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A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65(12) and 65(105); Andhra Pradesh Chit Funds Act, 1971 - Sections 2 and 6; Finance (Amendment) Act, 2007 - Sections 65; Chit Funds (Amendment) Act, 1982; Reserve Bank of India Act, 1934 - Sections 41(1) and 45I; Constitution of India - Articles 14, 19(1), 226 and 265; Andhra Pradesh Chit Funds Rules

Reported in : 2009[13]STR350

therefore it was contended that even culling out from the definition of the chit under the Chit Funds Act, 1982, there being an element of finance involved, it attracts cash management and asset management. Further, it has been … 14, 19(1)(g) and 265 of the Constitution of India and Section 65(12) read with Section 65(105)(zm) of the Finance Act, 1994 and to set aside the same. The case of the petitioners is that they are doing business

Collector of Central Excise Vs. Belapur Sugar and Allied

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1986)(6)LC52Tri(Delhi)

notification was issued, in the place of Clause 50(4) of the Finance Bill, 1882, Section 50(4) of the Finance Act, 1982 was substituted. Second, para 4 (reproduced earlier) was substituted by the following para- "Where production during May to

Commissioner of Income-tax Vs. Deoria Public Charitable Trust

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11, 11(2), 11(5), 13, 13(1) and 13(5); ;Finance Act, 1983; ;Companies Act, 1956 - Section 617

Reported in : [1992]196ITR110(Cal)

1983-84.6. We have considered the rival contentions. Section 13(1)(d) of the Income-tax Act, before its amendment by the Finance Act, 1983, provided that the exemption under Section 11 shall not operate for the assessment year 1983-84 or any … accounting year relevant to the assessment year 1983-84 ended on September 30, 1982. The assessee invested its assets in shares of private companies. The assessee … of any charitable or religious trust or institution will not be entitled to exemption under Section 11 or Section 12 if, for any period during the previous year--(i) any funds of the trust or institution are invested or

Indian Oil Corporation Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1986)(6)LC657Tri(Delhi)

while the appellants claimed that they were absolved from payment of the special excise duty payable under the Finance Act of the respective years the department contests the same.9. Notification No. 151/81 permits, on compliance with the necessary … this judgment Ordinance No. 1 of 1982 was promulgated which was then replaced by Act No. 58 of 1982. Section 2(3) of the said Act read as follows. "Where any Central law providing for the levy and collection … of Section 25. Once exemption is granted under Section 25 (1) it would mean that, as envisaged by Section 12 of Customs Act, the exemption notification "provides otherwise" and the goods are not chargeable to duty under Section

J.K. Synthetics Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 2(23), 8, 12, 12(2), 14, 14(1), 15, 25, 25(1) and 47; Customs Tariff Act, 1975 - Sections 3, 3(1) and 9A; Tariff Act, 1934 - Sections 2A; Central Excises Act, 1944; Wealth Tax Act, 1957 - Sections 2; Finance Act 1982; Central Excise Laws (Amendment and Validation) Ordinance 1982; Central Excises and Salt Act, 1944; Central Excise Rules - Rule 8(1)

Reported in : 138(2007)DLT660; 2006(204)ELT369(Del)

a special excise duty at 5% of the 15% basic excise duty was payable by virtue of the Finance Act 1982 read with Notification No. 25/82-CE dated 28.2.1982. 5. On 19.7.1982 the present writ petition was filed seeking, inter … Court in Hyderabad Industries Ltd. v. Union of India : 1999(108)ELT321(SC) in the following passages (SCC, p. 25):12. Section 12 of the Customs Act levies duty on goods imported into India at such rates as may be specified

Commissioner of Central Excise Vs. Siv Industries Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Land Acquisition

Reported in : (1999)(112)ELT251Tri(Chennai)

been inserted in Section 3 of the Central Excises and Salt Act, 1944 vide Section 46 of the Finance Act, 1982 (14 of 1982). In view of the provisions of this proviso, basic excise duty leviable on the goods … is leviable at an amount equal to an aggregate of the duties of customs which are leviable under Section 12 of the Customs Act, 1962 on like goods produced or manufactured outside India if imported into India. The

Sri Parimal and anr. Vs. State and ors.

Court : Patna

Subject : Civil

Statutory Interpretation by G.P. Singh, 4th Edition page 352-253).19. It is thus obvious that Part II of the Finance Act, 1982 is a comprehensive Code by itself. Where by reason of insertion a complete Code is included by repealing … of any violation of the provisions of the Finance Act, the Commercial Taxes authorities were duly empowered under Section 77(a) of the Finance Act to take a suitable action. But, the District Magistrate had no jurisdiction to … to the petitioners by a notice published in the leading newspapers on 12/13th October, 1991 asking all the persons to remove such unauthorised hoardings. But

Kamaraj Spinning Mills Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : Customs

Acts : Customs Act, 1962 - Sections 12, 25 and 25(1); Customs Tariff Act, 1975 - Sections 2, 3, 3(1), 3(6) and 25; Central Excise Act, 1944; Customs Act, 1878 - Sections 20(2); Finance Act, 1978; Income Tax Act; Finance Act, 1982 - Sections 44; Constitution of India; Central Excise Rules, 1944 - Rule 8(1)

Reported in : 1983LC1462D(Kerala); 1983(14)ELT1751(Ker)

in the First Schedule. The auxiliary duty of customs which has been imposed by Section 44 of the Finance Act, 1982, cannot be covered even within the terms of this notification. Madras High Court has stated that the additional … on the act of importation or exportation. It is contended that duty of customs shall be levied under Section 12 of the Customs Act, at such rates as may be specified and/or the Customs Tariff Act or any

Lakshmi Srinivas Savings and Chit Funds Syndicate Private Limited Vs. ...

Court : Chennai

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 12 and 12(1); Banking Regulation Act, 1949 - Sections 8

Reported in : IV(2008)BC198

same company and no separate company was registered to perform finance business independently.12. Section 12 of Chit Funds Act, 1982 reads thus:Prohibition of transacting business other than chit business by a company-(1) Except with the general or special

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002

Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332

constitutional validity of Sub-section 1(a) to Section 4 of the Kerala Chitties Act, 1975 introduced by the Kerala Finance Act, 2002 (Act 7 of 2002) with effect from 1.4.2002 as beyond the legislative competence of the State Legislature … be read in isolation. The same has to be read along with Section 1(3) of the Chit Funds Act, 1982. Section 1(3) of the Act states that the Chit Funds Act, 1982 shall come into force on such date … 11 deal with the particulars relating the Variola and filing it with the Registrar and endorsement thereof etc. Section 12 states that the drawing of the chitty should be at the time and place mentioned in the variola.