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Gurcharan Singh Vs. Directorate of Revenue Intelligence

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Customs Act, 1962 - Sections 2, 2(33), 2(41), 8, 11, 13, 50, 76, 77, 104, 111, 113, 123, 132, 135, 135(1), 135B, 136 and 136(1); Customs (Amendment) Act, 2003; Finance Act, 2003 - Sections 109; Foreign Exchange Regulation Act, 1973 - Sections 14, 14(1), 15 and 18; Code of Criminal Procedure (CrPC) - Sections 482; Finance (No. 2) Act, 1991; Foreign Trade (Development and Regulation) Rules, 1993 - Rule 11

Reported in : 2008(1)ALD(Cri)968; 2008CriLJ2238; 2008(128)ECC5; 2008(154)LC5(SC); 2008(224)ELT497(SC); JT2008(4)SC383; 2008(4)SCALE403; 2008AIRSCW2280; 2008(2)AICLR821; 2008(3)Supreme28

Notification had been issued by the Central Government in terms of Section 18 of the Foreign Exchange Regulation Act, 1973 viz-a-viz Section 14 thereof providing for valuation of goods for the purposes of assessment, it was held:16. The … entry of goods which was even otherwise covered. It is in that contingency that Section 109 of the Finance Act, 2003 provided:109. In Section 113 of the Customs Act, -(a) in Clauses (c), (e), (f), (g) and (h),

Commercial Tax Officer and Others Vs. M/S. Biswanath Jhunjhunwala and ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Bengal Finance (Sales Tax) Act, 1941 - Sections 26; Bengal Sales Tax Rules, 1941 - Rule 80(5); Bengal Sales Tax Ordinance, 1973; Bengal Finance (Sales Tax) (Third Amendment) Act, 1974; Finance Act, 1956 - Sections 18 and 35; Income-tax Act, 1961 - Sections 297(2); Indian Income-tax (Amendment) Act, 1953 - Secttion 19

Reported in : 1996VIAD(SC)616; AIR1997SC357; JT1996(7)SC600; 1996(6)SCALE211; (1996)5SCC626; [1996]Supp5SCR286; MANU/SC/0097/1997

In the case of S.S. Gadgil, this Court said, and the passages are self-explanatory :Section 18 of the Finance Act, 1956, is, it is common ground, not given retrospective operation before April 1, 1956. The question then is, … been made or the order has been passed more than four years previously.3. The Bengal Sales Tax Ordinance, 1973, substituted Sub-section (i) of Section 26 of the Act. As substituted, Sub-section (i) of Section 26 read thus

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

Court : Kerala

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 … was placed on the decision of the 'Bombay High Court in CIT v. N.M. Raiji [1949] 17 ITR 180. There, the assessee was a partner in the firm of S.B. Billimoria & Co. from 1928. The partnership

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Subject : CompanyCriminal

Acts : Income Tax Act, 1961 - Sections 232(3), 232(3)(1), 276B, 276C, 277, 278 and 278B; Indian Penal Code (Amendment) Bill, 1972; Finance (No. 2) Act, 2004 - Sections 35HA(3); Wealth Tax Act, 1957; Indian Penal Code (IPC) - Sections 7, 11, 62, 417 and 420; Foreign Exchange Regulation Act, 1973 - Sections 56(1); Monopolies and Restricted Trade Practices Act, 1969 - Sections 48A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235; Monopolies and Restricted Trade Practices (Amendment) Act, 1984 ; Foreign Exchange Regulation Act, 1973 - Sections 13, 19(1), 44(2), 18(1), 18A, 50, 51, 56, 57 and 58; Companies Act, 1956; Suppression of Immoral Traffic in Women & Girls Act, 1956 - Sections 3(1); Prevention of Food Adulteration (Amendment) Act No. 34 of 1976; Employees Provident Fund Act; Genera

