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Balsara Hygiene Products Ltd. and Another Vs. D.S. Saxena and Another

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3, 30, 31, 32, 33, 34, 35, 36, 37, 37(3) and (3)A and 80B; Constitution of India - Articles 19 and 226; Finance Act, 1983 - Sections 17

Reported in : 1994(2)BomCR164; [1994]208ITR623(Bom)

section 37(3) of the Act. In the year 1978, section 37 of the Act was amended by the Finance Act, 1978, by inserting sub-sections (3A) to (3D). The effect of the amendment was to disallow a portion of the … India, the petitioners are seeking a declaration that the amendment made to section 37 of the Income-tax Act, 1961, by section 17(b) of the Finance Act, 1983, by inserting sub-sections (3A) to (3D) is bad in law,

Cyrus Surfactants Pvt. Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (2007)(120)ECC443

the adjudicating authority rejecting the refund claim of the appellants on account of Education Cess levied under the Finance Act, 2004.2. The claim of the appellants for refund of Education Cess was based on the Notification bearing No. … of Excise (Goods of Special Importance) Act, 1957; and The Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, as was equivalent to the amount of duty paid by the manufacturer of goods, other than the amount … and also the Education Cess payable at 2% in respect thereof under Section 93 of the Finance Act, 2004, claimed refunds of the duties and … First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (other than the goods specified in Annexure I to the Notification), from

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2; Finance Act, 1965 - Sections 68; Income Tax Act, 1961

Reported in : [1980]124ITR783(Bom)

and in the circumstances of the case, any part of the tax paid under Section 68 of the Finance Act, 1965, was a ' debt owed ' on the relevant valuation dates within the meaning of Section 2(m) … referred to us for our opinion by the Income-tax Appellate Tribunal under Section 27(1) of the W.T. Act, 1957, is as follows :' Whether, on the facts and in the circumstances of the case, any part of

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 … their appeal as below: 5. The Assistant Collector of Central Excise, adjudicated 19 show cause notices issued for the purpose of recovery of duty on

State Bank of India Vs. Hegde and Golay Limited

Court : Karnataka

Subject : CompanyCivil

Acts : Company Act, 1956 - Sections 433, 439(1), 439(2), 439(9) and 529; Code of Civil Procedure (CPC) , 1908 - Order 2, Rule 2

Reported in : ILR1987KAR2364

Rs 15 lakhs under the cash credit account Nos. 1, 2 and 3. Since KSFC had agreed to finance the project requirement including 100% of the foreign exchange content of the ancillary units' capital goods, the Bank's … they then were, held that debt shown in the balance sheet is an acknowledgment within the meaning of Section 19 of the Limitation Act and in order to be so, the Balance Sheet in which such an acknowledgment … due for some accounts in the year 1977 and for others in 1978.2.1 As security for repayment of these moneys advanced by the Bank inclusive

Reserve Bank of India and Others Vs. Peerless General Finance and Inve ...

Court : Supreme Court of India

Subject : CommercialBanking

Acts : Reserve Bank of India Act, 1934 - Sections 45-K(3); Constitution of India - Articles 14, 19(1), 32 and 363; Indian Companies Act, 1913; Life Insurance Corporation Act, 1956; Banking Regulation Act, 1949; Companies (Amendment) Act, 1974; Companies Act, 1956; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Banking Act, 1987

Reported in : 1996IAD(SC)774; AIR1996SC646; [1996]85CompCas920(SC); JT1996(1)SC8; 1996(1)SCALE13; (1996)1SCC642; [1996]1SCR58

High Court dated May 3, 1995, is in the third round of the litigation between the Peerless General Finance & Investment Company Ltd. (hereinafter referred to as 'Peerless') and the Reserve Bank of India (hereinafter referred to … said Directions of 1977. While the said matter was pending, the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 was enacted by Parliament and it came into force with effect from December 12, 1978. The Bank took … institutions receiving deposits and financial institutions was inserted in the Act. In Section 45-I various expressions, viz., 'Company', 'Corporation', 'Deposit', 'Financial institution', 'firm' and 'non-banking … directed against the judgment of the Calcutta High Court dated May 3, 1995, is in the third round of the litigation between the Peerless General

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Subject : Direct Taxation

Acts : 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

Reported in : 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. … on 5th March, 2007 under Section 246-C of the Income Tax Act, 1961 (hereinafter shall be referred to as the Act) for settlement of the

R.C. Tobacco Pvt. Ltd. and anr. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Finance Act, 1982 - Sections 51; Central Excise Act, 1944 - Sections 5A, 5A(1), 11A and 11B; Central Excise (Amendment) Act, 1985 - Sections 11A; Finance Act, 2003 - Sections 154, 154(1) and 154(4); Central Excise Tariff Act, 1985; Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3(3); Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 - Sections 3(3); Bombay Sales Tax Rules, 1959 - Rule 41E; ;Orissa Sales Tax Act, 1947 - Sections 6; Maharashtra Tax Laws (Levy Amendment and Repeal) Act, 1989 - Sections 26; ;Central Excise Rules, 1982 - Rules 9, 9(1) and 49; Bombay Sales Tax (Amendment) Rules, 1992 - Rule 41E; ;Constitution of India - Articles 13, 14, 16 and 19, 19(1), 31(1), 265, 276(2) and 286; ;Orissa Sales Tax Validation Act, 1

Reported in : 2005(102)ECC449; 2005(188)ELT129(SC); JT2005(12)SC281; (2005)7SCC725

appeals. Immediately after the decision of the Division Bench of the Gauhati High Court, Section 154 of the Finance Act, 2003 was enacted by Parliament. The section reads as follows: "154.Amendment of notifications issued under Section 5-A of … importance)Act, 1957 and sub-section (3) of Section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978, by the Central Government shall stand amended and shall be deemed to have been amended in the manner … Central Government to new industries by Notification No. 32/99-CE dated 8th July 1999 issued under Section 5A of the Central Excise Act, 1944 (referred to

Ashoka and Company Vs. State of Bihar and ors.

Court : Patna

Subject : 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 … 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

Vardhman Polytex Limited and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Excise

Reported in : 2001(78)ECC53

under that Act.)XX XX XX XX XX XX XX XXSection 3 (as amended by Section 92 of the Finance Act, 2000)Duties specified in the [(the First Schedule and the Second schedule) to the Central Excise Tariff Act, 1985] … clarifying that Additional Excise Duty (for short 'AED') under the Additional Duty of Excise (Textiles and Textile Articles) Act, 1978 (for short, 'the 1978 Act') would also be leviable on yarns manufactured by 100% Export Oriented Undertakings (for … ORDERG.S. Singhvi, J.1. These petitions are directed against circular dated 19.10.2000 issued by the Central Board of Excise and Customs, New Delhi (for