passed by the commissioner denying the refund of cenvat credit to verizon india for the aforementioned period and the scn dated .....
Tag this Judgment!Court : Delhi
..... own sphere in spite of article 372. the result is that article 278 overrides article 372; that is to say, notwithstanding the fact that a pre-constitution taxation law continues in force under article 372, the union and the state governments can enter into an agreement in terms of article 278 in respect of part b states ..... a history of the criminal legislation in india would manifestly reveal that so far the code of criminal procedure is concerned both in the 1898 code and 1955 amendment the widest possible powers of revision had been given to the high court under sections 435 and 439 of those codes. the high court could examine the propriety ..... in cases not covered by rules 1 and 2 of order 39 of the civil procedure code to issue temporary injunctions restraining parties to the proceedings before them from doing certain acts. (emphasis supplied) 31. quite obviously, the minority judgement of shah, j.is in disharmony with the majority judgement authored by raghubar dayal, j., regarding the .....
Tag this Judgment!Court : Delhi
..... 4 of 1938), to be furnished to the controller of insurance, subject to adjustments for unexpired risk and disallowances under section 30 to section 43b. the insurance act, 1938 was amended in 1999 and the insurance regulatory development authority (irda) was created. in the financial year 2001-02, irda introduced irda (preparation of financial statements and ..... 1988 was issued by the central board of direct taxes ( cbdt ) which purported to introduce through the rules a policy of liberalisation of provisions in respect of taxation of profits and deduction of tax at source applicable to the holding company' of the assessee, that is, the gic and its subsidiaries (including the assessee). thus ..... s appeal for ay200607. one of the questions framed in the said appeal by the order dated 10th july 2013 was: whether the itat was correct in law in holding that the income earned on sale/redemption of investment is chargeable to tax?. 6. however, when that appeal came to be decided by the decision .....
Tag this Judgment!Court : Delhi
..... 4 of 1938), to be furnished to the controller of insurance, subject to adjustments for unexpired risk and disallowances under section 30 to section 43b. the insurance act, 1938 was amended in 1999 and the insurance regulatory development authority (irda) was created. in the financial year 2001-02, irda introduced irda (preparation of financial statements and ..... 1988 was issued by the central board of direct taxes ( cbdt ) which purported to introduce through the rules a policy of liberalisation of provisions in respect of taxation of profits and deduction of tax at source applicable to the holding company' of the assessee, that is, the gic and its subsidiaries (including the assessee). thus ..... s appeal for ay200607. one of the questions framed in the said appeal by the order dated 10th july 2013 was: whether the itat was correct in law in holding that the income earned on sale/redemption of investment is chargeable to tax?. 6. however, when that appeal came to be decided by the decision .....
Tag this Judgment!Court : Delhi
..... had been interpreted in a very restrictive manner by courts and, therefore, the provision was being amended to insert new criteria. aside from the fact that it would be well within the legislature s prerogative to do so, in taxation matters especially, the law has been settled by the supreme court s decision in indian aluminium ltd. v. state of ..... on ramesh chand industries ltd. v union of india, (1998) 100 taxman 570, 572 (delhi).22. learned counsel submits that provisions of section 142(2a) as amended by finance act, 2013 is neither arbitrary nor unreasonable. it does not violate the provisions of article 14. in this context, it may be mentioned that the courts assert that in ..... no.3 of 2014 dated 24.01.2014. para 35 of the said circular provides that sub-section (2a) of section 142 of the income-tax act, before its amendment by the act, inter-alia, provided that if at any stage of the proceedings, the assessing officer having regard to the nature and complexity of the accounts of the .....
Tag this Judgment!Court : Delhi
..... be made in respect of any expenditure incurred by the assessee in relation to income which does not form part of the total income under the income-tax act. the proposed amendment will take effect retrospectively from april 1, 1962, and will accordingly, apply in relation to the assessment year 1962-63 and subsequent assessment years." 27. in ..... income by debiting the expenses incurred to earn the exempt income against taxable income. ita5482015 & 549/2015 page 15 of 34 this is against the basic principles of taxation whereby only the net income, i.e., gross income minus the expenditure, is taxed. on the same analogy, the exemption is also in respect of the net ..... prescribed by the rules. for, it is only in the event of the assessing officer not being so satisfied that recourse to the prescribed method is mandated by law. 31.3 the bombay high court further observed as under: parliament has provided an adequate safeguard to the invocation of the power to determine the expenditure incurred .....
Tag this Judgment!Court : Delhi
..... enjoining the respondent (including organs and instrumentalities for which the respondent is responsible, such as the income tax department or ita) from enforcing the amendments contained in the finance act, 2012 against the claimants or their investment by way of the tax demands (including any demands for interest and penalties imposed in connection with the ..... plaintiff submits that disputes encompassing tax demands raised by a host state are beyond the scope of arbitration provided under the bilateral investment treaty as taxation is a sovereign function and the same can only be agitated before a constitutional court of the host state. he lastly submits that under the constitutional ..... constituted under two different investment treaties against the same host- state. he contends that the arbitration proceedings now initiated by the defendants is an abuse of law. in support of his contention, he relies upon a recent award published in the matter of orascom tmt investments s.a r.l. v. people .....
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