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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 … different periods, who by his Order No. C. No. V/14H/18/26-80 B5, dated 22-5-1980 (Exhibit C) rejected the same. 8.1. The Finance Act, 1982, (Central Act

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)

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 … Thereafter, the Assistant Collector, after giving personal hearing, passed the order dated 22-11-1988 confirming the demands. The respondent mills went in appeal before the Collector

Ethnor Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 37, 37(3A), 37(2B) 37(3B), 37(1), 37(3) and 40A; Companies (Profits) Surtax Act, 1964

Reported in : (2003)181CTR(Bom)550; [2003]260ITR401(Bom)

as may be prescribed.22. Sub-sections (3A) to (3D) were introduced to Section 37 of the Act by the Finance Act, 1978, with effect from April 1, 1979, and are accordingly applicable to the assessment years 1979-80 and 1980-81. Sub-section

Reserve Bank of India Vs. Peerless General Finance and Investment Co. ...

Court : Supreme Court of India

Subject : Commercial

Reported in : 1987(1)SCALE100; (1987)1SCC424; [1987]2SCR1; 1987(1)LC586(SC); AIR 1987 SC 1023; MANU/SC/0073/1987

nationalisation of the business of life insurance the name of the company was changed to 'the Peerless General Finance & Investments Co. Ltd.' For over a quarter of a century now, the business of the company has … refer to the argument in due course.29. Thereafter in 1978 the Prize Chits and Money Circulation Schemes (Banning) Act 1978 was enacted to ban the promotion or conduct of prize chits and money circulation schemes and for matters … reason why the appeals are being dismissed is on the wording of Section 2(e) of the Act. A close study of the definition makes the … respectively and the renewal subscription collected during the years was 12.50, 15.95, 22.32, 33.34, 57.79, 80.35 and 101.40 lakhs respectively.12. The striking fact that stares

Bimla Devi Vs. Union of India and Another

Court : Delhi

Subject : Company

Acts : High Denomination Banknotes (Demonetisation) Act, 1978 - Sections 3, 4, 7, 7(1), 7(2), 7(4), 7(5), 7(6), 7(7), 8 and 8(3); Reserve Bank of India Act, 1934 - Sections 22, 26, 34, 39 and 39(2); Negotiable Instruments Act, 1881; Indian Coinage Act, 1906; Constitution of India - Article 31 and 31(1); Land Acquisition Act, 1894 - Sections 4, 6, 9, 11, 16 and 31

Reported in : [1985]58CompCas361(Delhi); 1983(4)DRJ236

and 1669 of 1979 wherein the validity of some of the provisions of the High Denomination Banknotes (Demonetisation) Act, 1978 (hereinafter referred to as 'the Demonetisation Act'), has been challenged. The petitioners are aggrieved because they have not … was given by the petitioner as to why she was unable to file the declaration by January 19, 1978. Section 8 of the Demonetisation Act requires the declarant to state the reasons as to why the declaration could … them to the public.' 9. The Reserve Bank issues banknotes under s. 22 of the RBI Act. Section 26, inter alia, provides that every such … availability of high denomination banknotes facilitates the illicit transfer of money for financing transactions which are harmful to the national economy or which are for

Federation of Hotels and Restaurants Association of India and Others V ...

Court : Delhi

Subject : Service Tax

226 of the Constitution of India is to the constitutional validity of Section 65 (105) (zzzzv) of the Finance Act 1994 (FA) whereby the provision to any person by a restaurant, by having the facility of air-conditioning in … the decision of the Supreme Court in Northern India Caterers (India) Ltd. v. Lt. Governor of Delhi (AIR 1978 SC 1591). States have been proceeding on the basis that the Associated Hotels of India case was applicable … S. Muralidhar, J. 1.1 The challenge in this petition under Article 226 of the Constitution of India is to the constitutional validity of Section

Goodlass Nerolac Paints Ltd. Vs. Income-tax Officer.

Court : Mumbai

Subject : Direct Taxation

Reported in : [1985]11ITD767(Mum)

of CIT. v. Shah Nanji Nagsi : [1979]116ITR292(Bom) as the Explanation 2 to section 37(2A), inserted by the Finance Act, 1983, would apply only from the assessment year 1976-77 onwards. The learned counsel also argued that these expenses … against the common order of the Commissioner (Appeals), dated 23-3-1982, for the assessment years 1975-76, 1976-77, 1977-78 and 1978-79. Since there are common contentions involved in these appeals, it will be convenient to dispose of the same … 11 of the said order, the Tribunal restored the disallowance of Rs. 22,901 in the assessment year 1976-77 and Rs. 40,501 in the assessment year

indo Asian Switchgears (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1985)12ITD65(Delhi)

as the profit of the export business of the assessee for the purposes of a rebate under the Finance Act, 1965. The observations of the Gujarat High Court were to the effect that the sale of such entitlements … Court in Agra Chain Mfg. Co. v. CIT [1978] 114 ITR 840 had referred to the provisions of Section 28(iv) of the Income-tax Act, 1961 ('the Act'), and was of the view that such rights could be … regards such import entitlement. We have extracted the relevant passage in para 22 supra and in the light of this exposition, it appears difficult to

Mafatlal Industries Ltd. Vs. Collector C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1991)LC65Tri(Mum.)bai

be deemed to be removal. This Notification dated 20-2-1982 was given retrospective effect through Section 51 of the Finance Act, 1982, which received the President's assent on 11-5-82. The retrospective validity of Section 51 of the Finance Act … citation reported in 1989 (39) ELT 617 (Tri), in the case of Indian Iron and Steel Co. and 1978 ELT (J 471) in the case of Good Shephered Rubber Co.8. In the case of M/s. Rohit Mills