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Start Free TrialFinance (No. 2) Act, 1998 Section 95
Title: Scheme Not to Apply in Certain Cases
State: Central
Year: 1998
.....the declaration; (b) in a case where an order has been passed by the Settlement Commission under sub-section (4) of section 245D of the Income-tax Act or sub-section (4) of section 22D of the Wealth-tax Act, as the case may be, for any assessment year, to any tax arrear in respect of such assessment year under such direct tax enactment; (c) to a case where no appeal or reference or writ petition is admitted and pending before any appellate authority or the High Court or the Supreme Court on the date of filing of declaration or no application for revision is pending before the Commissioner on the date of filing declaration; (ii) in respect of tax arrear under any indirect tax enactment.-- (a) in a case where prosecution for any offence punishable under any provisions of any indirect tax enactment has been instituted on or before the date of filing of the declaration under section 88, in respect of any tax arrear in respect of such case under such indirect tax enactment; (b) in a case where show cause notice or a notice of demand under any indirect tax enactment has not been issued; (c) in a case where no appeal or reference or writ petition is admitted and pending.....
View Complete Act List Judgments citing this sectionFinance (No. 2) Act, 1998 Section 92
Title: Appellate Authority Not to Proceed in Certain Cases
State: Central
Year: 1998
No appellate authority shall proceed to decided any issue relating to the disputed chargeable expenditure, disputed chargeable interest, disputed income, disputed wealth, disputed value of gift or tax arrear specified in the declaration and in respect of which an order had been made under section 90 by the designated authority or the payment of the sum determined under that section: Provided that in case an appeal is filed by a Department of the Central Government in respect of such issue relating to the disputed chargeable expenditure, disputed chargeable interest, disputed income, disputed wealth, disputed value of gift or tax arrear (except where the tax arrear comprises only penalty, fine or interest) the appellate authority shall decide the appeal irrespective of such declaration.
View Complete Act List Judgments citing this sectionFinance (No. 2) Act, 1998 Complete Act
State: Central
Year: 1998
FINANCE (NO. 2) ACT, 1998 FINANCE (NO. 2) ACT, 1998 21 of 1998 An Act to give effect to the financial proposals of the Central Government for the financial year 1998-99 BE it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows :- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called the Finance (No. 2) Act, 1998. (2) Save as otherwise provided in this Act, sections 2 to 98 (except section 51) shall be deemed to have come into force on the 1st day of April, 1998. SECTION 02: INCOME -TAX (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 1998, income-tax shall be charged at the rates specified in Part I of the First Schedule. (2) In the cases to which Paragraph A of Part I of the First Schedule applies, where the assessee has, in the previous year, any net agricultural income exceeding six hundred rupees, in addition to total income, and the total income exceeds forty thousand rupees, then,- (a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in.....
List Judgments citing this sectionThe Rajasthan Stamp Act, 1998 Complete Act
State: Rajasthan
Year: 1998
.....w.e.f. 24.3.2005) (viii-A) "Chief Controlling Revenue Authority" means Rajasthan Tax Board Constituted under section 90 of the Rajasthan Sales Tax Act 1994 (Act No. 22 of 1995);" (ix) "clearance list" means a list of transactions relating to contract; required to be submitted to the clearing house of an association ii accordance with the rules or bye-laws of the association : Provided that no instrument shall, for the purposes of this Act, be deemed to be a clearance list unless it contains the following declaration signed by the person dealing in such transaction or on his behalf by a properly constituted attorney, namely-- "I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye-laws of the association. I/We further declare that no transaction for which an exemption is claimed under Article 5 or Article 36 in Schedule to the Rajasthan Stamp Act, 1998, as the case may be, is omitted." Explanation--Transaction for the purpose of this clause shall include both sale and purchase. (x).....
List Judgments citing this sectionDelhi Agricultural Produce Marketing (Regulation) Act, 1998 Complete Act
State: Delhi
Year: 1998
.....be presumed that the budget, as presented by the Board, has been duly approved by the Government. Section16 Vacancies not to invalidate Board's action No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof. Section17 Powers and function of the Board (1)The Board shall exercise superintendence and control over the Marketing Committees. (2)The Government or the Chairman or the Vice-Chairman of the Board or any other official of the Board authorised in this behalf by the Board may call for from any Marketing Committee or any trader, godown keeper or any other functionary operating within the Market area any information or relating to agricultural produce and shall have and the power to inspect the records and accounts of such Marketing Committee, trader, godown-keeper or other functionary and shall also have power to seize or take into possession against proper receipt the records, and accounts books, stocks of notified agricultural produce along with its containers and carriers. (3)It may authorise officer/officers of the Board and/or Marketing Committees to.....
