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Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...
Mumbai
Aug-07-2009
Direct Taxation
Income Tax Act, 1961 - Sections 245A, 245(2A), 245C, 245C(1), 245C(3), 245D, 245D(1), 245D(1A), 245D(2A), 245D(2B), 245D(2C), 245D(2D), 245D(4), 245D(4A), 245D(4A)(1), 45D(4A)(2A), 45D(4A)(2D), 245D(4A)(4), 245H, 245H(1), 245HA, 245HA(3), 245(I), 245(4), 246C, 245HA(1), 245HA(2), 245HA(3) and 254(2A); Finance Act, 2007; Finance Act, 2008 - Sections 273AA, 273AA(1), 273AA(3), 278AB, 278AB(1) and 278AB(3); Taxation Law (Amendment) Act, 1975; Wealth-tax Act; Right to Information Act (RTI); Central Excise Act - Sections 35C(2A); Income Tax Rules - Rule 3; Constitution of India - Articles 14 and 16; Indian Penal Code
2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
legality of the provisions of Section 245HA(1)(iv) and Section 245HA(3) of the Income Tax Act as inserted by Finance Act, 2007 (hereinafter referred to as F.A. 2007) with effect from 1st June, 2007 as being ultra vires and … was admitted by the Supreme Court. The Direct Tax Laws Committee in its final report submitted in September, 1978 further recommended that all restrictions on the powers of the Settlement Commission to entertain cases should be removed. … ultra vires and violative of Article 14 of the Constitution of India.2. Chapter XIX-A was inserted in the Act by Taxation Law Amendment Act, 1975
Tag this Judgment! AI Brief & AskAshoka and Company Vs. State of Bihar and ors.
Patna
Apr-06-1995
Sales Tax
to seize the items described in Annexure-2, in exercise of his power under Section 31(5)(a) of the Bihar Finance Act, 1981 (in short the Finance Act) and the order dated 5.10.94 (Annexure-6) passed under Section 33(5)(b) of the … a criminal or a civil court. 7. Shri Gadodia relying on Mewalal Kapildeo Prasad v. State of Bihar 1978 BBCJ 237 and Shiv Parwati Rice Mills v. Commissioner 1978 BBCJ 755 contended that in these cases the … challenge the order of confiscation under Section 6-A of the E.C. Act.8. Chapter XXI-C (Part V) of the Patna High Court Rules 1916 lays down
Tag this Judgment! AI Brief & AskAssistant Collector of Customs (imports) Vs. Sundaram Textiles
Chennai
Jul-17-1989
Customs
1990(25)ECC392; 1989(25)LC470(Madras); 1989(44)ELT464(Mad)
Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent leviable under Section 32(1) of the finance Act 1976, together with an additional duty leviable under Section 3 of the Customs Tariff Act 1976. However, by … Customs Tariff Act, the goods were subjected to a levy of 100 per cent basis import duty under Chapter 56 of the First Schedule of Customs Tariff Act, 1975, and an auxiliary duty of 20 per cent
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India Leather Corporation (P.) Ltd. Vs. Commissioner of Income-tax
Chennai
Feb-03-1989
Direct Taxation
Finance Act, 1970 - Sections 2(6); Income Tax Act, 1961 - Sections 80E, 147 and 256(1)
(1989)77CTR(Mad)18; [1989]179ITR170(Mad)
the assessee-company was not an industrial company within the meaning of clause 2(6)(c) of Chapter II of the Finance Act, 1970 ?' 2. The assessee is a private limited company and the assessment year we are concerned with
Tag this Judgment! AI Brief & AskMohd. Riyaz and anr. Vs. State of Bar Council and ors.
Madhya Pradesh
Feb-19-2008
ServiceCivil
2008(2)MPHT143
of 1963 Rules provides for different Committees namely the Executive Committee, the Enrolment Committee, the Disciplinary Committees, the Finance Committee, the Examination Committee, the Rules Committee, the Legislation or Reforms Committee and the Privileges Committee and is … (2) read with Sections 9, 10, 11, 12, 17, 21, 25 and 26 of the Advocates Act, 1961. Chapter I of 1963 Rules provides for different Committees namely the Executive Committee, the Enrolment Committee, the Disciplinary Committees, the
Tag this Judgment! AI Brief & AskDr. P. Nalla Thampy Terah Vs. Union of India (Uoi) and ors.
