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J.K. Cotton Spinning and Weaving Mills and Another Vs. Union of India ...

Court : Delhi

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 9, 9(2), 10, 11, 47, 49, 49A, 53, 54,,73A, 173K and 173Q; Central Excise Act, 1944 - Sections 3, 4, 6, 8, 9, 11, 11A, 11B, 37 and 49; Finance Act, 1982 - Sections 51

Reported in : 1983LC117D(Delhi); 1983(12)ELT239(Del); ILR1983Delhi518

decided by the Supreme Court expeditiously, the Central Government decided to amend the law. Accordingly, while enacting the Finance Act of 1982, the Parliament enacted section 51, which reads as under :- 'Retrospective effect for certain amendments to … Prakash Narain, C.J.1. This batch of writ petitions (viz. C.W. 1858 of 1981, C.W. No. 1113 of 1981, C.W. 1190 of 1982 and C.W. 2568 of 1982) filed by the petitioners … spun yarn and cotton yarn along with duty on cotton fabrics. Rule 53 deals with how daily stock account is to be kept. This rule

Classic Automobiles Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 - Sections 2, 3, 4 and 27(1); Bihar Tax on Entry of Goods into Local Areas Rules, 1993 Rule 4; Bihar Finance Act, 1981 - Sections 25 and 27; Taxation Acts

1997-98 respectively, two identical orders dated March 25, 1998 have been issued under Section 27 of the Bihar Finance Act, 1981 (hereinafter referred to as 'the Finance Act') by the Assistant Commissioner of Commercial Taxes, Dhanbad, attaching the bank … words 'mutatis mutandis' means 'with necessary changes' (Chambers English Dictionary).In Ashok Service Centre v. State of Orissa [1983] 53 STC 1 (SC) ; (1983) 2 SCC 82 the Supreme Court, while explaining the words 'mutatis mutandis', held

Punjab National Bank Finance Ltd. Vs. Shital Prasad JaIn and ors.

Court : Delhi

Subject : Commercial

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 4; Transfer of Property Act, 1882 - Sections 53

Reported in : 1990(19)DRJ10

a very elaborate and detailed judgment reported in in the matter of Shri Shital Prasad Jain v. P.N.B. Finance Limited, the Division Bench held as follows : 'WEare, thereforee, of the view that the counter affidavits filed … that mast have been toe reason that for all these years from 1981 till the case was listed before me for the first time on … general rule propounded in Section 4. It says that nothing in this Act shall affect the provisions of Section 53 of the Transfer of Property Act, 1882 (hereinafter called the second Act) or any law replacing to a

Commissioner of Income-tax Vs. the Statesman Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 37(3A) and 37(3B); ;Finance Act, 1978; ;Finance Act, 1983

Reported in : [1992]198ITR582(Cal)

1961, at the time of its commencement but the same were first grafted in the Act by the Finance Act, 1978, with effect from April 1, 1979. These provisions were, however, subsequently withdrawn with effect from April 1, … 1978, with effect from April 1, 1979. These provisions were, however, subsequently withdrawn with effect from April 1, 1981.10. The object of inserting such a provision in the statute was explained by the Central Board of Direct … of law has been referred to this court by the Tribunal under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1984-85 :R.

Hindustan Tools and Forgings Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1990)(26)ECC205

+ Rs. 1,11,678.20 SED) as per Notification No. 209/83, dated 1-8-1983 as amended and Section 53 of the Finance Act, 1984. Further, a quantity of 18.075 M.T. of goods lying in the forging section of the factory for … course of checking of the stock books of raw materials of the party for the accounting years (1980-81, 1981-82, 1982-83 and 1983-84 upto 27-5-1984 (accounting year beginning from Ist July and ending on 30th June next year),

Commissioner of Income-tax Vs. D. Rani

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 45, 53, 54, 54B, 54D, 54E, 256 and 263

Reported in : [1996]218ITR724(AP)

section 54 of the Act. Section 54 of the Act was inserted in the Income-tax Act by the Finance Act, 1978, with effect from April 1, 1974, and it remained in the statute book till it was amended … occupied a house constructed for the purposes of her residence in April, 1981, but she sold the same on November 3, 1981. The cost of … : 'Where a capital gain arises from the transfer of a capital asset to which the provisions of section 53 are not applicable, being buildings or lands appurtenant thereto the income of which is chargeable under the head

Commissioner of Income-tax Vs. H.H. Lokendra Singh

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 45 and 48

Reported in : (1996)134CTR(MP)149; [1997]227ITR638(MP)

CIT v. B. C. Srinivasa Setty : [1981]128ITR294(SC) . 9. Section 45(1) of the Act inserted by the Finance Act, 1964, with effect from April 1, 1964, envisages that : ' 45. (1) Any profits or gains arising … the transfer of a capital asset effected in the previous year shall, save as otherwise provided in Sections 53, 54, 54B, [...] 54D, 54E, 54F and 54G, be chargeable to income-tax under the head 'Capital gains', and

Weikfield Products Co. (i)(P) Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2001)71TTJ(Pune.)518

counsel on the definition of 'slump sale' in section 2(42C) which was brought on the statute book by Finance Act, 1999, with effect from 1-4-2000 is also of no assistance to the assessee, because according to the definition … the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 53, 54, 54B, 54D, 54E, 54F and 54G, be chargeable to income-tax under the head 'capital gains' and shall

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

The judgment in Surat Art Silk .................................................................................................................. 11 D. Relevant changes brought about to the IT Act, 1961 (Finance Act, 1983 and 1991) ............................... 17 E. The judgment in Thanthi Trust .................................................................................................................. 18 F. Deletion of certain exemptions: … the Gujarat Maritime Board (GMB), is a statutory one, constituted under Section 3(2)65 of the Gujarat Maritime Board Act, 1981 (GMB Act); it performs functions which, prior to the enactment of the Act, were being performed directly by … Commissioner of Income Tax v. P. Krishna Warriar, (1964) 8 SCR36: (1964) 53 ITR176this court, citing and relying on In re, Trustees of the Tribune

Niko Resources Ltd. Vs. Union of India

Court : Gujarat

Subject : Land Acquisition

The Constitutional Bench judgment was delivered on 25.3.2004. The Explanation in Sections 42 and 293A was introduced vide Finance Act 1981 effective from 1.4.1981. Explanation of Section 44BB was again introduced vide Finance Act 1987 with retrospective effect from … power and competence to legislate on natural gas is available only to the Parliament by virtue of Entry 53 List I of the Seventh Schedule. 35.1 Entry 53 of List I of the Seventh Schedule reads as