List Judgments citing this sectionThe Indraprastha Vishwavidyalaya Act, 1998 Complete Act
State: Delhi
Year: 1998
.....Private Institutions affiliated with the Guru Gobind Singh Indraprastha University. ACT NO. 9 OF 1998 THE INDRAPRASTHA VISHWAVIDYALAYA ACT, 1998 AN ACT To establish and incorporate an affiliating and teaching University at Delhi to facilitate and promote studies, research and extension work in emerging areas of higher education with focus on professional education, for example engineering, technology, management studies, medicine, pharmacy, nursing, education, law, etc., and also to achieve excellence in these and connected fields and other matters connected therewith or incidental thereto. BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the forty-ninth year of the Republic of India as follows:- (As amended by the Indraprastha Vishwavidyalaya (Second Amendment) Act, 1999.) (1) This Act may be called the Guru Gobind Singh Indraprastha University Act, 1998. (2) It shall come into force on such date as the Government may, by notification in the official Gazettee, appoint. 2. In this Act, unless the context otherwise requires, - (a) "Academic Council" means the Academic Council of the University ; (b) "academic.....
List Judgments citing this sectionFinance (No. 2) Act, 1998 Section 110
Title: Insertion of New Chapter V
State: Central
Year: 1998
.....Central Excise Tariff Act, 1985. (2) Where any excisable goods, books of account, other documents have been seized under the provisions of this Act or rules made thereunder, the assessee shall not be entitled to make an application under sub-section (1), before the expiry of one hundred and eighty days from the date of the seizure. (3) Every application made under sub-section (1) shall be accompanied by such fees as may be prescribed. (4) An application made under sub-section (1) shall not be allowed to be withdrawn by the applicant. 32F. Procedure on receipt of an application under section 32E. (1) On receipt of an application under sub-section (1) of section 32E, the Settlement Commission shall call for a report from the Commissioner of Central Excise having jurisdiction and on the basis of the materials contained in such report and having regard to the nature and circumstances of the case or the complexity of the investigation involved therein, the Settlement Commission may, allow the application to be proceeded with or reject the application: Provided that an application shall not be rejected under this sub-section, unless an opportunity has been given to the.....
View Complete Act List Judgments citing this sectionFinance (No. 2) Act, 1998 Chapter V
Title: Indirect Taxes
State: Central
Year: 1998
.....unless the context otherwise requires,-- (a) "Bench" means a Bench of the Settlement Commission; (b) "case" means any proceeding under this Act or any other Act for the levy, assessment and collection of customs duty, or any preceding by way of appeal or revision in connection with such levy, assessment or collection, which may be pending before a proper officer or the Central Government on the date on which an application under sub-section (1) of section 127B is made: Provided that where any appeal or application for revision has been preferred after the expiry of the period specified for the filing of such appeal or application of. revision under this Act and which has not been admitted, such appeal or revision shall be deemed to be a proceeding pending within the meaning of this clause; (c) "Chairman" means the Chairman of the Settlement Commission; (d) "Commissioner (Investigation)" means an officer of the customs or a Central Excise Officer appointed as such Commissioner to conduct inquiry or investigation for the purposes of this Chapter; (e) "Member" means a Member of the Settlement Commission and includes the Chairman and the Vice-Chairman; (f).....
View Complete Act List Judgments citing this sectionFinance (No. 2) Act, 1998 Chapter III
Title: Direct Taxes
State: Central
Year: 1998
.....sold or otherwise transferred by the assessee to Government, a local authority, a corporation established by or under a Central, State of Provincial Act or a Government company as defined in section 617 of the Companies Act, 1956; or (ii) where the sale or transfer of the asset is made in connection with the succession of a firm by a company in the business or profession carried on by the firm as a result of which the firm sells or otherwise transfers to the company any asset and the scheme or the deposit scheme continues to apply to the company in the manner applicable to the firm. Explanation.-- The provisions of clause (ii) of the proviso shall apply only where-- (i) all the properties of the firm relating to the business or profession immediately before the succession become the properties of the company; (ii) all the liabilities of the firm relating to the business or profession immediately before the succession become the liabilities of the company; and (iii) all the shareholders of the company were partners of the firm immediately before the succession. (9) The Central Government may, if it considers necessary or expedient so to do, by notification in the.....
View Complete Act List Judgments citing this sectionElectricity Regulatory Commissions Act, 1998 [Repealed] Repealing Act 1
Title: Electricity Act, 2003
State: Central
Year: 1998
.....scheme for the development of any river in any region is in operation, the State Government and the generating company shall co-ordinate their activities with the activities of the persons responsible for such scheme insofar as they are inter-related. 9. Captive generation (1) Notwithstanding anything contained in this Act, a person may construct, maintain or operate a captive generating plant and dedicated transmission lines: PROVIDED that the supply of electricity from the captive generating plant through the grid shall be regulated in the same manner as the generating station of a generating company. (2) Every person, who has constructed a captive generating plant and maintains and operates such plant, shall have the right to open access for the purposes of carrying electricity from his captive generating plant to the destination of his use: PROVIDED that such open access shall be subject to availability of adequate transmission facility and such availability of transmission facility shall be determined by the Central Transmission Utility or the State Transmission Utility, as the case may be: PROVIDED FURTHER that any dispute regarding the availability of.....
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