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Apeejay (P) Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Contract

Acts : Constitution of India - Article 226; ;Foreign Exchange Regulation Act, 1973 - Section 29 and 29(2)

Reported in : AIR1978Cal577,[1979]49CompCas602(Cal),82CWN712

any person or company except with the general or special permission of the Reserve Bank of India, under Section 29 of the Foreign Exchange Regulation Act, 1973. There is also a proviso to Sub-section (2) (c) of Section … and 2 and affirmed by Joti Prasad Mukherji, Director (Investment), Ministry of Finance (Department of Economic Affairs). In that affidavit it is stated that the … shall have been obtained from the Government of India pursuant to the provisions of the Foreign Exchange Regulation Act, 1973 and any other applicable laws, rules or regulations of India, and such approval shall be and remain in

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Subject : Excise

Acts : Limitation Act, 1963 - Sections 3, 4, 5, 24 and 29(2); ;Central Excise Act, 1944 - Sections 35G, 35G(1), 35G(3), 35H and 35(1); ;Finance Act, 1999 - Sections 35H; ;Foreign Exchange Regulation Act, 1973 - Section 54; ;Foreign Exchange Management Act, 1999 - Sections 35, 112, 128 and 130A; ;Income Tax Act - Sections 256 and 256(2); ;Customs Act, 1962 - Section 130(3); ;Wealth Tax Act, 1957 - Sections 35H and 27(2); ;Limitation Act, 1908 - Sections 3, 5 and 5(9); ;Representation of Peoples Act, 1951 - Sections 81, 82, 86 and 117; ;Uttar Pradesh Sales Tax Act, 1948 - Section 10; ;Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996 - Section 34; ;Andhra Pradesh (Telan-gana areas) Tenancy and Agricultural Lands Act, 1950; ;Code of Civil Procedure (CPC) - Section 151

Reported in : 2005(188)ELT8(Cal)

Section 35H of the Central Excise Act, 1944 and points out that this Section 35H was inserted by Finance Act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided … the statute dealing with Revenue Laws operating in the Revenue field.7.2 Section 54 of the Foreign Exchange Regulation Act, 1973 while providing for appeal to the High Court prescribed that an appeal should not be entertained if filed … impliedly excluded the application of the Limitation Act, as contemplated in Section 29(2) of the Limitation Act.1.2 He had also pointed out that the jurisdiction

National thermal Power Corporation Ltd. Vs. Spectrum Power Generation ...

Court : Delhi

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1; Specific Relief Act, 1963 - Sections 14; Foreign Exchange Regulation Act, 1973 - Sections 19(1)

Reported in : 1998IAD(Delhi)141; 69(1997)DLT652

request you to kindly fax a letter addressed to the Ministry of Finance, Department of Economic Affairs, New Delhi stating that your Company, one of … to have interest free loan as advance share subscription from Overseas Corporate Bodies under the Foreign Exchange Regulations Act, 1973. This was in response to the letter dated 22.6.1994, already referred to. The Spgl had shown the remittance … on 12.12.1989. The scheme was to be considered for accord of techno-economic clearance of Cea after compliance of Section 29 of the E (5) Act, 1948, by National Thermal Power Corporation Ltd., which has since been done.'On 15.10.1990

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Subject : SICABanking

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

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 … follow procedure laid down in Chapter IV. Chapter V relates to `Recovery of debt determined by the Tribunal'. Section 29 declares that the provisions of the Second and Third Schedules of the Income Tax Act, 1961 will apply … was the predecessor of the Stressed Assets Stabilisation Fund (`SASF' for short), financed the project undertaken by the Company by way of foreign currency loan

Commissioner of Income-tax Vs. Chandrakant M. Tolia

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 68, 143(3), 147, 271, 271(1), 274(1), 274(2), 275, 297 and 297(2)

Reported in : (1991)96CTR(Mad)117; [1992]195ITR593(Mad)

concealment in the present case should be levied under section 271(1)(c) read with the Explanation introduced by the Finance Act, 1964. 11. According to learned counsel for the assessee, the Explanation to section 271(1)(c) would not be applicable … that law prevailing on the date when the return was filed. The reassessment were completed on March 22, 1973, and hence the law prevailing on that date should be made applicable in this case. In other words, … 1964. The Supreme Court decided Anwar Ali's case : [1970]76ITR696(SC) on April 29, 1970, i.e., six years after the introduction of the Explanation. Therefore, it

Alkali and Chemical Corporation of India Limited Vs. Union of India (U ...

