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Mirza Ramza Ali Vs. Commissioner, Prohibition and Excise and anr.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Andhra Pradesh Prohibition Act, 1995 - Sections 13(2); Motor Vehicles Act, 1988 - Sections 51(2), 51(5) and 51(5); Hire Purchase Act, 1972

Reported in : 2003(3)ALD700; 2003(3)ALT562; 2003CriLJ3613

ORDERV.V.S. Rao, J.1. The petitioner claims to be Branch Manager of M/s. Sri Ram Transport Finance Ltd., ('financier' for brevity). The financier appears to have given a loan to one Ch. Sarada ('hirer' for … (5) of Section 51 of the M.V. Act. The position is not different even in the Hire Purchase Act, 1972.14. By reason of clauses in the agreement, a financier is deemed to be the owner only for the

Commissioner of Income Tax Vs. Kerala State Financial Enterprises Ltd. ...

Court : Kerala

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2(7); Finance (No. 2) Act, 1991; Reserve Bank of India Act, 1934 - Sections 42(IB); Motor Vehicles Act, 1988 - Sections 51(1); Hire Purchase Act, 1972; Income Tax Act - Sections 194A

Reported in : (2008)220CTR(Ker)286

'finance charges' collected by respondent-companies under hire-purchase agreements attract tax under the Interest-tax Act, 1974 as amended by Finance (No. 2) Act of 1991. According to the Revenue, 'finance charges' collected by the respondents for vehicle financing … is really a hire-purchase under the Act. The Tribunal heavily relied on the provisions of the Hire Purchase Act 1972 and took the view that transaction of hire-purchase is not 'loan or advance' as defined under Section 2(7) … the nature of transaction between the respondents and the vehicle owners. Section 51(1) of the Motor Vehicles Act mandates that the registering authority shall enter

Commissioner of Income-tax Vs. Muthoot Leasing and Finance Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Interest-tax Act, 1974 - Sections 2(7); Finance (No. 2) Act of 1991; Reserve Bank of India Act, 1934 - Sections 42(IB); Motor Vehicles Act, 1988 - Sections 51(1); Hire Purchase Act, 1972; Income Tax Act - Sections 194A

Reported in : [2009]181TAXMAN197(Ker)

charges' collected by respondent-companies under hire purchase agreements attract tax under the Interest-tax Act, 1974 as amended by Finance (No. 2) Act of 1991. According to the revenue, 'finance charges' collected by the respondents for vehicle financing … really a hire purchase under the Act. The Tribunal heavily relied on the provisions of the Hire Purchase Act, 1972 and took the view that transaction of hire purchase is not 'loan or advance' as defined under Section … the nature of transaction between the respondents and the vehicle owners. Section 51(1) of the Motor Vehicles Act mandates that the registering authority shall enter

Ceakay Rubber Industries Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1983)LC687DTri(Delhi)

ELT 578 = 1983 ECR 504D. He further pointed out that after the amendment brought about by the Finance Act, 1982 by virtue of Section 51 thereof, retrospectively in the Central Excises and Salt Act, 1944 with effect … in such cases nor was there any time limit in this rule during the relevant period 1968 to 1972 and as such, he rejected the appeal.8. In the revision petition before the Central Government, the appellant reiterated

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

Subject : Service Tax

226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in … and the property in them does not pass as movables In the Associated Hotels of India case (AIR 1972 SC 1131), the Supreme Court held that there is no sale involved in the supply of food or … Court in Ballal Auto Agency v. Union of India 2015 (40) S.T.R. 51 (Kar) which negatived the challenge to the validity of Section 65 (105)

Barkha Investmnt and Trading Co. Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 14, 28, 40A, 40A(1), 40A(8), 51, 56, 256(1), 260(1) and 263; Finance Act, 1975; Companies Act, 1956 - Sections 620A; Income Tax Act, 1922 - Sections 10, 12, 23A and 66(1); Banking Regulation Act, 1949; Reserve Bank of India Act, 1934 - Sections 45I, 45J, 45K, 45L and 45Q; Hire-Purchase Act, 1972 - Sections 2; Industrial Development Bank of India Act, 1964 - Sections 2

Reported in : (2006)200CTR(Guj)342; [2006]281ITR316(Guj)

Banking Regulation Act, 1949 (10 of 1999), applies and includes any bank or banking institution referred to in section 51 of that Act;(b) x x x x x x x(c) 'financial company' means-- (i) a hire-purchase finance company, … to the history of Section 40A(8) of the Act at the time of introduction in the statute by Finance Act, 1975 it was held that the intention of the legislature can be truly ascertained after taking into account … to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the Hire-Purchase Act, 1972 (26 of 1972);(iv) the carrying on of any class of insurance business;(v) managing,conductingor supervising, as foreman, agent or

GoodwIn Rubber Works Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1983)LC504DTri(Delhi)

from the date of commencement of the Act itself, namely 1-3-1944 by virtue of Section 51 of the Finance Act, 1982 with the result that the position as now stands, the goods produced, cured or manufactured in a … Excise Rules, 1944 was not sustainable for the reason that during the period under reference, namely, 1968 to 1972, there was no built-in limitation in Rule 9(2) nor even by implication nor Clause (1) of Rule 9

M/s.muthoot Leasing And Finance Ltd. Rep. By Its Managing Director Vs. ...

Court : Supreme Court of India

Subject : Direct Taxation

wherein in the context of levy of service tax by Section 65(105)(zm) read with section 65(12) of the Finance Act, 1994, as amended, banking and financial services were brought to tax. In the context of the said enactment, … advances that is chargeable to interest tax.6. The ITAT had also relied on the provisions of The Hire-Purchase Act, 1972, which, in our opinion, is palpably wrong as the said enactment was never enforced and was subsequently repealed … the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in Section 51 of that Act); (ii) a public financial institution as defined in Section 4- A of the Companies Act,

A.P. State Financial Corporation Vs. State of A.P. and ors.

Court : Andhra Pradesh

Subject : Banking

Acts : State Financial Corporations Act, 1951 - Sections 46B; Andhra Pradesh Forest Act, 1967 - Sections 44(2C)

Reported in : AIR2004AP78; 2004(1)ALD62; 2004(2)ALT191; II(2004)BC158; [2004]54SCL418(AP)

TATA 1210A bearing registration No. AP 26T 2115 in their favour, for the purchase of which they provided finance to respondent No. 4.3. Heard the learned Standing Counsel for the Corporation and the learned Government Pleader for … is repaid. The learned single Judge having considered the said question in the light of the provisions of Section 51(5) of the A.P. Prohibition Act, 1955 held thus:A reading of Sub-section (5) of Section 51 further makes it … Act. The position is not different even in the Hire Purchase Act, 1972.11. In the instant case, it is not the case of the petitioner

State of Maharashtra (Forest Department) Vs. Suraj Pal

Court : Mumbai Nagpur

Subject : Land Acquisition

offence punishable under Section 51 read with Sections 9,39, 44, 49B and 52 of the Wild Life (Protection) Act, 1972 against several accused persons including the non-applicant. The main allegation against the non-applicant is that he is a … facie involvement of the applicant in the offences registered against him. The material indicates that the applicant had financed the operation for poaching of tigers in Maharashtra including one tiger poached in Melghat forest situated in Amravati