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Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission established - deduction allowed - HC Rejection of the application for registration – Manufacture of cigarettes - No condition regarding issue of licence under IRDA Act by Ministry of Commerce and Industry, before the issue of Central excise registration certificate - refusal of registration is incorrect - Tri Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. - penalty imposed set aside. - Tri Construction of complex - several quarters - different buildings in the same compound. - None of the buildings had more than 12 flats in each building - Prima facie case in favor of assessee - pre deposit waived. - Tri Retreading of old tyres - Maintenance and Repair service - benefit of Notification No. 12/2003-S.T., dated 20-6-2003 - prima facie case is against the assessee - stay granted partly. - Tri Condonation of delay in filing the appeal - assessee is not a company placed with experts advising - Assessee is only an individual which must be appreciated - Delay condoned - Tri Grossing up of the expenditure with TDS amount for claiming deduction - Non reimbursable tax paid to Master Cards/Visa Cards included under the head “Operating Expenses“ - Claim allowed - Tri It is not open to the Revenue to accept a judgement in the case of an assessee and challenge its correctness in the case of any other assessee without just cause. - Tri Income u/s 2(24) - exercising of voting rights in a particular fashion - to exercise voting rights is not the business of the assessee. - The receipt was not of recurring in nature - not taxable - Tri Wrong accounting entry - inadvertent mistake, merely an accounting entry which is subsequently corrected and explained cannot fasten the assessee with tax liability by assuming it to be an income whereas in realty the amount was by way of advance/ deposit. - Tri Transfer of right to use the goods - Exigible to sales tax -assessee(s) have not produced any document/agreement to show that the assessee(s) retained possession and control over the Cinematographic equipments leased out. - Levy of tax upheld - HC Interstate sale or not - CST - passive infrastructure provider - The fact that the goods purchased by the petitioners were neither sold nor used in the manufacture of goods for re-sale does not constitute violation of the C forms. - HC Cross-objections filed before Commissioner (Appeals) against service tax demand - whether be treated as an appeal filled? - Held No - Tri Exemption under Notification No.6/2002 to the goods manufactured at site of the construction for use in the construction work at such site and the goods supplied for use by the Railways, cannot be denied. - Tri Maintainability of settlement application – Despite the assessee informing the Commissioner, that it had paid the filing fee and would file the settlement application within a week, the Commissioner proceeded to pass an order in utter haste. - HC Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - writ petition dismissed. - HC First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% - the appellant is directed to deposit 25% of the service tax liability confirmed by the adjudicating authority. - Tri If the goods were not intercepted, the same would have been cleared without claiming the ownership as the actual owner of the goods viz. digital cameras and wrist watches. Therefore, the goods are liable for confiscation - Tri    Left Stop Right
Finance Acts
 

