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Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

Subject : Limitation

Acts : Limitation Act - Section 5, 29 (2), 8, 3; Recovery of Debts Due to Banks and financial Institutions Act (RDDBFI) 1993- Section 30, 2(b) , 19, 20; Income Tax Act, 1961 - Rule 11, 15; Central Excise Act. 1944 - Section 35H(1); West Bengal Land Reforms Act, 1955 - Section 8 ; Finance Act, 1979 - Section 38 (1); Companies Act, 1956 - section 529A, 20 (3), 25 to 28, 30; Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,; Non-Performing Assets Act (NPA) - Section 17(1); Code of Civil Procedure (CPC) - Order 21; Income Tax Act, 1961 - Section 260A; Excise Act - Section 35G; The Income-tax (Certificate Proceedings) Rules, 1962 - Rule 55A, 86 ; Debt Recovery Tribunal (Procedure) Rules - Rule 2

with non- payment. Non-payment is nothing but failure to pay when due. As per the provisions of the Finance Act, 1979 amount of FTT collected becomes due within fifteen days from the date of collection thereof. Failure to pay … Tribunal, Nagpur whereby it is held that the provisions of Limitation Act are applicable to an appeal under Section 30 of the Recovery of Debts Due to Banks and financial Institutions Act ( Briefly referred as RDDBFI … passed by Debts Recovery appellate Tribunal , Mumbai and an order dated 17th March 2009 passed by Debts Recovery Tribunal, Nagpur whereby it is held

Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...

Court : Rajasthan

Subject : Direct TaxationConstitution

Acts : Finance Act, 2001 - Sections 2(24), 17(1) and 17(2); Income Tax Act, 1961 - Sections 17(2); Income Tax Rules, 1962 - Rule 3; Constitution of India - Articles 14, 300A, 301 and 304

Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)

is with reference to the insertion of Clause (vi) in Section 17(2) w.e.f. 1st April, 2002, by the Finance Act, 2001, and amendment in Rule 3 of the IT Rules, 1962, vide Notification, dt. 25th Sept., 2001, which … assets. In this context, Rule 1BB of the WT Rules, 1957, was brought into force w.e.f. 1st April, 1979, prescribing the method for valuing any house wholly or mainly used for residential purpose. The matter came up

Mithila Properties, Publication Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Subject : Land Acquisition

Reported in : (1997)63ITD113(Pat.)

of section 40(3)(vi) of the Finance Act, 1983 and, therefore, issued notices for all the three years under section 17 of the Wealth-tax Act in compliance whereto returns were filed by the assessee-company declaring the value of car … Wealth-tax (A/c) in first appeal that the assessee is liable to wealth-tax as per section 40(3)(vi) of the Finance Act, 1983 in respect of the value of the immovable property which are godowns let out to Food Corporation … which have been let out to FCI and TDC since the year 1979-80. The rental income from such godowns is being assessed by the revenue

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

Court : Mumbai

Subject : Direct Taxation

Reported in : [1985]11ITD767(Mum)

year 1976-77 and Rs. 40,501 in the assessment year 1978-79, in view of the amendment brought about by section 17 of the Finance Act, 1983. In our view, this decision of the Tribunal is squarely applicable to the … 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

income-tax Officer Vs. Pratappur Sugar and Industries

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1985)13ITD753(Kol.)

In other words, the position would be the same as if this amendment had been made by the Finance Act, 1979, which would have received the President's assent sometime in March 1979. Clause (c) of Section 17 of the

Commissioner of Income Tax Vs. Televista Electronics P. Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 139(8), 140A, 154, 192 to 194, 194A, 194C, 194D, 195, 208(2), 209, 209(1), 209A, 209A(1), 209(2), 209A(4), 210(3), 211, 211(1), 212, 215(5), 217 and 256(1); Finance Act, 1979

Reported in : (2007)213CTR(Del)143; [2008]298ITR172(Delhi)

tax before the date on which the last Installment of advance tax is payable in his case. The Finance Act, 1979, has amended Section 209A to provide that such revised estimates of advance tax can be furnished on or … hand submitted that the Central Board of Direct Taxes (CBDT) in a Circular [reported in 117 ITR (Statutes) 17] clarified that the statement of advance tax would be required to be filed by an assessed only when

The Commissioner of Income-tax Vs. A.K. Khosla

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 14, 15, 16, 17, 17(1), 17(2), 17(3), 143(1), 143(3), 147 and 148; ;Indian Income Tax Act, 1922 - Section 7(1); ;Income Tax Rules - Rule 3; ;Finance Act, 1999 - Section 17(2); ;Finance Act, 2001; ;Finance Act, 2002 - Section 271; ;Securities Contracts (Regulation) Act, 1956 - Section 2; ;Constitution of India - Article 20(1)

is answered accordingly.Further, this Court also considered the new provision of Section 17(3)(ii), which was inserted by the Finance Act, 2002 and held that the amendment is only prospective in nature and not retrospective and in paragraph 22, … accept similar job in any other competing organisation for a minimum period of two years from July 13, 1979, and not to disclose or part with any information/knowledge or know-how of the company products/processes which he may

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad. … 718, Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh [1979] 44 STC 42 ; AIR 1979 SC 621, Union of India v. Godfrey Philips India Ltd. AIR 1986 SC 806, Pournami Oil Mills v. … said exemptions were withdrawn by notifications dated July 30, 1999 and February 17, 2000. The petitioner has therefore prayed for quashing the said notifications dated

Maine Vs. Thiboutot

Court : US Supreme Court

Subject : Land Acquisition

Foster, 407 U. S. 225 , 407 U. S. 240 , n. 30 (1972), and Lynch v. Household Finance Corp., 405 U. S. 538 , 405 U. S. 543 , n. 7 (1972), noted that § 1983's … divided by the 1874 statutory revision into a remedial section, Rev.Stat. § 1979, and jurisdictional Page 448 U. S. 7 sections, Rev.Stat. §§ 563(12) and … suggest that, when § 1 of the Civil Rights Act of 1871, 17 Stat. 13, which accorded jurisdiction and a remedy for deprivations of rights … that petitioners had deprived them of welfare benefits to which they were entitled under the federal Social Security Act. Given that Congress attached no modifiers to the phrase "and laws," the plain language of the statute embraces

Ashok Griha Udyog Kendra Pvt. Ltd. Vs. Collector of Central Excise and ...

Court : Allahabad

Subject : ExciseFood Adulteration

Acts : Finance Act, 1975; Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Sections 2; Factories Act, 1948 - Sections 2; Finance Act, 1979; Finance (No. 2) Act, 1980; Central Excises Act, 1944 - Sections 2, 3, 3(1), 35 and 36; Uttar Pradesh Sales Tax Act; Punjab General Sales Tax Act, 1948 - Sections 2; Food Adulteration Act; Central Excise Rules - Rule 9B; Constitution of India - Article 16 and 366(12)

Reported in : 1982(10)ELT309(All)

term, the 'Factory' has the meaning assigned to it in Section 2(m) of the factories Act, 1948'.By the Finance Act, 1979 the exclusions remained as before but the description of the Tariff Item was modified so as to read … occasions and in different contexts. In Commissioner of Sales Tax v. Hexbiles Rai & Sons [(1968) 21 S.T.C. 17] where pig bristles plucked by Kanjars from pigs and purchased by the assessee, who then boiled and washed