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Oct 13 2015

Amit Hemendra Jhaveri Vs. Union of India

Court : Mumbai

Decided on : Oct-13-2015

Subject : Direct Taxation

from it's benefits because prosecution under Chapter IX or XVII of the Indian Penal Code, Foreign Exchange Regulation Act, 1973, Terrorists And Disruptive Activities (Prevention) Act, 1987, Prevention of Corruption Act, 1988, Narcotic Drugs and Psychotropic Substance Act, … for the Assessment Years 1994-95 and 1995-96, were pending before the Commissioner of Income Tax (Appeals). 4. The Finance Act, 1998 introduced the KVSS, 1998 with effect from 1 September, 1998 providing for settlement of tax disputes pending … (b) viz. Constitutionality of Section 95 of the KVSS, 1998. Factual Background:â” 3. The petitioner filed his return of income for the Assessment Year 1993-94

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Aug 16 2004

G.T. Cold Storage and Ice Factory Vs. Commissioner of Income Tax

Court : Allahabad

Decided on : Aug-16-2004

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 40, 80HH, 80J and 80J(4)

Reported in : (2004)191CTR(All)264; [2005]275ITR340(All)

for holding that the stored articles have undergone a 'process' within the meaning of Section 2(7) of the Finance Act, 1973, and therefore, running of a cold storage was not an industrial company.'8. Section 80HH of the Act provides … can he be employed by his firm, for, a man cannot be his own employer. The provisions in Chapter III in this view of the matter, of the Partnership Act, amply define and delineate the duties, obligations … the asst. yr. 1976-77 which has been registered as IT Ref. No. 31 of 1982 and the other for the asst. yrs. 1977-78 and 1978-79

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Dec 14 1980

Union of India Vs. the Triveni Engineering Works Ltd.

Court : Delhi

Decided on : Dec-14-1980

Subject : MRTP

Acts : Monopolies and Restrictive Trade Practices Act - Sections 2

Reported in : 20(1981)DLT255

balance sheet of holding company and have a value and are even pledged by the companies to secure finance. This however, does not prevent the subsidiary company from having assets out of the money paid by way … is no change in this position under Section 64(1)(b) read with Section 67(2)(b) of the U.K. Fair Trading Act, 1973 which has repealed the Monopolies and Mergers Act, 1965. Similarly the Commerce Act of 1975 of Newzealand Section … an undertaking under Section 26 of the Act for the applicability of Chapter Iii, Part A of the Act which aims at preventing concentration of … under the same management in terms of Clause (c) read with Section 370(IB)(ii) of the Companies Act on the ground that the majority of the

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Mar 03 2011

Creative Home Fashions Limited Vs. Union of India and Others

Court : Delhi

Decided on : Mar-03-2011

Subject : Constitution

Acts : Constitution of India - Articles 226, 14; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Section 17(2); Income-tax Act, 1961 - Section 72A

the observations of this Court in respect of Section 129 prior to substitution of Chapter XV by the Finance Act, 1980 in Navin Chandra Chhotelal v. Central Board of Excise & Customs and Ors., 1981 (8) ELT 679 … effect notwithstanding anything inconsistent therewith contained in any other law except the provisions of the Foreign Exchange Regulation Act, 1973 (46 of 1973) and the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) for the time … suit which remedy is ordinarily available but for the bar under Section 34 of the Act in the present case. We may refer to a

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Jan 22 1982

Commissioner of Income-tax, Coimbatore Vs. Nachimuthu Industrial Assoc ...

Court : Chennai

Decided on : Jan-22-1982

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 12, 13(1) and 13(2) and 109(11)

Reported in : (1982)31CTR(Mad)50; [1982]138ITR585(Mad)

the extent to which such income is applied to such purposes. Section 12, prior to the amendment by Finance Act, 1972, with effect from 1973, reads as follows : '12. (1) Any income of a trust for charitable … of the Income-tax Act, 1961 ?' 7. The relevant provisions of the statute may be now set out. Chapter III of the Act deals with incomes which do not form part of the total income. Section 11 … of case. The assessee retired from the different partnerships prior to December 31, 1970. On the date the assessee retired from the partnership firms, the

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Jul 27 2022

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Decided on : Jul-27-2022

Subject : Land Acquisition

twin conditions. The second situation is said to be even more damaging given that the substitution by the Finance Act, 2018 is targeted only to this classification of Part-A of the Schedule, since the Court in the reported … under Section 160. The same distinction is absent under the PMLA. Further, Chapter XII of the Cr.P.C. is not being followed by the ED and, … NO(S). 9360 OF2018 SPECIAL LEAVE PETITION (CRIMINAL) NO............OF2022(@ DIARY NO(S). 9365 OF2018 3 SPECIAL LEAVE PETITION (CRIMINAL) NO............OF2022(@ DIARY NO(S). 17000 OF2018 SPECIAL LEAVE PETITION … 20136, the Prevention of Corruption Act, 19887, the Indian Penal Code, 18608 and the Code of Criminal Procedure, 19739 which are also under challenge. However, we are confining ourselves only with challenge to the provisions of PMLA.

