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Nov 10 1994

Vita Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Nov-10-1994

Subject : Direct Taxation

Acts : Finance Act, 1975 - Sections 2(8)

Reported in : (1995)123CTR(Bom)256; [1995]211ITR557(Bom)

of goods within the meaning of the definition of an industrial company under section 2(8) (c) of the Finance Act, 1975 ?' 2. The assessee is a private limited company. This reference pertains to the assessment year 1975-76, the … aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VI-A of the Income-tax Act) is not less than fifty-one per cent. of such total income.' 5. From … responsibility. The assessee was not responsible for the same in any manner. 3. In the course of assessment for the assessment year 1975-76, the assessee

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Dec 12 1985

Kanta Mehta Vs. Union of India and Others

Court : Delhi

Decided on : Dec-12-1985

Subject : Company

Acts : Reserve Bank of India Act, 1934 - Sections 45-I, 45J, 45K, 45L, 45M, 45S, 45S(1), 45S(2), 58A(1), 58A(7), 58A(8), 58B and 58B(5A); Banking Laws (Amendment) Act, 1983 - Sections 10; Constitution of India - Articles 14, 19, 19(1) and 246; Kerala Money Lenders Act; Banking Regulation Act, 1949 - Sections 5 and 8; Banking Regulation (Amendment) Act, 1956 - Sections 12; Banking Regulation (Amendment) Act, 1959 - Sections 17 and 18; Banking Regulation (Amendment) Act, 1968 - Sections 10A and 10A(5); Banking Regulation (Amendment) Act, 1984 - Sections 18, 21, 22(3), 24, 30 and 227; Banking Laws (Miscellaneous Provisions) Act, 1965; Companies Act, 1956 - Sections 58A; Companies (Acceptance of Deposits) Rules, 1975 - Rules 2 and 3; Companies (Acceptance of Deposits) (Amend

Reported in : [1987]62CompCas769(Delhi)

support the necessity for the impugned legislation. The suggestion was made that because of the failure of Sanchaita Finance Firm, resulting in ruination of a large number of depositors as reported in State of West Bengal v. … challenge the constitutional validity of Chapter II-C read with section 58B (5A) of the Reserve Bank of India Act, 1934, introduced by the Banking Laws (Amendment) Act, 1983 (Act 1 of 1984) (to be called 'the impugned … pursuance of this power, the Central Government has issued a notification in 1975 exempting all classes of financial companies as companies to which no provision … system and to regulate the deposit acceptance activities of such institutions, Chapter III-B was inserted in the Reserve Bank of India Act by the Banking

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Jan 28 1988

The Appraiser, Appraising Department (Group Ii), Madras Customs, Custo ...

Court : Chennai

Decided on : Jan-28-1988

Subject : Customs

Reported in : 1988(17)ECC119

in column (3) of the table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … one year from 1st of April of a year to the 31st March of the next year. The Finance Act relevant in this case is the Finance Act, 1983. Section 45 thereof provided for levy and collection of … writing and printing paper. The respondent registered a contract as per heading No. 84.66 of the Customs Tariff Act, 1975, and Project Imports (Registration of Contracts) Regulations, 1965 with the Custom House, Madras, for clearance of the goods … Counsel for the respondent places reliance on Commissioner of Income-tax, Bombay City III v. Belapur Sugar and Allied Industries Ltd. : [1983]141ITR404(Bom) , in support

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Sep 07 1987

Tamil Nadu Newsprint and Papers Limited Vs. the Appraiser, Appraising ...

