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Finance Act 2007 Section 86

Title : Amendment of Section 22d

State : Central

Year : 2007

In section 22D of the Wealth-tax Act -- (i) for sub-section (1), the following sub-section shall be substituted with effect from the 1st day of June, 2007, namely:-- "(1) On receipt of an application under section 22C, the Settlement Commission shall, within seven days from the date of receipt of the application, issue a notice to the applicant requiring him to explain as to why the application made by him be allowed to be proceeded with, and on hearing the applicant, the Settlement Commission shall, within a period of fourteen days from the date of the application, by an order in writing, reject the application or allow the application to be proceeded with: Provided that where no order has been passed within the aforesaid period by the Settlement Commission, the application shall..... View Complete Act      List Judgments citing this section

Finance Act 2007 Section 90

Title : Amendment of Section 22h

State : Central

Year : 2007

In section 22H of the Wealth-tax Act, in sub-section (1), after the proviso, the following proviso shall be inserted with effect from the 1st day of June, 2007, namely:-- "Provided further that the Settlement Commission shall not grant immunity from prosecution for any offence under the Indian Penal Code(45 of 1860) or under any Central Act other than this Act and the Income-tax Act, 1961(43 of 1961) to a person who makes an application under section 22C on or after the 1st day of June, 2007.". View Complete Act      List Judgments citing this section

Finance Act 2007 Section 93

Title : Insertion of New Section 42d

State : Central

Year : 2007

After section 42C of the Wealth-tax Act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1975, namely:-- "42D. Presumption as to assets, books of account, etc.-- Where any books of account or other documents, articles or things including money are found in the possession or control of any person in the course of a search under section 37A, it may, in any proceeding under this Act, be presumed that-- (i) such books of account or other documents, articles or things including money belong to such person; (ii) the contents of such books of account or other documents are true; and (iii) the signature and every other part of such books of account or other documents which purport to be in the handwriting of..... View Complete Act      List Judgments citing this section

Finance Act 2007 Section 95

Title : Substitution of New Section for Section 14

State : Central

Year : 2007

For section 14 of the Customs Act, the following section shall be substituted with effect from such date1 as the Central Government may, by notification in the Official Gazette, appoint, namely:-- '14. Valuation of goods.-- (1) For the purposes of the Customs Tariff Act, 1975(51 of 1975), or any other law for the time being in force, the value of the imported goods and export goods shall be the transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold for export to India for delivery at the time and place of importation, or as the case may be, for export from India for delivery at the time and place of exportation, where the buyer and seller of the goods are not related and price is the sole consideration for the sale subject to such..... View Complete Act      List Judgments citing this section

Finance Act 2007 Section 100

Title : Amendment of Section 127a

State : Central

Year : 2007

In section 127A of the Customs Act, with effect from the 1st day of June, 2007, for clause (b), the following clause shall be substituted, namely:-- '(b) "case" means any proceeding under this Act or any other Act for the levy, assessment and collection of customs duty, pending before an adjudicating authority on the date on which an application under sub-section (1) of section 127B is made: Provided that when any proceeding is referred back in any appeal or revision, as the case may be, by any court, Appellate Tribunal or any other authority, to the adjudicating authority for a fresh adjudication or decision, as the case may be, then such proceeding shall not be deemed to be a proceeding pending within the meaning of this clause;'. View Complete Act      List Judgments citing this section

Finance Act 2007 Section 110

Title : Amendment of Section 129

State : Central

Year : 2007

In section 129 of the Customs Act, after sub-section (5), the following sub-section shall be inserted, namely:-- "(6) On ceasing to hold office, the President, Vice-President or other Member shall not be entitled to appear, act or plead before the Appellate Tribunal.". View Complete Act      List Judgments citing this section

Finance Act 2007 Section 119

Title : Amendment of Section 31

State : Central

Year : 2007

In section 31 of the Central Excise Act, with effect from the 1st day of June, 2007, for clause (c), the following clause shall be substituted, namely:-- '(c) "case" means any proceeding under this Act or any other Act for the levy, assessment and collection of excise duty, pending before an adjudicating authority on the date on which an application under sub-section (1) of section 32E is made: Provided that when any proceeding is referred back in any appeal or revision, as the case may be, by any court, Appellate Tribunal or any other authority, to the adjudicating authority for a fresh adjudication or decision, as the case may be, then such proceeding shall not be deemed to be a proceeding pending within the meaning of this clause;'. View Complete Act      List Judgments citing this section

Finance Act 2007 Section 120

Title : Amendment of Section 32a

State : Central

Year : 2007

In section 32A of the Central Excise Act, after the proviso to sub-section (6), the following proviso shall be inserted, namely:-- "Provided further that at any stage of the hearing of any such case or matter, referred to in the first proviso, the Chairman may, if he thinks that the case or matter is of such a nature that it ought to be heard by a Bench consisting of three Members, constitute such Bench and if Vice-Chairman is not one of the Members, the senior among the Members shall act as the presiding officer of such Bench.". View Complete Act      List Judgments citing this section

Finance Act 2007 Section 130

Title : Amendment of Section 35e

State : Central

Year : 2007

In section 35E of the Central Excise Act,-- (i) for sub-section (3), the following sub-section shall be substituted, namely:-- "(3) The Committee of Chief Commissioners of Central Excise or the Commissioner of Central Excise, as the case may be, shall make order under sub-section (1) or sub-section (2) within a period of three months from the date of communication of the decision or order of the adjudicating authority."; (ii) in sub-section (4), for the words "three months", the words "one month" shall be substituted. View Complete Act      List Judgments citing this section

Finance Act 2007 Section 131

Title : Amendment of Section 35f

State : Central

Year : 2007

In section 35F of the Central Excise Act, after the second proviso, the following Explanation shall be inserted, namely:-- 'Explanation.--For the purposes of this section "duty demanded" shall include,-- (i) amount determined under section 11D; (ii) amount of erroneous CENVAT credit taken; (iii) amount payable under rule 57CC of Central Excise Rules, 1944; (iv) amount payable under rule 6 of CENVAT Credit Rules, 2001 or CENVAT Credit Rules, 2002 or CENVAT Credit Rules, 2004; (v) interest payable under the provisions of this Act or the rules made thereunder.'. View Complete Act      List Judgments citing this section


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