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457; (2005) 4 SCC 530

was promptly amended by Parliament by insertion of sub-section (3) by the Finance (No. 2) Act, 2004 w.e.f. 1.10.2004. The inserted sub-section (3) reads as … challenging various notices issued to them under Section 50 read with Section 51 of the Foreign Exchange Regulation Act, 1973 (for short, the FERA Act) and contended that the appellant company was not liable to be prosecuted for … contravenes any of the provisions of this Act (other than Section 13, clause (a) of sub-section (1) of section 18, Section 18A, clause (a) of sub-section (1) of section 19, sub- section (2) of section 44 and sections

Kanayalal Bhagnani Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : MRTP

Reported in : (1983)LC2054DTri(Kol.)kata

a valid permission granted by the Reserve Bank of India under Section 113 of the Foreign Exchange Regulation Act, 1973, and the relevant Notification issued thereunder and, therefore, the seized goods were liable to be confiscated under Sections … involvement. In this letter the Assistant Collector said amongst other things that the appellant herein was indulging in financing smuggling of textile goods from India to Bangladesh and medicines like Tetracycline and Vitamin B2 from Bangladesh to … truck which was intercepted by the B.S.F. Patrol Party on 17.7.1981.4. On 18.8.1981, on the basis of certain documents seized from the premises of M/s.

Commissioner of Income Tax Vs. Kissan Friends, Ice Factory and Cold St ...

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (1998)144CTR(P& H)48

the Court was whether the assessee-company was an industrial company for the purpose of s. 2(7)(c) of the Finance Act, 1973 and the First Schedule thereto. The expression 'industrial company' was defined under s. 2(7)(c) of the aforesaid Act, … understood in the context as meaning bringing into existence a new and distinct commercial commodity and, therefore, that section could not be invoked by the assessee as the operation of a cold storage plant did not result

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … Brussels on 22 January 1972 and the introduction of ACT in April 1973. Their arguments are directed in part to issues of domestic law. But … the system of advance corporation tax ("ACT") and to the taxation of dividend income from non-resident sources under section 18 (Schedule D, Case V) of the Income and Corporation Taxes Act 1988 ("the ICTA") ("the DV provisions"). The

Mannalal Soorana Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1983)4ITD131(Delhi)

tax Act. In this case the Voluntary Disclosure was made by the assessee under Section 68 of the Finance Act, 1965. The income concealed in this disclosure was for the assessment years 1959-60 to 1964-65. The income disclosed … 1. The assessee's appeals relating to the assessment years 1973-74 to 1975-76 against the orders of the Commissioner, Jaipur, were disposed of by the Tribunal vide its order … of the Commissioner (Appeals) was sustained upholding the penalties levied under Section 18(1)(c) of the Wealth-tax Act, 1957 ('the Act'), for each of the three

Baldevdas R. Raheja Vs. the Union of India (Uoi)

Court : Mumbai

Subject : Company

Reported in : (1977)79BOMLR581

made in the said application and after obtaining their report on May 18, 1973 issued a show cause notice (exh. F to the petition) to … general meeting of respondent No. 7 company held on May 11, 1973 and that they were entitled to act as Directors of respondent No. 7 company.2. The short facts leading to this petition may be stated as … loan from the Industrial Credit and Investment Corporation of India Ltd., which would require to raise substantial additional finances and that the said project was of vital importance to' the economy of the country. It quoted a … 1970, one hundred shareholders of the Chinai group filed a petition under Section 250 of the Companies Act, 1956, to freeze the voting rights of

New Excelsior theatre Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 33(4) and (5) and 34(3); Finance Act, 1974 - Sections 16

Reported in : [1994]210ITR570(Bom)

The claim was made under section 33(4) of the Income-tax Act, 1961, read with section 16(c) of the Finance Act, 1974. This claim has been disallowed by the Tribunal. Hence, at the instance of the assessees, the following … placed an order for machinery and other equipment prior to December 1, 1973. The machinery so ordered consisted, inter alia, of a projector of the … this express requirement, we cannot import the ratio of the judgment of the Gujarat High Court into this section. 18. In the premises, the question which is before us is answered in the affirmative and in favour of