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Search Results Judgments > Act:FINANCE ACT 1994 Section 93 Year:2013

Jun 10 2013

M/s. Jindal Poly Films Ltd. and Others Vs. The State of Maharashtra an ...

  • Decided on : 10-Jun-2013

Court : Mumbai

... unit under different schemes, by Finance Act,2001 section 41BB has been inserted into the BST Act, thereby empowering the State Government to prescribe different ratios for different classes of dealers under different schemes. In the Statement of Objects and Reasons for inserting Section 41BB in the B.S.T. Act, it is clearly stated that the said Section is introduced with a view to ... and Validation Act 12. The provisions of Sub-section (1) of Section 93 were substituted by Maharashtra Act 22 of 2009. Section 3 of the Amending Act provides that Sub-section (1) of Section 91, as originally enacted, shall be substituted by sub-sections (1), (1A) and (1B) and shall be deemed always to have been substituted. As amended, sub-sections (1), (1A) and (1B) of Section 93 read as follows: ... not less than 25% of the Gross Fixed Capital Investment at the end of the previous financial year of the Eligible Unit. ? By a G.R. dated 6 July 1994, paragraph 3.8(I)(i)(c) was amended and substituted by deleting the word ??proportionate ? from the Scheme of 1993. As a result, it was stipulated that an acquisition ... a retrospective enactment, a new tax is being imposed; (iii) With the introduction of Section 41BB of the Bombay Sales Tax Act, 1959 and Section 93(1) in its original form in the Maharashtra Value Added Tax Act, 2002, the legislative intent to grant proportionate incentives was clear. Section 41BB and Section 93(1) were not enabling provisions or facilitative, but were restrictive in nature; (iv) ...

Feb 12 2013

Mohabir Enterprises Vs. Commissioner of Central Excise

  • Decided on : 12-Feb-2013

Court : Chennai

... Finance Act, 1994.4. While so, it is the case of the petitioner that a show cause notice in No.608/2009, dated 30.11.2009 was issued by the second respondent to the petitioner, requiring the petitioner to show cause as to why a sum of Rs.47,93,649/- towards service tax, should not be demanded under Section 73(1) of the Finance Act, 1994 ... Section 65(104a) of the Finance Act, 1994.4. While so, it is the case of the petitioner that a show cause notice in No.608/2009, dated 30.11.2009 was issued by the second respondent to the petitioner, requiring the petitioner to show cause as to why a sum of Rs.47,93,649/- towards service tax, should not be demanded under Section ... Original No.20/2012, dated 29.2.2012, levying service tax of Rs.47,93,469/-, with interest, penalty, etc., against which, the petitioner filed a statutory appeal under Section 85 of the Finance Act, 1994, before the first respondent-appellate authority, along with petition for stay/waiver of ... "survey and exploration of mineral services" as defined under Section 65(104a) of the Finance Act, 1994. A show cause notice, dated 30.11.2009 was issued to the petitioner, to show cause as to why Rs.47,93,469/- should not be demanded as service tax with interest ... of Rs.47,93,469/- towards service tax, with interest, penalty, etc., had been reduced to Rs.4 lakhs under Section 35-F of the Central Excise Act (hereinafter referred to as 'the Act') made applicable to the Service Tax as per Section 83 of the Finance Act and the balance ...

Nov 13 2013

G.D. Builders Vs. Uoi and Anr.

  • Decided on : 13-Nov-2013

Court : Delhi

... Section 65 of the Act. The second challenge before us is to the explanation.9. Notification No.18/2005-ST dated 7th June, 2005 was issued in respect of Section 65(105)(zzzh) which reads as follows:?In exercise of the powers conferred by subsection (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act ... section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service provided to any person by any other person, in relation to construction of complex, referred to in sub-clause (zzzh) of clause (105) of section 65 of the Finance Act ... section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Page 14 of 51 Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service of the description specified in column (3) of the Table below and specified in the relevant subclauses of clause (105) of section 65 of the Finance Act ... section 93 of the Finance Act, 1994 (32 of 1994), the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service provided by a commercial concern to any person, in relation to commercial or industrial construction service, from so much of the service tax leviable thereon under section 66 of the said Act ...

Jan 04 2013

Chitra Construction Company Vs. Addl Commissioner of Customs

  • Decided on : 04-Jan-2013

Court : Chennai

... rendered by them, due to the exemption said to have been granted by way of the notification No.17/2005-ST, dated 7.6.2005, issued under section 93 of the Finance Act, 1994, as claimed by them. The belief of the authorities concerned that the petitioners had secreted certain documents relevant for the purpose of investigation of the matter relating ... documents, believed to be available in the premises in question. Accordingly, search warrants had been issued, as per Section 82 of the Finance Act,1994, read with Section 12E of the Central Excise Act, 1944, made applicable to service tax, under Section 83 of the Finance Act, 1994. The premises in question, which had been searched by the officers of the respondent department, are all coming ... premises in question. Accordingly, the first respondent had taken a conscious decision to issue search warrants, under Section 82 of the Finance Act, 1994, read with Section 12E of the Central Excise Act, 1944, made applicable to service tax, in terms of Section 83 of the Finance Act, 1994. Based on the search warrants issued, a search was conducted, on 1.3.2012, in the premises ... . Section 82 of the Act does not presuppose the issuance of summons, as the power to search is a distinct power. According to Section 12E of the Central Excise Act, 1944, a Central Excise Officer may exercise the powers and discharge the duties conferred on any other Central Excise Officer, who is subordinate to him. As per section 83 of the Finance Act, 1994, ...