Court : Chennai

Decided on : Sep-07-1987

Subject : Customs

Reported in : 1988(14)LC548(Madras)

in column (3) of the Table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … 25 of the Customs Act, 1962 (52 of 1962), read with Sub-clause (4) of clause 45 of the Finance Bill, 1983, which clause has by virtue of the declaration made in the Bill under the Provisional collection … under Heading No. or sub-heading No. , of Heading No. of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), specified in the corresponding entry in column (2) of the said table, when imported into … the First Schedule to Descriptionthe Customs Tariff Act, 1975. of goods--------------------------------------------------------------------------------1. 2. 3.--------------------------------------------------------------------------------1 ... ...2 ... ...3 ... ...4 ... ...5 ... ...6 ... ...7

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Sep 07 1987

Tamil Nadu Newsprint and Papers Ltd., Madras Vs. Appraiser, Madras Cus ...

Court : Chennai

Decided on : Sep-07-1987

Subject : Customs

Acts : Central Excise Act; Customs Tariff Act, 1975; Customs Act, 1962 - Sections 14, 25 and 25(1)

Reported in : 1988(15)ECC6; 1988(33)ELT22(Mad)

in Column (3) of the Table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … 25 of the Customs Act, 1962 (52 of 1962), read with sub-clause (4) of Clause 45 of the Finance Bill, 1983, which clause has by virtue of the declaration made in the Bill under the provisional collection … falling under Heading No. or sub-heading No. of Heading No. of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), specified in the corresponding entry in the Column (2) of the said Table, when imported … No. 84.6613. .. ..14. .. ..15. .. ..16. .. ..17. .. ..'------------------------------------------------------------------------ 3. Two salutary principles come to the aid of the petitioner to sustain

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Feb 11 1993

Agencia Geral (P.) Ltd. Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-11-1993

Subject : Direct Taxation

Reported in : (1993)45ITD243(Pune.)

ad hoc assessment contemplated by Section 172(4) has become meaningless in view of Section 44B inserted by the Finance Act, 1975 which provides that notwithstanding anything to the contrary contained in Sections 28 to 43A, profits of a non-resident … doubt, under Section 172 of the Income-tax Act, 1961 pertaining to shipping business of non-resident.This Section falls in Chapter XV of the Income-tax Act which provides for liability in special cases. Section 172(1) contains a non obstante … except where provisions to the contrary have been made in the Agreement. 3. Thus, where a Double Taxation Avoidance Agreement provides for a particular mode

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Aug 24 2005

Vikram Cement Vs. Commissioner of Central Excise, Indore

Court : Supreme Court of India

Decided on : Aug-24-2005

Subject : Excise

Acts : Central Excise Tariff Act, 1985 - Sections 4; Customs Tariff Act, 1975 - Sections 3; Central Excise Act, 1944 - Sections 3A; Income Tax Act, 1961 - Sections 32; Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 - Sections 3; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Mining Act; Factories Act; Cenvat Credit Rules, 2000 - Rules 52A, 49(1) and 173G(1); Cenvat Credit (Amendment) Rules, 2001 - Rules 2 and 57AA; Cenvat Credit (Amendment) Rules, 2002 - Rule 2; Central Excise Rules, 1944 - Rule 57A, 57A(4), 57B, 57B(1), 57AA, 57AB, 57AC, 57G, 57J, 57Q, 57Q(1), 57R, 57S, 57S(7), 57T and 57T(5); Central Excise Duties Drawback Rules, 1995 - Rule 12; Central Excise (Amendment) Rules, 2001 - Rule 4(3); Central Excise (Amendment) Rules,

Reported in : 2005(102)ECC121; 2005(187)ELT145(SC); JT2005(7)SC637; (2005)7SCC74

respect of which the exemption contained in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 214/86-Central Excises, dated the 25th March, 1986, has been availed of.(3) The credit under … allowing credit of any duty of excise or the additional duty under Section 3 of the Customs Tariff Act, 1975 (51 of 1975), as may be specified in the said notification (hereafter, in this section, referred to as … assessees are engaged in the manufacture of cement and clinker falling under chapter 25 of Central Excise Tariff Act, 1985. They use explosives, welding electrodes, … credit of any duty of excise or the additional duty under Section 3 of the Customs Tariff Act, 1975 (51 of 1975), as may be

