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Orient Paper and Industries Ltd. Vs. Orissa State Electricity Board

Court : Orissa

Subject : ExciseElectricity

Acts : Central Excise Act, 1944 - Sections 2 and 3; Finance Act, 1978 - Sections 36; Companies Act, 1913; Electricity Supply Act, 1948 - Sections 49, 49A and 59; Indian Penal Code (IPC) - Sections 378; Indian Electricity Act, 1910 - Sections 39; State Financial Corporation Act, 1951; Central Sales Tax Act, 1956; Constitution of India - Articles 226 and 366(12); Central Sales Tax (Registration and Turnover) Rules, 1957

Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)

Central Excises & Salt Act, 1944 (hereinafter referred to as 'the Act') as amended by Section 36 of Finance Act 1978 is assailed by the petitioner, a Company registered under the Indian Companies Act, 1913.2. Petitioner carries on the … line would come within the mischief of theft under Section 378 of the Indian Penal Code. Referring to Section 39 of the Indian Electricity Act, it was observed :-'With regard to the first reason that Section 39 of

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 … (ii) the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 39; and (iii) any period during which a proceeding under this section for the levy of penalty is shall

inspecting Assistant Vs. Paliwal Glass Works

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1987)20ITD50(Delhi)

had sought to clarify the legal position on this subject. A reference was made to Sub-section (2) of Section 39 of the Finance (No. 2) Act, 1977 by which the posts of the Commissioner (Appeals) were created. It … an AAC before that day will be taken as if the amendments directed to be made by the Finance Act had not been made. In other words, action in relation to such appeals will be taken by the … order passed by the AAC before the appointed day, i.e., July 10, 1978 in a case of a non-company-assessee where the total income/loss exceeded Rs.

Sirpur Paper Mills Ltd. Vs. Director of Inspection, Customs and Centra ...

Court : Andhra Pradesh

Subject : Direct TaxationExcise

Acts : Income Tax Act, 1961 - Sections 27, 81, 99(1), 280ZD and 280ZD(6)

Reported in : 1983(12)ELT457(AP); [1982]136ITR120(AP)

account while determining the amount of tax credit to be certified under s. 280ZD of the I.T. Act. Section 39 of the Finance Act, 1968, read : '39. Special duties of excise on certain goods - (1) When … 3. The statement of case, in brief, as per the averments of the writ petitioner i : The Finance Act, 1965, provided for the grant of tax credit certificates by inserting Chapter XXII-B in the I.T. Act, 1961, … it is Assistant Collector v. National Tobacco Co. of India Ltd., : 1978(2)ELT416(SC) wherein it is hel : 'The term 'levy' appears to us to

Jiyajeerao Cotton Mills Ltd. Vs. Income-tax Officer, c Ward and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80E and 154; ;Finance Act, 1965

Reported in : [1981]130ITR710(Cal)

that soda ash is one of the items mentioned in Part III of the First Schedule to the Finance Act, 1965, and the appellant was, therefore, entitled to a special rebate of 35 per cent. on the profits … the subsequent decision of the Supreme Court in Cambay Electric Supply : [1978]113ITR84(SC) delivered on the llth April, 1978, even then it could not be rectified as that would enlarge the time-limit specified in Section 154(7) and … gains attributable to its priority industry in granting the said special rebate. 39. It is not in dispute that Section 80E of the I.T. Act,

Somi Horam Tongkhul Naga Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Banking

Acts : Reserve Bank of India Act, 1934 - Sections 22, 23, 24, 26 and 39; High Denomination Bank Notes (Demonetisation) Act, 1978 - Sections 8; Constitution of India - Articles 19 and 226

passed by the Additional Secretary to the Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), rejecting petitioner's appeal under Section 8 … Economic Affairs (Banking Division), rejecting petitioner's appeal under Section 8 (3) of the High Denomination Bank Notes (Demonetisation) Act, 1978, against the order No. Gau. Cy. Mgr. 601/47-79/90 dated 19-7-79 of the Manager, Reserve Bank of India, Gauhati, … can be legally given in discharge of debts or obligations, and the creditor is bound to accept. 9. Section 39 of the Act imposes an obligation to supply different forms of currency and it provides:-- '(1) The Bank

K. Sreedharan and Co. (P.) Ltd. Vs. State of Kerala

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 5(5) and 39(4)

Reported in : [2001]123STC291(Ker)

in view of entry 76A of the First Schedule to the Act which has been introduced by the Finance Act, 1988. Assessing officer had not noticed the newly introduced provision and, therefore, concession was in line with statutory … cases on common points and additional points raised for the relevant assessment years. They have been filed under Section 41 of the Kerala General Sales Tax Act, 1963 (in short, 'the Act').2. Sales Tax Appellate Tribunal, Additional … by the assessee. Learned counsel for the Revenue, with reference to Section 39(4) of the Act, submitted that Tribunal is well within its power to

Mr.Renjith Kozhissery, vs the State of Kerala,

Court : Kerala

role of the Commissioner is only to keep a check on the finance management of the Devaswom. As such, it cannot be held that Section … intention to facilitate promotion for A-2 N.Raju, abused their official position as public servants and violated Guruvayur Devaswom Act 1978, Guruvayur Devaswom Rules and Guruvayur Devaswom Employees Regulation,1983 and also by again violating Honourable Kerala High CourtJudgment in … to Sections 18 and 36 of the Guruvayoor Devaswom Act, this Court had stated as follows:“A reading of Section 39 of the Act would indicate that the Managing Committee of the Devaswom is the authority to prescribe the

Renjith Kozhissery, vs the State of Kerala,

Court : Kerala

role of the Commissioner is only to keep a check on the finance management of the Devaswom. As such, it cannot be held that Section … intention to facilitate promotion for A-2 N.Raju, abused their official position as public servants and violated Guruvayur Devaswom Act 1978, Guruvayur Devaswom Rules and Guruvayur Devaswom Employees Regulation,1983 and also by again violating Honourable Kerala High CourtJudgment in … to Sections 18 and 36 of the Guruvayoor Devaswom Act, this Court had stated as follows:“A reading of Section 39 of the Act would indicate that the Managing Committee of the Devaswom is the authority to prescribe the

Mr. Renjith Kozhissery vs the State of Kerala

Court : Kerala

role of the Commissioner is only to keep a check on the finance management of the Devaswom. As such, it cannot be held that Section … intention to facilitate promotion for A-2 N.Raju, abused their official position as public servants and violated Guruvayur Devaswom Act 1978, Guruvayur Devaswom Rules and Guruvayur Devaswom Employees Regulation,1983 and also by again violating Honourable Kerala High CourtJudgment in … to Sections 18 and 36 of the Guruvayoor Devaswom Act, this Court had stated as follows:“A reading of Section 39 of the Act would indicate that the Managing Committee of the Devaswom is the authority to prescribe the