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Peerless General Finance and Investment Co. Limited and anr. Vs. Reser ...

Court : Supreme Court of India

Subject : BankingCommercial

Acts : Constitution of India - Articles 13(1), 13(2), 14, 19(1), 19(6), 32, 46, 121, 136 and 226; Reserve Bank of India Act, 1934 - Sections 45K(3), 45J, 45K and 45L; Evidence Act - Sections 114; Companies Act, 1956

Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406

the petitions.2. This litigation is an upshot of the earlier case Reserve Bank of India v. Peerless General Finance and Investment Company Ltd. and Ors. : [1987]2SCR1 decided on January 22, 1987. In 1978 the Prize Chits … Ors. : [1987]2SCR1 decided on January 22, 1987. In 1978 the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (in short 'the Banning Act, was enacted 'to ban the promotion or conduct of prize chits or money … have been excluded from the purview of the directions as per Clause 18 (1). This exemption should include all contractual obligations on those certificates. '(i) … Peerless') fell within the definition of 'Prize Chits' within' the meaning of Section 2(e) of the above Banning Act. By a letter dated July 23,

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Subject : Excise

1957, Additional Duties of Excise (Textiles and Textiles Articles) Act, 1978 and special excise duty collected under the Finance Act. CVD was not specifically stipulated and treated as the duty paid under the notification No. 41/2001. It is … on the inputs utilized for manufacture. These applications were made under Rule 18 of the Central Excise Rules, 2002, read with notification No. 21/2004-CE(NT) dated … have been preferred by Commissioner of Central Excise, Delhi-I impugning orders passed by the Government of India under Section 35EE of the Central Excise Act, 1944(Act, for short). The said orders are authored by Joint Secretary to

Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC491Tri(Mum.)bai

Rules 9 and 49 and retrospective validity of the said amendment brought out by Sec. 51 of the Finance Act, are valid. However, the Supreme Court did not accept the contention of the Learned Attorney General that the … In this context, he cited the judgement of the Supreme Court in J.K. Steels Ltd. v. U.O.I. in 1978 (2) ELT 355, he particularly took us through paragraph 45 of the aforesaid Supreme Court judgement. He also … 51(2)(d) of the Finance Act, 1982, were so issued under the aforesaid Section of the Finance Act and if so, they are not valid notices

Mangalore Chemicals and Fertilizers Ltd. and ors. Vs. Assistant Collec ...

Court : Karnataka

Subject : Excise

Acts : Finance Act - Sections 4 and 47; Central Excise Rules, 1944 - Rules 8, 8(1), 52A, 56A and 173G(2); Central Excise Act, 1944 - Sections 4, 4(1) and 4(4)

Reported in : 1986(8)ECC6; 1985(5)LC2554(Karnataka); 1986(23)ELT48(Kar)

this notification. Explanation. - In this clause, 'auxiliary duty' means the duty leviable under Section 36 of the Finance Act, 1976 (66 of 1976). 6. This notification shall come into force on the 1st day of July, 1976 … public limited company incorporated under the Companies Act of 1956, which is the petitioner in W.P. 3548 of 1978 is engaged in the manufacture of chemicals and fertilisers, at its factory situated near Mangalore. M/s. Ballapir Industries … OF INDIADepartment of Revenue and BankingNew Delhi, the 16th June, 1976/26th Jyaistha, 1898 (Saka) NOTIFICATIONCENTRAL EXCISEIn exercise of the powers conferred by the sub-rule (1)

income-tax Officer Vs. Shilpi Advertising Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1989)28ITD514(Ahd.)

