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Indian Farmers Fertilizers Co-operative Ltd., Ahmedabad Vs. Union of I ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 25(1); Indian Tariff Act, 1934 - Sections 2, 12 and 26; Finance Act, 1974 - Sections 19; Bombay Cooperative Societies Act

Reported in : 2000(67)ECC202; 2000LC1(SC); 2000(115)ELT11(SC); (2000)4GLR753; JT1999(10)SC1; 1999(7)SCALE478; (2000)2SCC107; 2000(1)LC407(SC)

28(16) which prescribed a standard rate and preferential rate of duty for phosphoric acid.4. Section 19 of the Finance Act, 1974 has made a provision for levy of auxiliary duty on goods covered by the First Schedule to the

Ram Swarup Kaushal Vs. Union of India (Uoi) and anr.

Court : Allahabad

Subject : Direct Taxation

Acts : Constitution of India - Articles 14, 15 and 19(1); ;Finance Act, 1974; Hindu Gains of Learning Act, 1930; Hind Law; Income Tax Act

Reported in : [1983]139ITR887(All); [1981]6TAXMAN174(All)

to lay down rates for computing income-tax and surcharge which were uniformly applicable to all assessees. However, the Finance Act, 1974, laid down two different sets of rates mentioned in sub-para. I and sub-para. II of Pt. A to … association of persons or body of individuals, whether incorporated or not and every artificial person referred to in Section 2(31)(viii) of the Income-tax Act, sub-para. II laid down the rates applicable to an HUF which at any … H.N. Seth, J. 1. For the assessment year 1974-75, petitioner, R.S. Kaushal, was assessed to income-tax in the capacity of an

Amrit Lal Seth Vs. Union of India and anr.

Court : Delhi

Subject : CriminalCustoms

Acts : Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1); Constitution of India - Article 22(5); Customs Act, 1962 - Sections 111

Reported in : AIR1987Delhi340; 28(1985)DLT396

complaint in that regard was sent to the Directorate of Revenue Intelligence. Communications were sent to Hon'ble the Finance Minister as well as to the Secretary, Delhi Administration, Delhi regarding denial of interview to an Advocate with … of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to preventing him from smuggling goods and abetting the smuggling of goods. The petitioner challenges … Seth has been detained by virtue of an order dated July 21, 1984 passed by an Additional Secretary to the Government of India in exercise

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two … amongst others, answered the issue as to whether 9A of the Maharastra Restoration of Lands to Schedule Tribes Act, 1974, which barred advocates from appearing for any party in any proceeding under the said Act before the Commissioner, … by insertion of Sub-section (6) to Section 129 of the Customs Act, 1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced

Indian Farmers Fertilizer Co-operative Ltd. Vs. Union of India

Court : Gujarat

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 14, 25 and 25(1)

Reported in : 1991(34)ECC64; 1991(54)ELT38(Guj); (1991)1GLR336

Tariff Act, 1934, as is in excess of 30 per cent ad valorem.' 4. Section 19 of the Finance Act, 1974 has made provision for the levy of auxiliary duty on goods covered by the First Schedule to the

The Commissioner of Income Tax and anr. Vs. CanfIn Homes Limited

Court : Karnataka

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2(5), 2(7), 5, 8(2), 19 and 26C; Finance Act, 1991; Constitution of Indian - Articles 265 and 366(28)

Reported in : ILR2008KAR3153; 2008(4)KCCR2320; 2008(4)AIRKarR541; AIR2008NOC2337(DB)

It was re-introduced yet again in the year 1991, by virtue of Finance (No. 2) Act, 1991 (hereinafter referred to as 'the 1991 Act' for … hence dismissed. The questions of law are answered in favour of the assessee and against the Revenue. Interest Act, 1974 - Section 26C--Collection of 'Additional Interest' by the Assessee from its customers in respect of loans advanced--Finding of the Commissioner, … 19.3.1999. The chargeable interest declared was accepted.3. However, the Commissioner of Income tax, in exercise of power under Section 19 of the Act, proceeded to hold, after hearing the assessee, by an order dated 17.8.2000 that a sum

Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.

