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Combatta Aviation Ltd. Vs. Union of India (Uoi)

Court : Delhi

Subject : Civil

Acts : Finance Act, 1979 - Sections 28(3), 35(1), 35(2), 38(3) and 38(5); FTT Rules, 1979 - Rules 4, 9 and 10A

Reported in : 2000(68)ECC52; 2000LC390(Delhi); 2000(115)ELT622(Del)

in the Finance Act and FTT Rules. The penalty imposed on the applicant is justified. Impugned order upheld. Finance Act, 1979: Section 38(3); FTT Rules, 1979: Rule 10A.Revision Application rejected. - LABOUR & SERVICES Disability Pension: [Vikramajit Sen, Sanjiv Khanna

Singapore Airlines Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129DD; Finance Act, 1979 - Sections 35(2), 35A(1) and 38(3); Finance Act, 1997 - Sections 38; Foreign Travel Tax Rules, 1979 - Rules 4, 9 and 10A

Reported in : 2004(73)DRJ168; 2004(94)ECC332; 2004(175)ELT89(Del)

imposing a penalty of Rs.2,07,840/- under Section 35A(1) {clarified in the impugned order as Section 38(3)} of the Finance Act, 1979 (as amended){for short the Act} read with Rule 4 of the Foreign Travel Tax Rules, 1979 (as amended),

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 … defaulter in future is making the payment. Had there been no minimum penalty prescribed under sub-section (3) of Section 38 of the Act, it would have been open for the adjudicating authority to consider the conduct of the

iran National Airlines Vs. Union of India (Uoi)

Court : Mumbai

Subject : Customs

Acts : Finance Act, 1979 - Sections 35 and 38(3); Customs Act, 1962 - Sections 129DD; Foreign Travel Tax (Amendments) Rules, 1979 - Rule 10A(1); Foreign Travel Tax (Amendments) Rules, 1994

Reported in : 2006(202)ELT588(Bom)

the order passed on 2nd November, 2004 imposed a penalty of Rs. 7,59,060/- under Section 38(3) of the Finance Act, 1979. The Original Authority also imposed a minimum penalty of Rs. 32,000/- for 16 cases under the provisions of

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

Mitsui and Company Ltd. Vs. Deputy Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Reported in : (1999)65TTJ(Del)1

Explanationn in section 9(ii) of the Income Tax Act, 1961, with effect from 1st April, 1979 by the Finance Act, 1983, it is clarified and declared that the income which falls under the head 'salaries' payable for services … a clear recognition of the fact that a designated area is not part of U.K. and in particulars. 38(6) of Finance Act, 1973, does not deem it so for income-tax purposes. It was finally held by the

income-tax Officer Vs. Rukmani Metal and Gaseous Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1982)1ITD816(Delhi)

on 10-6-1975 and 12-6-1975 which was beyond the time limit of 31-5-1975 specified in Section 16(c) of the Finance Act, 1971. Shri Kapila submitted that though the other conditions specified in this provision might have been fulfilled by … of the Madras High Court in the case of CIT v. Shri Rama Vilas Service (P.) Ltd. [1960] 38 ITR 25, 'installed' would certainly mean to place an apparatus in position for service or use.In view of

Commissioner of Income-tax Vs. Mico Products Pvt. Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1980; Constitution of India - Articles 14, 19(1)(8) and 226; Income Tax Act, 1961 - Sections 32, 32(1) and (2), 35, 35(1), (2), (2B), (B), B(2) and C(2)

Reported in : (1990)92BOMLR659; [1991]187ITR517(Bom)

regarding expenditure on scientific research was first felt in the U.K. after the Second World War. The U.K. Finance Act, 1944, gave for the first time a tax benefit in respect of expenditure on scientific research. The statement … the basis that the assessee was entitled to depreciation on its scientific research assets. In the middle of 1979, the assessee required further working capital. For this purpose, it made an application dated June 1, 1979, to … contended that the assessee is entitled to depreciation on these items under section 32(1) of the Income-tax Act, 1961, even though deduction under section 35(1)(iv) … liability of refunding any tax already collected. But he said (at p. 383) :'The withdrawal with retrospective effect of any relief granted by a valid

Commissioner of Wealth-tax Vs. Ram Pershad

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1984)7ITD656(Delhi)

that although the provisions of Section 7(4) of the Act was brought on the statute book by the Finance Act, 1976, with effect from 1-4-1976, it would be a fair position if the value of the property, the … the Tribunal stood rejected vide orders dated 21-7-1977 made in RA Nos. 688, 689 and 690 (Delhi) of 1979. The Tribunal held that the finding of the Tribunal are pure findings of fact based on the state … the case of CGT v. Smt. Kusumhen D. Mahadevia [1980] 122 ITR 38. Their Lordships having held as under : It is true that there

Delhi Stock Exchange and anr. Vs. K.C. Sharma and ors.

Court : Delhi

Subject : Service

Acts : Regional Rural Banks Act, 1976 - Sections 30; Constitution of India - Articles 12, 14, 32 and 226; Securities Contract and Regulation Act, 1956 - Sections 2(2), 3, 4, 4(2), 5, 6, 7, 9, 10, 11, 11(1), (2), 12, 13, 19, 21, 22, 23, 29 and 30; Indian Contract Act - Sections 23; Companies Act - Sections 195; Uttar Pradesh Cooperative Land Development Banks Rules, 1971 - Rule 6; Societies Act - Sections 122; Service Regulations - Regulation 10(2) and 102; Societies Registration Act; Bombay Securities Contracts Act, 1925; Securities Contracts (Regulation) Rules, 1957; Companies (Issue of Share Certificates) Rules; Preference Shares (Regulation of Dividends) Act, 1960; Capital Issue (Application for Consent) Rules, 1966; Capital Issue (Exemption) Order, 1969; Companies (Transfer of Prof

Reported in : 2002VIIAD(Delhi)432; 98(2002)DLT234

Stock Exchange has its own budget for which it does not require the approval of the Ministry of Finance or any other Government agency.vi) There is no control of the Government over the expenses of the Delhi … employee. Thus, the Rule 9(i) of the Services Discipline and Appeal Rules, 1979 was held void under Section 23 of the Indian Contract Act, 1872, … On 9th June 1995, a murderous assault was engineered by one of the brokers in view of the action against them. Allegedly, an information to the press relating thereto had been issued, which, according to the respondent