It also drew the ITO's attention to the definition of an 'Industrial company' in Section 2(7)(c) of the Finance Act, 1979. The ITO's attention was also invited to the decision of the Hon'ble Delhi High Court in the … of his arguments strongly supported the orders of the ITO. According to him the assessee-company up to asst.year 1978-79 had been treated only as a "Service Company" and not as an "Industrial Company". According to him even

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 2(5); Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4); Finance Act, 1964; Finance Act, 1968; Finance Act, 1969; Income Tax Act, 1961 - Sections 2(18), 31, 37, 108 and 256

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

by the Finance Acts of 1965, 1966 and 1967. The relevant provisions are : Section 2(5)(a)(i) of the Finance Act of 1965 and 1966 : '5. (a) In respect of any assessment for the assessment year commencing on … For the assessment year 1964-65 profit on the sale of wool and wool tops and dyes was Rs. 18,84,498, whereas the loss in the export of carpets was Rs. 15,01,586.7. The net profit of the company in

People's Union for Civil Liberties and Anr. Vs. Union of India (UOi)

Court : Supreme Court of India

Subject : Constitution

Acts : Prevention of Terrorism Act, 2002 - Sections 1(4), 2, 2(1), 3 to 9, 10, 10(2), 11, 12, 14, 18 to 24, 26, 27, 29 to 33, 36 to 53 and 60; Terrorism and Disruptive Activities (Prevention) Act, 1987 - Sections 2(1), 5, 8, 8(1), 8(2), 15, 15(2), 16, 17, 18 and 20; Jammu Kashmir Constitution Act, 1996 - Sections 5; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 39 and 91; Indian Penal Code (IPC) - Sections 109 and 120B; Companies Act, 1956; Constitution of India - Articles 14, 18, 19, 19(1), 19(4), 20, 20(3), 21, 226 and 227; Evidence Act - Sections 126; Press Council Act, 1978 - Sections 15(2); Unlawful Activities (Prevention) Act, 1967 - Sections 13(1); Narcotic Drugs And Psychotropic Substances Act 1985 - Sections 37; Uttar Pradesh Dacoity Affected Areas Act - Sections 10

Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580

from Courts though they have been given such power by virtue of Section 15(2) of the Press Council Act, 1978 as against Press Council. (See also : Pandit M.S.M. Sharma v. Shri Sri Krishan Sinha, 1959 Supp (1) … 39. Sections 18 and 19 deals with the notification and de-notification of terrorist organizations. Petitioners submitted that under Section 18(1) of POTA a schedule has been provided giving the names of terrorist organization without any legislative declaration; that … is a proxy war?'... But when you have terrorist organizations being trained, financed by a State and it becomes State-sponsored terrorism and all of them

Sri. K. Mahendar Vs. the Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 45(5), 143(1), 143(3), 148 and 155(7A); Finance Act, 1978; Direct Tax Laws (Amendment) Act, 1978; Finance Act, 1987; Limitation Act - Sections 5

Reported in : (2008)214CTR(Mad)598; [2008]303ITR245(Mad)

The Assessing Authority further pointed out that under Section 155(7-A) (since omitted with effect from 1.4.1992) introduced the Finance Act, 1978 with effect from 1.4.1974 and amended by the Direct Tax Laws (Amendment) Act, 1978 with effect from 1.4.1988,

Commissioner of Income-tax Vs. Hindustan Gum and Chemicals Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964 - Schedule - Rules 1 and 4; ;Income Tax Act, 1961 - Section 80M

Reported in : [1990]182ITR396(Cal)

the First Schedule of the Companies (Profits) Surtax Act relied on by the Revenue was introduced by the Finance Act of 1981, which is as follows :'Explanation.--Notwithstanding anything contained in any clause of this rule, the amount of … 2. The second question is concluded by the decision of this court in Income-tax Reference No. 131 of 1978 (CIT v. Britannia Industries Co. Ltd. : [1990]182ITR113(Cal) ) where judgment was delivered on April 10, 1989, holding … reliance has been placed on Distributors (Baroda) P. Ltd. : [1985]155ITR120(SC) . 18. We have given our anxious consideration to the rival contentions.19. The concept … Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1972-73, the

Surjeet Singh Mahan Sing Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1998)64ITD104(Delhi)

section 18(5) as amended by the Tax Laws Amendment act, 1970. The Tax Laws Amendment Act, 1975 and Finance Act, No. 2 of 1977 w.e.f. 1978 stood as under :- "(5) No order imposing a penalty under this