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Jul 23 2004

Gujarat State Khadi Gramodyog Board Vs. Gujarat State Khadi Gramodyog ...

Court : Gujarat

Decided on : Jul-23-2004

Subject : Labour and Industrial

Acts : Bombay Khadi and Village Industries Act, 1960 - Sections 2, 3, 4, 7(3), 16, 17, 17(2), 18, 19, 20, 21, 22, 24, 25, 30(1) and 30(2); Bombay Khadi and Village Industries Rules, 1966; Bombay Khadi and Village Industries Regulation, 1965; The Gujarat Civil Service [Conduct] Rules, 1971; Gujarat Civil Service [Discipline and Appeal] Rules, 1971 - Sections 4(2); Bombay Civil Services Rules, 1959; Gujarat State Khadi Gramodyog Board Gujarat State Service [Revision of Pay] Rules, 1998; Bombay Khadi and Village Industries Rules, 1958; Gujarat Rajya Khadi Gramodyog Board Officers and Servants [Conditions of Service] Regulations, 1973 - Regulations 2(5) and 5(2); Bombay Civil Service Rules, 1958; Revised Pension Rules, 1950; State Government and the Family Pension Rules, 1972; Gujarat Rajy

Reported in : (2005)1GLR24

the preparation and submissions of programme. Whereas in Chapter V of the Act, various provisions are made for finances, accounts, audit and debts of the Board. Miscellaneous provisions are made in Chapter VI for the purpose of … notified known as, Gujarat Rajya Khadi Gramodyog Board Officers and Servants [ Conditions of Service ] Regulations of 1973. The said Regulation governed the terms and conditions of the personnel of the Board. The employees of the … virtue of the Notification issued in the official gazette, pursuant to Section 3 of the Act, constituted the Board. The Board, thus, in existence, is

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Apr 30 1986

Andhra Pradesh State Financial Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-30-1986

Subject : Direct Taxation

Reported in : (1986)18ITD515(Hyd.)

financial corporations and he drew our attention in particular to the latest amendment to Section 36(1)(viii) by the Finance Act, 1985, wherein it has been clarified that the deduction is to be made without making any deduction under … income' is oldest in conception and definitely older than the recent concept of gross total income found in Chapter VI-A. It has been well understood by all concerned and common sense meaning should not be substituted. (d) … point in dispute is as regards the quantum of deduction under Section 36(1)(viii) of the Income-tax Act, 1961 ('the Act')- The assessee, Andhra Pradesh State

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Apr 04 1979

K.J. Joseph and ors. Vs. Income-tax Officer, a Ward

Court : Kerala

Decided on : Apr-04-1979

Subject : Direct Taxation

Acts : Finance Act, 1974 - Sections 2(2), 2(6), 2(7) and 2(8); Constitution of India; Income Tax Act - Sections 4, 10(1), 66 and 110; Finance Act, 1973

Reported in : [1980]121ITR178(Ker)

petitions attack the constitutional validity of Section 2(6), 2(7)(e) and Part IV of the 1st Schedule of the Finance Act, 1973 ; and also Sections 2(2), 2(7)(b)(ii), 2(8)(e) and Part IV of the Finance Act, 1974. Section 2(6) and … or Sub-section (2) of Section 176 of the said Act or in computing the 'advance tax' payable under Chapter XVII-C of the said Act, at the rate or rates in force,-- (a) the net agricultural income shall … provisions should highlight the scope of the attack mounted by the petitioners. 3. The petitioners have alleged in these writ petitions that if the two

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Sep 01 2016

Ebiz.Com Pvt. Ltd. Vs. Union of India and Others

Court : Delhi

Decided on : Sep-01-2016

Subject : Service Tax

on 19th and 21st January 2016 by the DGCEI are illegal and ultra vires the provisions of the Finance Act, 1994 ( FA ). Respondent No. 3 was impleaded pursuant to the order dated 28th January, 2016 passed … included officers exercisingpowers under the Customs Act, 1962 the Central Excise Act, 1944 and the Foreign Exchange Regulation Act, 1973 ( FERA ) nowreplaced by the Foreign Exchange Management Act, 1999 ( FEMA )as well. It observed: "30. … 'suppression of facts' or 'contravention of any of the provisions of this Chapter or of the rules made thereunder with an intent to evade payment

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