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Swedish Match Ab and anr. Vs. Securities and Exchange Board, India and ...

Court : Supreme Court of India

Subject : Company

Acts : Security and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Regulations 2, 2(2), 3, 7, 10, 11, 11(1), 12, 14, 15, 16, 20, 22(3), 44, 45 and 45(6); ;Constitution of India - Article 142; ;Essential Commodities Prices and Stocks (Display and Control) Order, 1967; Companies Act, 1956 - Sections 81(1)(A); Security and Exchange Board of India Act, 1992 - Sections 4(3), 11, 11A, 11B, 11B(3), 11B(4), 15A, 15H, 15I, 15T, 15Z, 24 and 30; Security and Exchange Board of India Ordinance, 1992; Code of Civil Procedure (CPC) - Order 41, Rule 33; Finance Act, 1975

Reported in : AIR2004SC4219; IV(2004)BC211; [2004]122CompCas83(SC); (2004)4CompLJ25(SC); JT2004(7)SC94; 2004(7)SCALE158; (2004)11SCC641; [2004]54SCL549(SC)

a tax avoidance case concerning capital transfer tax, the Court of Appeal were called on to construe the Finance Act 1975 Sch 5 para 6(7) as originally enacted. Counsel for the Inland Revenue put forward several alternative arguments on … direction has been issued by the Board, the penalties specified in Regulation 44 including (a) criminal prosecution under Section 24 of the Act; (b) monetary penalty under Section 15H of the Act and (c) directions under the provisions

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : 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

Reported in : 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 … and the provisions contained therein for a proper appreciation of the contention raised by the writ petitioners. Articles 245 to 255 of the Constitution of India deal with legislative powers of the Union and the States. Entries

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

have been concealed or inaccurate particulars have been furnished.'Section 271(1)(c) of the Act has been further amended by Finance Act, 2002, by which Clause (iii) and Expln. 4 has been modified. After the amendment section reads as follows … the order of the Tribunal. Section 271(1)(c) of the Act immediately prior to amendment by Taxation Laws (Amendment) Act, 1975, reads as follows :'(1) If the ITO or the AAC in the course of any proceedings under this

Mahindra Ugine Steel Co. Ltd. Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Customs

Reported in : 1986(10)ECC354

of 1.5th March, 1976 however, certain entries in the Customs Tariff were amended under the provisions of the Finance Act, 1976.3. As a result of this amendment a new item 63(30) was substituted for the previous item 63(30). … per cent ad valorem on the consignments under heading 63(8) of the First Schedule to the Customs Tariff Act, 1975 read with a notification dated 1st March, 1968 as amended by notification No. GSR 882 dated 29th May, … charged the full duty payable under tariff item 1SE. The learned single Judge relied upon the provisions of Section 24 of the General Clauses Act, 1897 and held that the old exemption notification continued to apply to the

Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (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 … p.163] clarified that only reimbursement in excess of Rs. 5,000 was includible. However, Circular No. 445 dated 31-12-1985-[1986] 24 Taxman (St.) 111 exempted all expenditure in a recognised public hospital in India.66. We may further observe that

Commissioner of Wealth-tax Vs. Girdhari Lal

Court : Delhi

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 68, 68(1) and 68(3); Wealth Tax Act, 1957 - Sections 2; Income Tax Act, 1961; Income Tax Act, 1922

Reported in : [1975]99ITR79(Delhi)

Matched in: Citation [1975]99ITR79(Delhi)

State of Kerala and ors. Vs. M/S. Travancore Chemicals and Manufacturi ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Constitution of India - Article 14, 226; Delhi Sales Tax Act, 1975 - Sections 23, 24 and 49; Bengal Finance (Sales Tax) Act, 1941; Kerala General Sales Tax Act, 1963 - Sections 17, 34, 36, 37, 38. 39, 40 and 59A

Reported in : 1998VIIIAD(SC)381; AIR1999SC230; JT1998(7)SC558; 1998(6)SCALE119; (1998)8SCC188; [1998]Supp2SCR651; [1999]112STC191(SC)

from any order already passed under this Act or under the Bengal Finance (Sales Tax) Act, 1941, as then in force in Delhi, no such … the power but such power is not unbridled. For example Under Section 49 of the Delhi Sales Tax Act, 1975, power has been given to the Commissioner of Sales Tax to determine certain disputed questions. The said section … a court, or before the Commissioner has commenced assessment or reassessment or a dealer Under Section 23 or Section 24, whether for the purposes of this Act.-(a) any person, society, club or association or any firm or any

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 14, 14(1), 14(2), 15, 16(5), 18, 18(1), 35B and 36(1)

1965. Thereafter, penalty was levied under Section 18(1)(a)(i) of the Act as amended by Section 24 of the Finance Act of 1969 (hereinafter called the '1969 Amendment').5. The assessee appealed to the AAC of Wealth-tax. The AAC held … appeal, the Tribunal levied the penalty in the manner as mentioned above in Wealth-tax Reference No. 5 of 1975.12. Mr. J. P. Bhattacharjee, learned counsel appearing for the assessee, submits that the 'offence' is for non-submission of

T. K. Roy Vs. Commissioner of Wealth-tax. S. Karam Singh V. Commission ...

Court : Guwahati

Subject : Direct Taxation

1965. Thereafter, penalty was levied under section 18(1)(a)(i) of the Act as amended by section 24 of the Finance Act of 1969 (hereinafter called the "1969 Amendment").The assessee appealed to the AAC of the Wealth-tax. The AAC held … appeal, the Tribunal levied the penalty in the manner as mentioned above in Wealth-tax Reference No. 5 of 1975.Mr. J. P. Bhattacharjee, learned counsel appearing for the assessee, submits that the "offence" is for non-submission of the

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 14, 14(1), 14(2), 15, 16(5), 18, 18(1), 35B and 36(1)

1965. Thereafter, penalty was levied under Section 18(1)(a)(i) of the Act as amended by Section 24 of the Finance Act of 1969 (hereinafter called the '1969 Amendment').5. The assessee appealed to the AAC of Wealth-tax. The AAC held … appeal, the Tribunal levied the penalty in the manner as mentioned above in Wealth-tax Reference No. 5 of 1975.12. Mr. J. P. Bhattacharjee, learned counsel appearing for the assessee, submits that the 'offence' is for non-submission of