Jun 26 2013

AGS Entertainment Private Limited Vs. Union of India

  • Decided on : 26-Jun-2013

Court : Chennai

... is clear therefore that Section 66 read with Sections 65(41)(j) and 67(m-a) in Chapter V of the Finance Act, 1994 do not seek to levy tax on goods or passengers. The subject-matter of tax under those provisions of the Finance Act, 1994 is not ... common understanding of the word service so long as it does not transgress any specific restriction contained in the Constitution.93. At this juncture, it is to be noted that the Hon'ble Supreme Court in MAFFTALAL INDUSTRIES LTD.,v UNION OF ... Section 65(105)(zzzzt) of the Finance Act, 1994 is covered by Article 366 (29A)(d), which is a "deemed sale of goods"? 2.Whether the Petitioners are right in contending that the levy of service tax on "temporary transfer or permitting the use or enjoyment of copyright" provided under Section 65(105)(zzzzt) of the Finance Act, 1994 ... Section 65(105)(zzzzt) of the Finance Act, 1994 as ultra vires Entry 54 of List II of the Seventh Schedule to and Article 14, 19(1)(g) and 245 of the Constitution of India. W.P.No.2947 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Declaration declaring Section 65(105)(zzzzt) of the Finance Act, 1994 ... Section 65(105)(zzzzt) of the Finance Act, 1994 as ultra vires Entry 54 of List II of the Seventh Schedule to and Article 14, 19(1)(g) and 245 of the Constitution of India. W.P.No.3144 of 2012 is filed under Article 226 of Constitution of India praying to issue a Writ of Declaration declaring Section 65(105)(zzzzt) of the Finance Act, 1994 ...

Sep 13 2013

PIONEER INDIA ELECTRONICS (P) LTD. Vs. UNION OF INDIA & ANR

  • Decided on : 13-Sep-2013

Court : Delhi

... Finance, Government of India in exercise of powers conferred by Sub-section 1 of Section 25 of the Act. Vide the said notification, the Central Government exempted the goods falling within the first schedule to the Customs Tariff Act, 1975 when imported into India for subsequent sale from the whole of the additional duty of Customs leviable thereon under Sub-section 5 of Section ... one year from the date of payment of actual duty, whether it was paid as provisional assessment or on the basis of final assessment.13. This notification No. 93 of 2008 and the Circular No. 23/2010 Custom have been impugned in the present petition.14. In the present case the petitioner imported various goods from its ... seeking refund stipulated in Section 27 of the Act. iii. Section 27 applies to all refunds whether due and payable pursuant to appellate orders or court orders or otherwise in terms of exemption notification under Section 25(1) or special orders under Section 25(2) of the Act. iv. The expression ?date of payment used in notification No. 93 of 2008 dated 1st August ... notification under Section 25(1) or special orders under Section 25(2) of the Act. iv. The expression ?date of payment used in notification No. 93 of 2008 dated 1st August, 2008 can mean the date of final assessment. The said interpretation would be in accordance and as per explanation II to Section 27. Similar ======================================================================= expression has been used in Section 27(1 ...

Oct 09 2013

Poompuhar Shipping Corporation Ltd Vs. The Income Tax Officer

  • Decided on : 09-Oct-2013

Court : Chennai

... worded provision in other States' General Sales tax Acts, this Court held that the transaction did not attract the charge under Section 3-A of the Tamil Nadu General Sales Tax Act.36. Referring to Section 68(105)(zzzj) on Service Tax provision under the Finance Act, 1996, he submitted that the supply on ... reported in (2004) 267 ITR654(Commissioner of Income Tax V. P.V.A.L., Kulandagan Chettiar) confirming the decision of this Court reported in (1994) 208 ITR400CIT v. Vr.S.R.M.Firm), in the case of DTAA between India and Malaysia as regards the capital gains arising out ... assessable under Explanation 2(iva) to Section 9(1)(vi) of the Income Tax Act. Thus, for the purposes of Income Tax Act, under the time charter, the payment made being for the use of the ship, the same comes within the meaning of the word ".royalty"..93. This takes us to the second ... Finance Act, 2001 with effect from 01.04.2002. Referring to Section 90(2) of the Income Tax Act, he pointed out that the moment the income sourced to a non-resident is identified, then the assessment of the same has to be seen in the light of the provisions of the Income Tax Act as well as DTAA provisions. In the background of Section ... the Act did not cover the case of use or right to use scientific, commercial and industrial equipment. To remove this anomaly alone, amendment was brought in by the insertion of Clause (iva) under Finance Act, 2001 with effect from 01.04.2002. Referring to Section 90(2) of the Income Tax Act, he ...

