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Dharmodayam Company Vs. Union of India (Uoi)
Kerala
May-31-2005
Civil
Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002
AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332
constitutional validity of Sub-section 1(a) to Section 4 of the Kerala Chitties Act, 1975 introduced by the Kerala Finance Act, 2002 (Act 7 of 2002) with effect from 1.4.2002 as beyond the legislative competence of the State Legislature … for failure to keep such books. Section 220 deals with the preparation and filing of balance sheet. Sections 21 and 22 provide for the liability of the foreman and his withdrawal from the chitty. Section 23 to
Tag this Judgment! AI Brief & AskTonira Pharma Ltd. Vs. Commissioner of C. Ex.
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Nov-01-2006
Service Tax
of introduction of Sub-section (2A) in Section 9A of the Customs Tariff Act. JA.1 Section 118 of the Finance Act, 2001 introduced Sub-section (2A) to Section 9A in Customs Tariff Act, 1975 which is reproduced below: (2A) Notwithstanding … 159A would not apply to Anti-Dumping Duty levied by notification issued under Section 9A(1) of the Customs Tariff Act, 1975. Section 159A applies to any rule, regulations, notifications or order made or issued under the Customs Act. L.A.3 Also, … the demand is based on temporary statute namely Notification No. 104/2000-Cus. dated 21-7-2000 which has expired without any saving clause. L.1 By the impugned order
Tag this Judgment! AI Brief & AskOlga Tellis and ors. Vs. Bombay Municipal Corporation and ors.
Supreme Court of India
Jul-10-1985
Constitution
Constitution of India - Articles 14, 15, 16, 19, 19(1), 21, 22, 25, 29, 32, 37, 39 and 41; Indian Penal Code (IPC) - 1860- Sections 441
AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51; MANU/SC/0039/1985
that the legislature of Maharashtra had passed the Maharashtra Vacant Land (Prohibition of unauthorised Occupation and Summary Eviction) Act, 1975 in pursuance of which the Government had decided to compile a list of slums which were required to … without being offered alternative accommodation. They rely for their rights on Article 21 of the Constitution which guarantees that no person shall be deprived of … the matter of housing, according to Ms. Tellis' affidavit, Government has not put to the best use the finances and resources available to it. There is a wide gap between the demand and supply in the area … Constitution. The petitioners also ask for a declaration that the provisions of Sections 312, 313 and 314 of the Bombay Municipal Corporation Act, 1888 are
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Hotel and Allied Trades (P.) Ltd. Vs. Commissioner of Income-tax
Kerala
Feb-15-1996
Direct Taxation
Income Tax Act, 1961 - Sections 271 and 271(1)
[1996]221ITR619(Ker)
assessment years in question. Section 271(1)(c) read with the Explanation as it stood after the amendment by the Finance Act, 1964, with effect from April 1, 1964, the relevant portion reads as follows :'271. Failure to furnish returns, … On reference of the aforesaid question to this court in Income-tax References Nos. 76, 77 and 78 of 1975 by judgment dated November 11, 1977, this court after due consideration of the entire matter answered the question … of penalty. That is the effect of the provision.'28. Again at page 21 of the report, the Supreme Court after considering the decision of the
Tag this Judgment! AI Brief & AskIn Re: Dhv Consultants Bv
Authority for Advance Rulings
Jul-15-2005
Direct Taxation
(2005)197CTRAAR105
Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A, 115A(1), 115A(3), 206C and 245Q(1); Finance Act, 1975; Income Tax Act, 1922 In Re: Stanley Keith Kinnett, (1999) 238 ITR 155 (AAR); Karamat Khan v.CIT, (1965) … K.D. Singh and A.S. Narang, Members For Appellant/Petitioner/Plaintiff: Sohrab Dastur and Niraj Sheth, Advs.Income Tax Act, 1961 - Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A, 115A(1), 115A(3), 206C and 245Q(1); Finance … and Anr. etc. etc.v. A. Sanyasi Rao and Ors. etc. etc., (1996) 219 ITR 330 (SC); CIT v.Sir S.M. Chitnavis, (1932) 2 Comp Cas 464
Tag this Judgment! AI Brief & AskAssistant Commissioner of Income Vs. Apsara Processors (P) Ltd.