Court : Kolkata

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 3(1) and 4; ;Sea Customs Act, 1878 - Sections 29 and 30 ; ;Central Excise Rules, 1944 - Rule 173C; ;Constitution of India - Article 226; ;Finance Act, 1973

Reported in : 1979(4)ELT57(Cal)

value has to be determined in the manner contemplated by Clause (b) of Section 4 of the Act. Section 29 and Section 30 of the Sea Customs Act, 1878 which contained similar provisions provided as follows : -

Putzmeister Concrete Pumps Gmbh and Anr vs Union of India and Ors

Court : Delhi

Subject : MRTP

power or authority to give ex-post facto permission under Section 29 (1) (b) of the Foreign Exchange Regulation Act, 1973 for the purchase of shares in India by a company not incorporated in India or whether such permission … no.2-Union of Respondent no.2 has been arrayed through Secretary, LPA 1185/2024 Page 3 of 71 India Ministry of Finance, Department of Economic Affairs, FIPB Unit, North Block, New Delhi.5. Respondent no.3-The Reserve Bank of India6. Respondent no.4-Directorate

Mr. Mohanrao Pandamudi Vs. Government of Tamil Nadu Represented by Com ...

Court : Chennai

Subject : Civil

Reported in : (1995)2MLJ577

Actually, the procedure seems to be that, we constitute a committee with your representative, our representative and the Finance Department's representative to arrive at the figure and the purpose of your calculation and for preparing the project … Department, Central Office, Bombay on Form, ISD (in duplicate) for permission under Section 19(1)(d) of Foreign Exchange Regulation Act, 1973 for issue of shares to Non-residents of Indian Nationality/origin or to overseas corporate bodies predominantly owned by such … G.O.Ms. 474. Pursuant to that, the Managing Director issued the order on 29.12.1986 which reads, thus: In the Government Order first referred to, orders were

Asis Kumar Maity and Others Vs. State of West Bengal and Others

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 14 to 18, 29, 46, 162, 226, 309, 340 and 342;; West Bengal Medicial and Dental Colleges (Regulation and Admission) Act, 1973;; West Bengal Medical and Dental Colleges (Regulation and Admission) (Amendment) Act, 1977;; Finance Act, 1963 - Section 4;; Constitution (First Amendment) Act, 1951

Reported in : AIR1995Cal160

he considered whether by saying that the new definition of 'Tax Recovery Officer' substituted by S.4 of the Finance Act, 1963 'shall be and shall be deemed always to have been substituted' it could be said that by … the attention of this Court to the provisions of West Bengal Medical and Dental Colleges (Regulation and Admission) Act, 1973 (West Bengal Act No. 36 of 1973) as also to West Bengal Medical and Dental Colleges (Regulation and … of Article 15 of the Constitution is to bring Articles 15 and 29 in line with Articles 16(4), 46 and 340 of the Constitution, and … The exercise of the power under sub-clause (ii) of clause (44) of Section 2 of the Act is more of an executive than a legislative

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9, 11, 11A and 35F; Finance Act, 2003 - Sections 154 and 154(3); Finance Act, 1982 - Sections 51; Haryana General Sales Tax Act, 1973 - Sections 39 and 39(5); Small Causes Courts Act - Sections 17; Court-fees Act - Sections 6; Customs Act; Central Excise Rules, 1944 - Rules 8(1), 9 and 49; Code of Civil Procedure (CPC) - Order 41, Rule 1; Constitution of India - Articles 14, 19(1) and 226

8.7.1999..The Union of India preferred SLP (c) No. 4131-34/2003 against the judgment in writ appeal.14.5.2003 : By the Finance Act, 2003, the benefit of Notification No. 32/1999 dated 8.7.1999, withdrawn from its inception viz. from 8.7.1999 to 28.2.2001 … STC 285 (State of Haryana v. Maruti Udyog Ltd.). Referring to Section 39 of Haryana General Sales Tax Act, 1973 under which also as in the instant case the assessee is required to deposit the tax assessed towards … B.K. Sharma, J.1. The first writ petition, being WP(C) No. 2921/2004 was heard at length during motion hearing. Although the learned counsel for