Supreme Court of India
May-08-1985
Election
Constitution of India - Articles 14 and 32; Representation of the People Act, 1951 - Sections 77, 77(1) and 77(3); Representation of the People (Amendment) Ordinance, 1974; Election Symbols (Reservation and Allotment) Order, 1968; Conduct of Elections Rules, 1961 - Rule 90
AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622
of the Expert Committee headed by Justice Sacher on 'Companies and Monopolies & Restrictive Trade Practices Acts' deals 1978, Chapter XIII, pages 99-104 extensively with the evils flowing out of the donations made to political parties by big … an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party should be able to secure an advantage over others … of Explanation 1 to Section 77(1) of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') which gives a carte blanche
Tag this Judgment! AI Brief & AskBangalore Turf Club Limited Vs. Union of India
Karnataka
Sep-26-2014
Education
be treated as “winnings from horse races”. 7.2. He further draws the attention of the Court to the Finance Act, 1978 whereunder Section 194BB was introduced to entail deduction of tax at source 30 specifically on “winnings from horse … circulars issued by the Department and then record my finding thereon. STATUTORY PROVISIONS OF INCOME TAX ACT, 1961: CHAPTER -I Definitions.2. In this Act, unless the context otherwise requires, - (24) “income” includes - winnings from “(ix) any
Tag this Judgment! AI Brief & AskBangalore Turf Club Ltd. Vs. Union of India
Karnataka
Sep-26-2014
Direct Taxation
be treated as "winnings from horse races". 7.2 He further draws the attention of the Court to the Finance Act, 1978 whereunder Section 194BB was introduced to entail deduction of tax at source specifically on "winnings from horse races" … circulars issued by the Department and then record my finding thereon. 'STATUTORY PROVISIONS OF INCOME TAX ACT, 1961: CHAPTER -I Definitions. 2. In this Act, unless the context otherwise requires, - (24) "income" includes - "(ix) any winnings
Tag this Judgment! AI Brief & AskSteel Authority of India Ltd. Vs. Deputy Commissioner of
Income Tax Appellate Tribunal ITAT Delhi
Apr-30-1991
Direct Taxation
(1991)38ITD193(Delhi)
the Finance Act of 1987, Section 80VVA was withdrawn and a new Chapter XII B was inserted to be operative with effect from 1-4-1988 i.e., … year.Section 115J of the Income-tax Act, 1961 was in voked by the Assessing Officer.2. Section 115J inserted by Finance Act of 1987 with effect from 1-4-1988 provides that where the income of a company as computed under the … company with some subsidiary companies in 1978 under the Public Sector Iron and Steel Companies (Restructuring) and Miscellaneous Act, 1978. As a consequence, appellant company became operating company with effect from 1-5-1978 and following subsidiaries were dissolved :
Tag this Judgment! AI Brief & AskModi Rubber Ltd. Vs. Union of India and Others Overruled
Delhi
Aug-06-1982
Excise
Central Excise Rules, 1944 - Rules 2, 8, 8(1), 56A, 173, 173B and G; Central Excise Act, 1944 - Sections 2, 3, 6, 8(1), 12, 37 and 37(2); Finance Act, 1978 - Sections 37 and 37(4)
1984(2)ECC30; 1983(12)ELT24(Del)
Finance Bill, 1978 levied this special duty of excise and was presented and passed by the Parliament as Finance Act, 1978. Section 37 of the Finance Act, 1978 provides that in case of goods chargeable with duty of excise … provide for future eventualities such as imposition of 'additional' or 'auxiliary' duty in addition to the basic duty. Chapter VIIB of the Rules provides for payment of duty on excisable goods in certain cases. Rule 173 R.M.
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