Oct 24 2013

Balram Prasad Vs. Kunal Saha & Ors.

  • Decided on : 24-Oct-2013

Court : Supreme

... has further urged that the multiplier method as provided in the second Schedule to Section 163-A of the M.V.Act which provision along with the Second Schedule was inserted to the Act by way of Amendment in 1994, was meant for speedy disposal of no fault motor accident claim cases. Hence, ... the actual ground reality. No hard- and-fast rule, however, can be laid down therefor. 82. The C.I.I. is determined by the Finance Ministry of Union of India every year in order to appreciate the level of devaluation of money each year. Using the C.I.I. ... THE PARTY |AMOUNT TO BE PAID | |Dr. Sukumar Mukherjee |Compensation:Rs.38,90,000 | | |Cost of litigation:1,50,000 | |Dr. Baidyanath Haldar |Compensation:Rs.25,93,000 | | |Cost of litigation: Rs.1,00,000 | |Dr. Abani Roy Chowdhury (since|Compensation:25. 00,000 | |deceased) (claim foregone) | | |AMRI Hospital |Compensation: Rs.38,90,000 ... jurisdiction. In the Consumer Protection Act, 1986 there is a provision for limitation of 2 years for filing of complaint under Section 24-A of the Act and there is no limitation prescribed in the Motor Vehicles Act, 1988.30. Sections 12 and 13 of the Consumer Protection Act, 1986 provide as to how ... limitation prescribed under the provision of the Act is a must.32. Under Section 163-A of the Motor Vehicles Act, 1988 a claimant is entitled to compensation under the structured formula even without negligence whereas no such provision exists under the Consumer Protection Act.33. In this regard, the learned senior ...

Nov 07 2013

Verizon Communications Singapore Pte Ltd Vs. The Income Tax Officer

  • Decided on : 07-Nov-2013

Court : Chennai

... Act. As seen from the facts, the said judgment was rendered in the year 2011, much before the amendment under Finance Act, 2012. Further after the decision reported in (2007) 288 ITR408(Ishikawajama-Harima Heavy Industries Ltd. V. Director of Income Tax) an explanation was inserted below sub-section 2 of Section 9, with effect from 01.06.1976 under Finance Act ... that it merely provided the service to the customer and that the consideration could not be termed as royalty.93. The service order-cum-agreement for Internation Private Leased Line Service between the customer and VSNL and between ... Section 9(1)(vi) of the Act introduced by the Finance Act 2012 with retrospective effect, makes it clear that the consideration being paid by the applicant to STC is royalty under the Act. Even otherwise, it was a right to use a process and a right to use equipment coming within Explanation 2 to Section 9(1)(vi) of the Act ... Act introduced by the Finance Act 2012 with retrospective effect, makes it clear that the consideration being paid by the applicant to STC is royalty under the Act. Even otherwise, it was a right to use a process and a right to use equipment coming within Explanation 2 to Section 9(1)(vi) of the Act.".37. Referring to the clarificatory amendment to Section ... would be liable to be taxed by reason of Section 5(2)(b) of the Income Tax Act. By Finance Act, 2010, with effect from 01.06.1976, the Explanation inserted by Finance Act, 2007 was substituted with retrospective effect from ...

Nov 07 2013

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

  • Decided on : 07-Nov-2013

Court : Chennai

... Act. As seen from the facts, the said judgment was rendered in the year 2011, much before the amendment under Finance Act, 2012. Further after the decision reported in (2007) 288 ITR408(Ishikawajama-Harima Heavy Industries Ltd. V. Director of Income Tax) an explanation was inserted below sub-section 2 of Section 9, with effect from 01.06.1976 under Finance Act ... that it merely provided the service to the customer and that the consideration could not be termed as royalty.93. The service order-cum-agreement for Internation Private Leased Line Service between the customer and VSNL and between ... Section 9(1)(vi) of the Act introduced by the Finance Act 2012 with retrospective effect, makes it clear that the consideration being paid by the applicant to STC is royalty under the Act. Even otherwise, it was a right to use a process and a right to use equipment coming within Explanation 2 to Section 9(1)(vi) of the Act ... Act introduced by the Finance Act 2012 with retrospective effect, makes it clear that the consideration being paid by the applicant to STC is royalty under the Act. Even otherwise, it was a right to use a process and a right to use equipment coming within Explanation 2 to Section 9(1)(vi) of the Act.".37. Referring to the clarificatory amendment to Section ... would be liable to be taxed by reason of Section 5(2)(b) of the Income Tax Act. By Finance Act, 2010, with effect from 01.06.1976, the Explanation inserted by Finance Act, 2007 was substituted with retrospective effect from ...

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