 THE FINANCE ACT, 2005

Show Chapter Wise
Provisions Title
Short title and commencement
 
Income-tax
 
Amendment of section
 
Amendment of section 1
 
Amendment of section 10A
 
Amendment of section 16
 
Amendment of section 17
 
Amendment of section 32
 
Amendment of section 33AC
 
Amendment of section 35
 
Amendment of section 35DDA
 
Amendment of section 36
 
Amendment of section 40
 
Amendment of section 43
 
Amendment of section 47
 
Amendment of section 49
 
Amendment of section 54EC
 
Amendment of section 54ED
 
Insertion of new section 72AA
 
Amendment of section 73
 
Insertion of new section 80C
 
Amendment of section 80CCC
 
Amendment of section 80CCD
 
Insertion of new section 80CCE
 
Substitution of new section for section 80E
 
Amendment of section 80-IA
 
Amendment of section 80-IB
 
Omission of section 80L
 
Amendment of section 88
 
Omission of section 88B
 
Omission of section 88C
 
Omission of section 88D
 
Amendment of section 112
 
Amendment of section 115A
 
Amendment of section 115JAA
 
Amendment of section 115VD
 
Insertion of new Chapter XII-H
 
Amendment of section 119
 
Amendment of section 124
 
Amendment of section 139
 
Amendment of section 139A
 
Amendment of section 140
 
Amendment of section 140A
 
Amendment of section 142
 
Amendment of section 153
 
Amendment of section 153B
 
Amendment of section 153C
 
Amendment of section 194A
 
Amendment of section 194C
 
Amendment of section 199
 
Amendment of section 203
 
Insertion of new section 206A
 
Amendment of section 206C
 
Amendment of section 238
 
Amendment of section 239
 
Amendment of section 244A
 
Amendment of section 246A
 
Amendment of section 271
 
Insertion of new section 271FB
 
Amendment of section 272A
 
Amendment of section 273B
 
Amendment of section 276CC
 
Amendment of section 278
 
Amendment of section 295
 
Amendment of section 28E
 
Amendment of section 28F
 
Amendment of section 28H
 
Amendment of section 127MA
 
Amendment of section 128A
 
Amendment of section 129A
 
Amendment of section 129D
 
Substitution of new section for section 3
 
Omission of section 3A
 
Amendment of First Schedule
 
Amendment of section 5A
 
Amendment of section 23A
 
Amendment of section 32PA
 
Amendment of section 35A
 
Amendment of section 35B
 
Amendment of section 35E
 
Substitution of new Schedule for Third Schedule
 
Amendment of Central Excise Rules, 1944
 
Amendment of rule 6 of the CENVAT Credit Rules, 2001
 
Amendment of notification issued under section 5A of the Central Excise Act
 
Additional duty of excise (pan masala and certain tobacco products)
 
Amendment of First Schedule and Second Schedule
 
Amendment of Chapter 15 of First Schedule
 
Amendment of Act 32 of 1994
 
Amendment of section 2
 
Amendment of section 5
 
Amendment of section 6
 
Amendment of section 13
 
Extent, commencement and application
 
Definitions
 
Charge of banking cash transaction tax
 
Value of taxable banking transaction
 
Collection and recovery of banking cash transaction tax
 
Scheduled bank to furnish prescribed return
 
Assessment
 
Rectification of mistake
 
Interest on delayed payment of banking cash transaction tax
 
Penalty for failure to collect or pay banking cash transaction tax
 
Penalty for failure to furnish prescribed return
 
Penalty for failure to comply with notice
 
Penalty not to be imposed in certain cases
 
Application of certain provisions of Act 43 of 1961
 
Appeals to Commissioner of Income-tax (Appeals)
 
Appeals to Appellate Tribunal
 
False statement in verification, etc.
 
Institution of proceedings
 
Power to make rules
 
Power to remove difficulties
 
This Chapter not to apply in certain cases
 
Amendment of Act 5 of 1873
 
Insertion of new section 8B in Act 2 of 1899
 
Amendment of section 2 of Act 49 of 1950
 
Substitution of new Schedule for First Schedule to Act 58 of 1957
 
Amendment of section 2 of Act 46 of 1959
 
Substitution of new Schedule for Schedule to Act 40 of 1978
 
Amendment of Second Schedule to Act 21 of 1998
 
Amendment of Second Schedule to Act 27 of 1999
 
Amendment of section 10 of Act 54 of 2000
 
Substitution of new Schedule for Seventh Schedule to Act 14 of 2001
 
Amendment of Act 32 of 2003
 
Amendment of Act 23 of 2004
 
Memorandums
 
FIRST SCHEDULE
 
SECOND SCHEDULE
 
THIRD SCHEDULE
 
FOURTH SCHEDULE
 
FIFTH SCHEDULE
 
SIXTH SCHEDULE
 
SEVENTH SCHEDULE
 
EIGHTH SCHEDULE
 
NINTH SCHEDULE
 
TENTH SCHEDULE
 
ELEVENTH SCHEDULE
 
TWELFTH SCHEDULE
 
 
 
 
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