Court : Mumbai

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2, 2(5), 2(7), 3(1), 3(1C), 3(2), 4, 4(1), 4(2), 5, 6, 6(2), 7, 9, 9(1), 10, 10A, 18, 21, 26C, 28 and 119; Income-tax Act, 1961 - Sections 2(7A), 2(24), 2(28A), 2(45), 4, 5, 5A, 14, 15, 16, 24, 40, 43D, 44, 44AD, 44D, 115J, 116, 119 and 147; Companies Act, 1956 - Sections 4A; Finance Act, 1991; State Financial Corporations Act; Finance Act, 1988; Hotel Receipts Tax Act, 1980; Finance Act, 1980; Unit Trust of India Act, 1963 - Sections 9(2),19(1)(3), 19(3), 21, 22 to 25B, 25B(1) and 25B(2), 32, 32(1) and 52; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 2000; Unite Trust of India (Amendment) Act, 1966 - Sections 2(1); Wealth Tax Act, 1957; Super Profit-tax Act, 1963; Companies (Profit) Surtax Act, 1964; Rent Control Act; Public Premises

Reported in : 2001(3)BomCR673; 2002(1)MhLj301

empowered to specify any other Institution, as it may think fit, to be a public Financial Institution. The Finance Act (No. 2) of 1991 came into force on and from 1st October 1991. Therefore, upto 1st October, 1991 … arise for determination in the aforesaid two Writ Petitions. A. Whether the interest tax under the Interest Tax Act, 1974 is a tax on income and, if so, whether interest accruing to UTI from loans advanced by it … Writ Petitions. A. Whether the interest tax under the Interest Tax Act, 1974 is a tax on income and, if so, whether interest accruing to … to UTI from loans advanced by it stands exempted in view of Section 22 of the UTI Act, 1963? B. If the answer to question

State Bank of India Vs. Hegde and Golay Limited

Court : Karnataka

Subject : CompanyCivil

Acts : Company Act, 1956 - Sections 433, 439(1), 439(2), 439(9) and 529; Code of Civil Procedure (CPC) , 1908 - Order 2, Rule 2

Reported in : ILR1987KAR2364

Rs 15 lakhs under the cash credit account Nos. 1, 2 and 3. Since KSFC had agreed to finance the project requirement including 100% of the foreign exchange content of the ancillary units' capital goods, the Bank's … by shares. It became a public Limited Company with effect from 27/6/ 1974 by virtue, of the provisions of Section 43A of the Act. Its … they then were, held that debt shown in the balance sheet is an acknowledgment within the meaning of Section 19 of the Limitation Act and in order to be so, the Balance Sheet in which such an acknowledgment

Core Health Care Ltd. Vs. Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

by the learned Accountant Member.Further, I find that the aforesaid provision came into force in the statute by Finance Act, 1986, with retrospective effect from 1st April, 1974. Admittedly, that provision was not in existence while Hon'ble Supreme … a textile mill. In order to expand its spinning capacity and to renovate and modernise some of the sections of the mill, the assessee negotiated to import machineries from abroad. It was held that additional liability in … the assessee and the other by the Revenue relating to asst. yr. 1992-93 are taken up together and disposed of by a common order for

All India Federation of Tax Practitioners and ors. and Indian Institut ...

Court : Mumbai

Subject : Service Tax

Acts : Finance (No. 2) Act, 1998 - Sections 68 and 116; Constitution of India - Articles 14, 19, 19(1) and 246(1); Service Tax Rules, 1994 - Rule 6 and 6(3)

Reported in : (2001)168CTR(Bom)24; [2002]256ITR401(Bom)

same to the Central Government under Section 68 of the Act. The service tax was introduced by the Finance Act, 1994. The ambit of the Act was widened by the Finance (No. 2) Act of 1998 substituting Section … Western India Theatres Ltd. v. Cantonment Board, : AIR1959SC582 ; Kamta Prasad Aggarwal v. Executive Officer, Ballabgarh, AIR 1974 SC 685 and R. R. Engg. Co. v. Zila Parishad, Bareilly, : [1980]3SCR1 . We shall discuss these … constitutional validity of Section 116 of the Finance (No. 2) Act of 1998. The Act envisages service tax at the rate of 5 per cent.