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Oct 11 2006

Bharat Sanchar Nigam Ltd. Vs. State of Bihar and ors.

Court : Patna

Decided on : Oct-11-2006

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 25; Value Added Tax Act, 2005 - Sections 39 and 41(1)

Taxes, Patliputra Circle, Patna, imposed on it the penalty of Rs. 3,50,37,414.82 under Section 25(ka) of the Bihar Finance Act, 1981 and Section 41(1) of the Value Added Tax Act, 2005. He gave a notice to the petitioner to

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Mar 14 2008

Shivam Coke Industries and Rani Sati Coke Manufacturing Company Vs. St ...

Court : Jharkhand

Decided on : Mar-14-2008

Subject : Sales Tax/VATLimitation

Reported in : [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)

(Admn.), Dhanbad Division, Dhanbad whereby he has initiated suo motu revision proceedings under Section 46(4) of the Bihar Finance Act, 1981 and further for a declaration that the impugned notice issued by the Joint Commissioner is bad in law … Ordinance for intervention by Commissioner was omitted in the 1977 ordinance. For better appreciation, firstly we shall quote Section 41 of the Bihar Sales Tax Ordinance, 1976 which reads as under:41. Revision.--(1) Subject to such rules as may

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Apr 02 2002

S.C.i. India Ltd. Vs. State of Bihar and ors.

Court : Patna

Decided on : Apr-02-2002

Subject : Sales Tax

Acts : Indian Companies Act, 1956; Bihar Finance Act, 1981 - Sections 7, 7(3), 16(9), 46(2) and 46(3)

1995 issued by the Government of Bihar in the Commercial Taxes Department under Section 7(3)(b) of the Bihar Finance Act, 1981.4. It is relevant to mention here that under the Bihar Finance Act sales tax is payable on the … as recommended by the Industries Department, the additional investments to the tune of Rs. 179.17 lakhs comprising of 41.25 lakhs on building and 137.92 lakhs on plant and machineries will exceed 50 per cent of the fixed

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Oct 16 1984

Aluminium Industries Ltd. Vs. Union of India (Uoi)

Court : Kerala

Decided on : Oct-16-1984

Subject : Customs

Acts : Customs Tariff Act, 1975 - Sections 2 and 3; Finance Act, 1981 - Sections 47; Customs Act, 1962 - Sections 2(11), 2(12), 2(23), 2(27), 2(28), 7, 8, 12, 14, 15, 15(1), 16, 17, 25, 25(1), 29, 30, 31, 32, 33, 34, 45, 46, 47, 48, 68, 106, 110, 111, 113 and 115; Finance Act, 1980 - Sections 4(4) and 47; Customs Act, 1886; Customs Tariff Act, 1894; Sea Customs Act, 1878 - Sections 37, 57 and 86; Customs Rules; Customs Regulations

Reported in : 1985(4)ECC1; 1985LC554(Kerala); 1999(110)ELT474(Ker)

30, 31, 32, 33, 34.45, 46, 47, 48, 68, 106, 110, 111, 115; Finance Act, 1980, Section 4(4); Finance Act, 1981, Section 47; Customs Tariff Act, 1975, Section 3 ; Countervailing Duty; Notfn. Nos. 176/79-CUS., 186/79-CUS, 41/80-CUS., 75/81-CUS., 76/81-CUS. -

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Jul 19 2001

Ram Nath Jindal Vs. Cit

Court : Punjab and Haryana

Decided on : Jul-19-2001

Subject : Direct Taxation

Reported in : (2001)170CTR(P& H)251

has not been claimed by the assessee. This position is further obvious from the fact that in the Finance Act, 2001, Explnation 5 has been inserted in section 32(1)(ii) with effect from 1-4-2002. It has been inter alia … law in having interpreted the orders passed by the Income Tax Officer for the asst yrs. 1980-81 and 1981-82 to mean that the depreciation had actually been worked and separately allowed by the Income Tax Officer for … the Income Tax Officer had correctly worked out the profit under section 41(2) on the sale of truck No. HRN 345 ?'2. The relevant facts

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Feb 14 2003

Kerala Financial Corporation Vs. Commissioner of Income Tax

Court : Kerala

Decided on : Feb-14-2003

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 41 and 41(4A); Finance Act, 1997

Reported in : (2003)182CTR(Ker)502; [2003]261ITR708(Ker)

him, is erroneous and the Tribunal has failed to take note of the insertion of Sub-section (4A) in Section 41 which was also simultaneously inserted w.e.f. 1st April, 1998, by the Finance Act, 1997, with the amendment to … with the requirement under Section 36(1)(viii). He drew our attention to the amendment made to Section 36(1)(viii) by Finance Act, 1997, w.e.f. 1st April, 1998, by which it was made clear that the special reserve is not only

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Sep 09 1987

Lakhanpal National Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Sep-09-1987

Subject : Direct Taxation

Reported in : (1988)24ITD214(Ahd.)

of the Act, as the same have been brought on the statute with effect from 1-4-1984 by the Finance Act, 1983. On the other hand, if the writ petition is decided in favour of the assessee, the revenue … the case of V.G. Krishnamurthy v. CIT [1985] 152 ITR 683, (d) even though in the assessment year 1981-82, the ITO had disallowed deduction of excise duty provision of Rs. 39,73,435 on the differential price between ex-factory … is challenging the consolidated order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961 (the Act) wherein, she has directed … estimated liability and actual liability, the excess can be taxed Under Section 41(1).8. Apart from the above submissions, the learned counsel for the assessee had

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Sep 26 2014

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Education

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races … record the findings of this Court on point No.2 formulated above with 41 conclusions thereon after noticing the Case Laws having bearing on these issues. … any sort as per Sec. 194B of the Income Tax Act and consequently hold that the provisions of section 194B are not applicable to the petitioners. W.P.NO.6674/2013 BETWEEN: M/s Mysore Race Club Limited A company incorporated under

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Apr 27 1989

income-tax Officer Vs. Dalmia Dairy Industrses Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-27-1989

Subject : Direct Taxation

Reported in : (1989)31ITD549(Delhi)

refund the amount to the buyers in case the tax was not levied, for a student of public finance, there is a vast difference in the nature of the two levies i.e. excise duty and sales-tax. But … the relevant previous year, i.e., in the company's accounting year 1st Oct., 1981 to 30th Sept., 1982 (which interest amounted to Rs. 33,221) did not … that in view of the stay granted by the High Court, the operation of the West Bengal Sales-tax Act itself has been impaired and hence no liability for payment of sales-tax arises. Reliance was placed on CIT … assessee's appeals. It was conceded before us that the Revenue's applications under Sections 256(1) and 256(2) have also been rejected. This issue was decided against … Said amount even under the provisions of Section 41(1) of the laconic-tax Act inasmuch as the said

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Aug 28 1992

Bashir Oil Mills and Another Vs. Maharashtra Sales Tax Tribunal and Ot ...

Court : Mumbai

Decided on : Aug-28-1992

Subject : Sales Tax

Acts : Bombay Sales Tax Act, 1959 - Sections 41 and 52; Central Sales Tax Act, 1956 - Sections 8(2A) and 13

Reported in : 1993(1)MhLj133

13 Oil-cakes 2% 2% July 1, 1981 to-date' ------------------------------------------------------------------------ By a notification dated July 24, 1981, issued under section 41 of the Bombay Sales Tax Act, the State Government exempted all sales of oil-cakes including oil-cakes for the

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