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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 … be extended by invoking the provisions of Section 5 of the Act. 21. In the light of the above discussion, we hold that the High … 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

M.P. Mattur and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 34; Court Fees Act, 1817 - Sections 7(IV); General Clauses Act, 1897 - Sections 21

Reported in : 1991(21)DRJ249

Matched in: Citation 1991(21)DRJ249

Mithila Properties, Publication Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Subject : Land Acquisition

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

the Finance Minister published in 140 ITR 32 (St.) and 194 ITR 21 (St.) particularly para 67 relied upon by the assessee's counsel in support … 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 … to 1986-87. The assessee owns godowns 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 authorities as income from house property

Binani Industries Ltd., Kerala Vs. Assistant Commissioner of Commercia ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Karnataka Sales Tax Act, 1957 - Sections 3A, 5, 5C, 12A, 13A(1), 20, 21, 21(1), 21(2), 22, 22A, 23, 24 and 25A; Customs Act, 1873; Karnataka Taxation laws (Second Amendment) Act, 1996 - Sections 5C, 5(3), 5(91), 7 and 21; Karnataka Tax on Luxuries Act, 1979; Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976; Karnataka Entertainments Tax Act, 1958; Karnataka Agricultural Income Tax Act, 1957; Sale of Goods Act, 1930 - Sections 4; Finance Act, 1952; Income Tax Act, 1922 - Sections 34 and 35(10); Finance Act, 1956; Karnataka Sales Tax Rules, 1957 - Rule 6(4); Constitution of India - Article 366

Reported in : JT2007(5)SC311; 2007(5)SCALE429; 2007(1)LC0515(SC); (2007)6VST783(SC); 2007AIRSCW3071; JT2007(5)SC311; 2007-08(6)VATToday128; 2007(2)KCCRSN81; 2007(4)AIRKarR295

income tax for the year 1952-53, the appellant, a company had been granted under the provisions of the finance Act, 1952, a rebate on a portion of its profits of the previous year, that is, 1951 which it … Amendment) Act, 1996, amendments are effected to provisions of the below mentioned Acts; i) Karnataka Tax on Luxuries Act, 1979. ii) Karnataka Tax on Professions, Trades, Callings and Employments Act, 1976. iii) Karnataka Entertainments Tax Act, 1958. iv) … view the directions contained in the Circular of 23.10.1999 re-assessment proceedings were initiated and/or action in terms of Section 21 for revision was initiated. Both these actions related to completed assessments.4. A learned Single Judge while dealing with

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. … Ltd. v. State of Uttar Pradesh [1979] 44 STC 42 ; AIR 1979 SC 621, Union of India v. Godfrey Philips India Ltd. AIR 1986 … issued by it under Section 19 of the Punjab General Clauses Act, 1898 which is similarly worded as Section 21 of the General Clauses Act, 1897 as also Section 22 of the Orissa General Clauses Act, 1937. The

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

Subject : Service Tax

Acts : Constitution Of India - Article 226

under Article 226 of the Constitution of India are challenging imposition of penalty under section 38(3) of the Finance Act, 1979 ("Finance Act" or "Act" for short) for delay in payment of Foreign Travel Tax ("FTT" for short) to

O.L. of Piramal Financial Services Ltd. Vs. Dena Bank

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 456, 531 and 531A; ;Reserve Bank of India Act - Sections 45A; ;Sale of Goods Act, 1979 - Sections 21(1) and 27; ;Transfer of Property Act - Sections 5; ;Real Property Act, 1845; ;Himalayanagar Co-operative Society's Rules; ;Himalayanagar Co-operative Society's Regulations; ;Specific Relief Act - Sections 10; ;Code of Civil Procedure (CPC) - Order 6, Rule 6

Reported in : [2004]122CompCas967(Guj); [2005]63SCL558(Guj)

between Ashish Patel and associates (as party of first part) and Radhe Developers, Radhe Estate Developers and Radhe Finance (as party of the second part) and Valor Finstock Pvt.Ltd. (as party of third part) and Piramal Financial … nemo dat quod non habet. It is partially set out in section 21(1) of the Sale of Goods Act 1979, which provides 'Subject to this Act, where goods are sold by a person who is not their owner,

Gujarat Narmada Valley Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1982)2ITD515(Ahd.)

instead of 20 per cent prescribed in Section 2(b)(iii)(B)(1) of Part II of the First Schedule to the Finance Act, 1979. The Commissioner also erred in upholding the enhanced rate. As a matter of fact, on account of the

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 … to the employees in the assessment years 1975-76 and 1976-77 to the extent of Rs. 10,860 and Rs. 21,241. The learned counsel argued that these amounts of sales promotion allowances have been considered as part of the

Asstt. Cit Vs. Smt. Rasila S. Mehta

Court : Mumbai

Subject : Direct Taxation

Reported in : [2000]82ITD27(Mum)

L.J. 1975 497 and submitted that as in the case of statements or estimates of advance tax, the Finance Act, 1979, had provided that the same could be furnished on or before the same date on which the relevant … are cross appeals filed by the assessees as well as revenue in relation to levy of penalty under section 271(1)(c) for the assessment year 1988-89 in the case of two assessees.3. Facts of the case leading to … levy of penalty of Rs. 12,200 on Smt. Rasila Mehta and Rs. 21,254 on Smt. Pratima Mehta.6. Aggrieved by these penalty orders, the assessees filed