Income Tax Appellate Tribunal ITAT Ahmedabad
Dec-27-2004
Direct Taxation
(2005)92TTJ(Ahd.)645
is loss having regard to the amendment made by the Taxation Laws (Amendment) Act, 1975, and by the Finance Act, 2002 ?" 2. The facts which are common in all the cases are that all the assessees have … has referred the following question for the consideration of Special Bench : "Whether penalty can be levied Under Section 271(1)(c) in cases where the assessed income is loss having regard to the amendment made by the Taxation
Tag this Judgment! AI Brief & AskUnion of India Vs. M/S g.s. Chatha Rice Mills
Supreme Court of India
Sep-23-2020
Land Acquisition
of Section 17 and Section 46 have undergone legislative changes by Act 8 of 2011 and by the Finance Act of 2018. By Act 8 of 2011, Section 17 was substituted and Section 46 was amended to provide … 2019. On 16 February 2019, the Union Government issued a notification under Section 8A of the Customs Tariff Act 1975. The notification introduced a tariff entry by which all goods originating in or exported from the Islamic Republic … shall not apply to baggage and goods imported by post.” (emphasis supplied) 21 PART F17Section 12 specifies that the rates of duty on goods imported
Tag this Judgment! AI Brief & AskGlaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer
Income Tax Appellate Tribunal ITAT Mumbai
May-30-1986
Direct Taxation
(1986)18ITD226(Mum.)
the assessee a chance to arrange its affairs. It was admitted that Section 40A(8) was introduced by the Finance Act, 1975 with effect from the assessment year 1976-77, thus, giving one year's advance notice, still it was claimed that … 599 where the Supreme Court approved the following observations of Craies on Statute Law, Sixth edn. at p. 213 : ...An interpretation Clause which extends the meaning of a word does not take away its ordinary meaning.
Tag this Judgment! AI Brief & AskShri Ramlinga Mills Private Ltd. and ors. Vs. Assistant Collector of C ...
Kerala
Mar-01-1982
Customs
Customs Tariff Act, 1975; Finance Act, 1976 - Sections 32(1); Customs Act, 1962 - Sections 2(11), 2(12), 2(13) 2(23), 2(27), 2(28), 7, 12, 15, 15(1) 25, 30, 46, 68 and 111; Indian Tariff Act, 1934 - Sections 2A; Territorial Waters, Continental Shelf, exclusive Economic Zone and other Maritime Zones Act, 1976 - Sections 5; Customs Act, 1878 - Sections 20(2); Constitution of India - Article 246
1989(22)LC36(Kerala); 1983(12)ELT65(Ker)
is subjected to duty under various fiscal measures. The Customs Tariff Act, 1975 (Act 51 of 1975), the Finance Act of 1976 are some of the relevant enactments. The levy is made, assessed and collected under the provisions … collected under the provisions of the aforesaid enactments read with the Customs Act, 1962 (Act 52 of 1962).6. Section 25 of the Customs Act confers power on the Government in public interest to exempt by notifications in … earlier. On that expectation, the Bill of Entry was submitted even on 21-12-1978, indicating the date of arrival of the vessel at Cochin as 25-12-1978.
Tag this Judgment! AI Brief & AskShri Ramakrishna Mills Ltd. and ors. Vs. Assistant Collector of Custom ...
Kerala
May-26-1986
Customs
1988(18)ECC75
is subjected to duty under various fiscal measures. The Customs Tariff Act, 1975 (Act 51 of 1975), the Finance Act of 1976 are some of the relevant enactments. The levy is made, assessed and, collected under the provisions … collected under the provisions of the aforesaid enactments read with the Customs Act, 1962 (Act 52 of 1962).6. Section 25 of the Customs Act confers power on the Government in public interest to exempt by notifications in … earlier. On that expectation, the bill of entry was submitted even on 21-12-1978, indicating the date of arrival of the vessel at Cochin as 25-12-1978.
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