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Sep 07 1983

V.N. Swaminathan Vs. Commissioner of Income-tax, Tamil Nadu-iii

Court : Chennai

Decided on : Sep-07-1983

Subject : Direct Taxation

Acts : Voluntary Disclosure of Income and Wealth Tax Act, 1976; Wealth Tax Act, 1957 - Sections 14, 14(5), 15(1) and 15(5A); Finance Act, 1977

Reported in : [1984]150ITR375(Mad)

assessment year, then, notwithstanding anything contained in the Indian I.T.Act, 1922, or the I.T.Act, 1961, or in any Finance Act, the income-tax shall be charged in respect of the income so declared voluntarily at the rage or rates … 5. As already stated, the petitioner had submitted returns voluntarily under the Voluntary Disclosure of Income and Wealth Act., 1976 (Central Act 8 of 1976) Section 3 of that Act provides that where any person makes on or … interest, chose to file the present writ petition challenging the said demand mainly on three grounds : (i) Section 15 of the Act dealing with the voluntary disclosure of wealth does not contemplate the payment of interest on

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Sep 06 1986

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

Court : Mumbai

Decided on : Sep-06-1986

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). Under … duty. But if the goods are subject to duty when they are imported, the rate of duty under Section 15 of the Customs Act, will be the rate prevailing (inter alia) on the date when a bill of

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May 24 1979

Indian Aluminum Company Ltd. and anr. Vs. Union of India (Uoi) and ors ...

Court : Delhi

Decided on : May-24-1979

Subject : Excise

Acts : Companies Act, 1956; Essential Commodities Act, 1955 - Sections 3; Central Excise Act, 1944 - Sections 4; Finance Act, 1976 - Sections 36, 36(1) and 36(5); Finance Act, 1977; Finance (No. 2) Act, 1977; Central Excise Rules, 1944 - Rules 8, 8(1), 52A, 56A and 173G(2); Constitution of India - Article 226; Aluminum (Control) Order, 1970

Reported in : 1993(12)ELT349(Del)

Aluminum.4. By Clause 36 of the Finance Bill, 1976, which was later replaced by Section 36 of the Finance Act, 1976, an auxiliary duty of excise equal to 20 per cent of the value of the goods as determined … was '30 per cent ad valorem plus Rs. 2,000/- per metric tonne.' By Notification No. 164/75-C.E., dated July 15, 1975 as amended by Notification No. 49/76-C.E., dated March 16, 1976 under Rule 8(1) of the Central Excise

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May 21 2012

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

Decided on : May-21-2012

Subject : Service Tax

1. Constitutional validity of the Kerala Tax on Luxuries Act 1976 (herein after referred to as the ‘KTL Act’), particularly Sections 4, 10, 15 and 16 forms the majo0r … and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in

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Aug 26 2014

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … Rules, read with Section 73 of the Act; (ii) penalty should not be imposed under provisions of Rule 15(1) of the Credit Rules on account of Cenvat Credit wrongly taken and utilized; (iii) penalty should not be

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Mar 01 1982

Shri Ramlinga Mills Private Ltd. and ors. Vs. Assistant Collector of C ...

Court : Kerala

Decided on : Mar-01-1982

Subject : Customs

Acts : 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

Reported in : 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 … of the Act deals with notified Ports. Section 12, which has been characterised as the charging section and Section 15 which has special significance having regard to the submission of the Bill of Entry in these cases, may

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Aug 22 2007

Jayanti Food Processing (P) Ltd. Vs. Commissioner of Central Excise, R ...

Court : Supreme Court of India

Decided on : Aug-22-2007

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2A, 2(17), 3(2), 4, 4A, 4A(1), 4A(2) and 6; Standards of Weights and Measures Act, 1976 - Sections 2, 83 and 83(2); Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Rules 1(3), 2, 2A, 3, 6, 6(1), 15, 16, 17, 23(1), 23(2), 29 and 34; Finance Act, 1997 - Sections 4A and 82; Central Excise Tariff Act, 1985

Reported in : 2007(121)ECC1; JT2007(10)SC327; (2007)8SCC34; [2007]10STT375; 2007(2)LC1002(SC)

Section 4A more particularly Sub-sections (1) and (2) thereof. Section 4A was added by Section 82 of the Finance Act, 1997 (Act 26 of 1997) which amendment was with effect from 14.5.1997. Section 4A, as it originally stood, … Excise Act, 1944 (hereinafter referred to as 'the Act') and the provisions of Standards of Weights & Measures Act, 1976 (hereinafter referred to as 'the SWM Act') as also the Standards of Weights & Measures (Packaged Commodities) Rules, … V.S. Sirpurkar, J.1. This judgment will dispose of in all 15 appeals. They can be classified in two groups. Two appeals are filed

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Jan 30 1985

Y.D. Nanje Gowda Vs. Union of India and anr.

Court : Karnataka

Decided on : Jan-30-1985

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; Income Tax Act, 1961 - Sections 64; Finance Act, 1974 - Sections 14; Finance (Amendment) Act, 1976 - Sections 27; Constitution of India - Article 14

Reported in : ILR1985KAR955; [1985]152ITR618(KAR); [1985]152ITR618(Karn)

has challenged Item No. 2 of Part I of the First Schedule to the Act introduced by the Finance Act of 1974 (Central Act No. 20 of 1974), as amended by the Finance Act of 1976 (Central Act … levy of wealth-tax on the net wealth on the corresponding valuation date of every individual, HUF and company. Section 3 of the Act which is the charging section provides for levy of tax on the net wealth … net wealthexceed Rs. 10,00,000 exceed Rs. 5,00,000;(c) where the net wealth Rs. 15,000 plus 3 per cent. of theexceed Rs. 10,00,000 but does not amount

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Jul 07 1981

Sundaram Textiles Ltd., Madurai Vs. Assistant Collector of Customs, Ma ...

Court : Chennai

Decided on : Jul-07-1981

Subject : Excise

Acts : Customs Act, 1962 - Sections 12, 15, 25, 46 and 68; Customs Tariff Act, 1975

Reported in : 1984(2)ECC265; 1983(13)ELT909(Mad); (1983)IIMLJ92

also further subject to Auxiliary duty of 20 per cent leviable under sub-section (1) of Section 32 of Finance Act, 1976 together with additional duty leviable under Section 3 of Customs Tariff Act. 4. By a notification No. 388 … the learned counsel that it is S. 92 of the Customs Act which is the charging section, while Section 15 will come into play only if a charge arises or in other words where the rate of duty

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Jun 04 1981

Commissioner of Income-tax Vs. Khem Chand Bahadur Chand

Court : Punjab and Haryana

Decided on : Jun-04-1981

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 37(1), 37(2), 37(2A) and 37(2B)

Reported in : [1981]131ITR336(P& H)

the nature of 'entertainment expenditure' after the 28th of February, 1970. It is true that, later, by the Finance Act, 1976, the stringent provisions of Sub-section (2B) were omitted with effect from April 1, 1977. The afore-noted legal history … as well. There also, its Parliament was similarly compelled to place curbs on indiscriminate business expenditure and that Section 15(5) of the Finance Act of 1965 was enacted in the following terms :'15. (5) For the purposes 'of

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