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May 26 2003

Engee Industrial Services (P) Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Decided on : May-26-2003

Subject : Customs

Acts : Central Excise Tariff Act, 1985; Customs Tariff Act, 1975

Reported in : 2002LC531(Karnataka); 2004(164)ELT242(Kar)

claimed that on account of the ship-breaking industry, there is a substantial saving of electricity utilisation.3. The Union Finance Minister in his Budget Speech for the financial year 1993-1994, delivered on 27-2-1993, stated thus :'91. The ship-breaking … a vessel brought in by them for breaking up in terms of the provisions of the Custom Tariff Act, 1975, for short 'the Act'. A learned Single Judge of this Court, by the judgment under appeals, has held … the import of the said vessel claiming classification of the vessel under Chapter 89.08.00 of the Act read with Notification No. 74/93, dated 28-2-1993. The … the vessel at Mangalore Port under a Delivery Protocol dated 29-7-1993.4. On 3-8-1993, the appellant presented a Bill of Entry to the Customs Appraiser, Office

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Jul 13 1993

M/S. Shriram Chits and Investment (P.) Ltd. Vs. Union of India and Oth ...

Court : Supreme Court of India

Decided on : Jul-13-1993

Subject : Commercial

Acts : Chit Funds Act, 1982 - Sections 1(3), 2, 3, 4, 6(3), 9, 12, 13, 16, 17, 20, 21, 25, 48 and 81; Constitution of India - Article 19(1); Companies Act, 1956 - Sections 58A; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Pondicherry Chit Funds Act, 1966; All-India Chit Fund Act; Reserve Bank of India Act, 1934 - Sections 45I; Andhra Pradesh Chit Funds Act, 1971; Tamil Nadu Chit Funds Act, 1961; Kerala Chitties Act, 1975; Hyderabad Money Lenders Act - Sections 9(2); Banking Regulation Act, 1949; Companies (Acceptance of Deposits) Rules, 1975; Tamil Nadu Chit Funds Rules, 1984 - Rule 62

Reported in : AIR1993SC2063; [1994]79CompCas298(SC); (1994)2CompLJ430(SC); JT1993(4)SC399; 1993(3)SCALE125; 1993Supp(4)SCC226; [1993]Supp1SCR54

also be noticed.Chapter II of the Act deals with Registration of Chits, Commencement and conduct of Chit business. Chapter III deals with the Rights and Duties of Foreman. Chapter IV deals with the rights und duties of non-prized … submitted by some chit funds to the banking Commission, the foreman requires finance from banks as well as moneylenders and others private sources. Some companies … with interest was held not penal in nature in the case of kuri transaction under the Kerala Chitties Act, 1975. While upholding the transaction a Bench of this Court approved the decision of the earlier Full Bench decision

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Jan 28 1988

Appraiser, Madras Customs Vs. Tamil Nadu Newsprint Papers Ltd.

Court : Chennai

Decided on : Jan-28-1988

Subject : Customs

Acts : Customs Tariff Act, 1975; ;Central Excise Act; Central Excise Rules, 1944 - Rule 8(1); Customs Act, 1962 - Sections 25, 25(1) and 157

Reported in : 1988(36)ELT272(Mad)

in column (3) of the Table annexed hereto and falling within the Chapter of the First Schedule to the Customs Tariff Act, 1975 (51 of … only one year from 1st April of a year to the 31st March of the next year. The Finance Act relevant in this case is the Finance Act, 1983. Section 45 thereof provided for levy and collection of … writing and printing paper. The respondent registered a contract as per Heading No. 84.66 of the Customs Tariff Act, 1975, and Project Imports (Registration of Contracts) Regulations, 1965 with the Custom House, Madras, for clearance of the good … to duty under the Heading No. 84.66 of the Customs Tariff Act. 3. Section 2 of the Customs Tariff Act, provides for levy of duties

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