{"act":{"id":"finance-act-2015","short_title":"The Finance Act, 2015","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2015-2016.","act_number":"20","act_year":2015,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":165,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2015/"},"unit":"section","section":{"number":"115","heading":"Insertion of new section 78B","text":"Insertion of new section 78B 115. After section 78A of the 1994 Act, the following section shall be inserted, namely:— \"78B. Transitory provision - (1) Where, in any case,— (a) | service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and no notice has been served under sub-section (1) of section 73 or under the proviso thereto, before the date on which the Finance Bill, 2015 receives the assent of the President; or (b) | service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and a notice has been served under sub-section (1) of section 73 or under the proviso thereto, but no order has been passed under sub-section (2) of section 73, before the date on which the Finance Bill, 2015 receives the assent of the President, then, in respect of such cases, the provisions of section 76 or section 78, as the case may be, as amended by the Finance Act, 2015 shall be applicable. (2) In cases where show cause notice has been issued under sub-section (1) of section 73 or under the proviso thereto, but no order has been passed under sub-section (2) of section 73 before the date on which the Finance Bill, 2015 receives the assent of the President, the period of thirty days for the purpose of closure of proceedings on the payment of service tax and interest under clause (i) of the proviso to sub-section (1) of section 76 or on the payment of service tax, interest and penalty under clause (i) of the second proviso to sub-section (1) of section 78, shall be counted from the date on which the Finance Bill, 2015 receives the assent of the President.\"","html":"<p><b> Insertion of new section 78B </b></p><p><b> 115.</b> After section 78A of the 1994 Act, the following section shall be inserted, namely:—</p><p>\"78B. <i>Transitory provision</i> - (<i>1</i>) Where, in any case,—</p><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and no notice has been served under sub-section (<i>1</i>) of section 73 or under the proviso thereto, before the date on which the Finance Bill, 2015 receives the assent of the President; or</td></tr><tr><td>(<i>b</i>)</td><td></td><td>service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and a notice has been served under sub-section (<i>1</i>) of section 73 or under the proviso thereto, but no order has been passed under sub-section (<i>2</i>) of section 73, before the date on which the Finance Bill, 2015 receives the assent of the President,</td></tr></table></div><p>then, in respect of such cases, the provisions of section 76 or section 78, as the case may be, as amended by the Finance Act, 2015 shall be applicable.</p><p>(<i>2</i>) In cases where show cause notice has been issued under sub-section (<i>1</i>) of section 73 or under the proviso thereto, but no order has been passed under sub-section (<i>2</i>) of section 73 before the date on which the Finance Bill, 2015 receives the assent of the President, the period of thirty days for the purpose of closure of proceedings on the payment of service tax and interest under clause (<i>i</i>) of the proviso to sub-section (<i>1</i>) of section 76 or on the payment of service tax, interest and penalty under clause (<i>i</i>) of the second proviso to sub-section (<i>1</i>) of section 78, shall be counted from the date on which the Finance Bill, 2015 receives the assent of the President.\"</p>","words":294,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2015/section/115/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}