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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 … asset management. Further, it has been pointed out that as per Section 41(1) of the Reserve Bank of India Act, 1934, chit funds are categorized

The Andhra Pradesh Federation of Chit Funds, a Public Society Rep. by ...

Court : Andhra Pradesh

Subject : Service TaxBanking

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

Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)

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 … asset management. Further, it has been pointed out that as per Section 41(1) of the Reserve Bank of India Act, 1934, chit funds are categorized

J.K. Cotton Spinning and Weaving Mills Company Ltd. Vs. Collector of C ...

Court : Supreme Court of India

Subject : Excise

Acts : Constitution of India - Articles 19(1) and 136; Finance Act, 1982 - Sections 35L and 51(2); Central Excise Act, 1944 - Sections 11A - Rules 9, 49 and 173-F; Code of Civil Procedure (CPC), 1908 - Order 41, Rule 22

Reported in : AIR1998SC1270; 1998(60)ECC494; 1998(99)ELT8(SC); JT1998(2)SC293; 1998(2)SCALE204; (1998)3SCC540; [1998]2SCR102

within the factory. That amendment later gained incorporation in a legislative enactment also, vide Section 51(2)(d) of the Finance Act 1982 by which it was given retrospective effect from 1944. Though the appellant challenged the aforesaid amendments first in … for reversal of the said finding in this appeal on the footing of the principle adumbrated in Order 41 Rule 22 of Civil Procedure Code, 1908. Shri Joseph Vallapalli, learned senior counsel opposed reopening the said finding

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9, 11, 11A and 35F; Finance Act, 2003 - Sections 154 and 154(3); Finance Act, 1982 - Sections 51; Haryana General Sales Tax Act, 1973 - Sections 39 and 39(5); Small Causes Courts Act - Sections 17; Court-fees Act - Sections 6; Customs Act; Central Excise Rules, 1944 - Rules 8(1), 9 and 49; Code of Civil Procedure (CPC) - Order 41, Rule 1; Constitution of India - Articles 14, 19(1) and 226

duty. Referring to paragraph 31 of the judgment, he submitted that the provisions of Section 51 of the Finance Act, 1982 by which retrospective effect to the amendments of Rules 9 and 49 of Central Excise Rules, 1944 was … available to them in terms of Notification No. 32/1999 dated 8.7.1999..The Union of India preferred SLP (c) No. 4131-34/2003 against the judgment in writ appeal.14.5.2003 : By the Finance Act, 2003, the benefit of Notification No. 32/1999

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. Gujarat State Fertilizers Co. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 43(1), 43A and 43A(1)

Reported in : (2003)179CTR(Guj)266; [2003]259ITR526(Guj)

(No. 2) Act of 1967, with effect from April 1, 1967, whereas Section 32A was inserted by the Finance Act, 1976, with effect from April 1, 1976. Hence, the non obstante clause in Section 43A could not have … as business expenditure. Vide order in I. T. R. Nos. 968,1235 and 2168/Ahd of 1979, dated April 7, 1982, the Tribunal had taken the view that payment of interest on deferred credit facility was allowable as business … and (5)) Section 43(1) and Section 43A(1) :'43. In sections 28 to 41 and in this section, unless the context otherwise requires-- (1) 'actual cost'

India Pistons Limited Vs. Assistant Collector of Central Excise, Madra ...

Court : Chennai

Subject : Excise

Acts : Companies Act, 1956; Central Excise Rules, 1944 - Rule 223-A; Central Excise Act - Sections 11-A; Central Excises Act - Sections 35, 35-B(2), 35-EE and 35-EE(2); Customs Excise and Gold (Control) Appellate Tribunal (Procedure) Rules, 1982 - Rule 41

Reported in : 1987(12)ECC243; 1987(27)ELT651(Mad)

the jurisdiction of the Tribunal, Rule 41 of the Customs Excise and Gold (Control) Appellate Tribunal (Procedure) Rules, 1982 is wider in its comprehension. Therefore, the order of transfer is unexceptionable. In this case, having come to … Tribunal was not maintainable, in view of the amendments to the Central Excises & Salt Act by the Finance Act, 1984. It was stated that any appeal in respect of loss of goods or shortage of goods in … demand made by the first respondent was carried under the provisions of Section 11-A of the Central Excise Act. It was further contended that the

Assistant Commissioner of Income Vs. Hyt Engineering Co. Pvt. Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2005)93TTJ(Pune.)16

there is no loss of revenue and undue enrichment, Sub-section (1) of Section 41 was substituted by the Finance Act, 1982, so as to bring to tax the amount or benefit, as the case may be.13. In this case

Mahindra and Mahindra Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 32, 37, 41 and 41(1)

Reported in : (2003)182CTR(Bom)34; [2003]261ITR501(Bom)

for purchase. That the Government of India had directed the assessee to obtain a loan in order to finance a purchase because, at that time, there was acute shortage of foreign exchange. That the promissory notes were … we have answered the questions as per Reference Application No. 1561 of 1982 filed by the assessee and Reference Applications Nos. 1708 of 1982 and … deduction of Rs. 27,29,585 by way of depreciation on the cost of machinery and toolings, was taxable under Section 41(1) of the Income-tax Act as the cost of the machinery/ toolings being forgone by Kaiser Jeep Corporation during

Dunlop India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1992)41ITD582(Kol.)

amount. In support of this claim the assessee relied on first proviso to Section 43B inserted by the Finance Act, 1987 which, as per decision of the Tribunal in ITO v. K.S. Lokhandwala [1989] 31 ITD 305 (Ahd.) … have remained unaffected. But in the inpugned order the learned CIT(A) had only added Rs. 625 lakhs under Section 41(1) of the Act without appreciating facts of case or relevant law.The enhancement of income was beyond jurisdiction and