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Goodyear India Ltd. and anr. Vs. Union of India and ors.

Court : Delhi

Subject : Excise

Acts : Finance Act, 1982 - Sections 50; Central Excise Act; General Clauses Act, 1897 - Sections 6

Reported in : 41(1990)DLT194; 1990(49)ELT39(Del)

of Central Excise, thereby pointing out, that on a true and proper interpretation of Section 50 of the Finance Act, 1982, the exemption of set off, granted under the aforesaid notifications, would be availed of first, and the. special … day of March, 1983, except as respect things done or omitted to be done before such cessor and Section 6 of the General Clauses Act 1897 shall apply upon such cesser as if the said sub-section had then

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 … 17 of the Small Causes Courts Act, the expression is 'at the time of presenting the application'. In Section 6 of the Court-fees Act, the words are 'file' or 'shall be received'. It would appear from this that

Kanoria Chemicals and Ind. Ltd. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Excise

Reported in : 2000(68)ECC442

dated 31.8.1982. Before the revision was decided by the Government of India the Act was amended by the Finance Act 1982. Section 47 of the Finance Act, 1982 amended Section 4 of the Act and validated by inserting an explanation … vide Order dated 13.4.1983 had only stayed the demand created in pursuance of the orders contained in Annexures 6 to 9 to the writ petition. The hearing of the appeals were not stayed by this Court. The

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 … (P) Ltd. v. Union of India : AIR1993SC2063 , wherein, it has been held as under;The provision in Section 6 relating to entering into Chit agreement clearly shows that a contract has to be entered into between the

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 … v. Union of India : AIR 1993 SC 2063, wherein, it has been held as under:The provision in Section 6 relating to entering into Chit agreement clearly shows that a contract has to be entered into between the

Rambhai L. Patel Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(30), 6(6), 10, 10(4A), 92, 93, 168, 256(2), 263 and 271(1); Finance Act, 1968; Finance Act, 1982; Foreign Exchange Regulation Act, 1947 - Sections 73; Foreign Exchange Regulation (Amendment) Act, 1973 - Sections 2; Non-resident (External) Account, Rules, 1970

Reported in : [2001]252ITR846(Guj)

any rules made thereunder ;'15. The amended provision as substituted with effect from April 1, 1982, by the Finance Act, 1982, reads as under :'(4A) in the case of a person resident outside India, any income from interest on … the said definition has to be read in the context of the meaning of 'resident' as defined in Section 6 and 'not ordinarily resident' as defined in Section 6(6) of the Act. According to Mr. Kureshi, it was

Collr. of C. Ex. Vs. Tata Engineering and Locomotive Co. Ltd.

Court : Patna

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3, 11, 11A, 35G(1), 35G(3), 37, 37(16A) and 37(16B); Central Excise (Amendment) Act, 1978; Bombay Sales Tax Act, 1959 - Sections 33(6) and 35; Bombay Sales Tax Act, 1953 - Sections 14(6); Finance Act, 1982 - Sections 51; Limitation Act, 1963 - Schedule - Article 137; Central Excise Rules, 1944 - Rules 9, 10, 10A, 49 and 57A to 57J; Constitution of India - Article 14

cause of action. The question that is really involved is whether in view of Section 51 of the Finance Act, 1982, Section 11A should be ignored or not. In our view Section 51 does not, in any manner, affect the … of limitation in a demand for recovery of Modvat credit under Section 57-I of the Rules.11. Prior to 6-8-1977 the provisions concerning recovery of duties and the period of limitation for such recoveries were contained in Rules

Prakash S/O Timaji Dhanjode Vs. Income Tax Officer

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 2(7), 22 to 27, 32, 45, 54, 54F, 54F(1), 54F(4), 139(2), 156, 221 and 271(1); Finance Act, 1982; Transfer of Property Act - Sections 6

Reported in : (2008)220CTR(Bom)249; [2009]312ITR40(Bom)

Therefore, all these concepts are inter-linked. The scheme and purpose of Section 54F, which was inserted by the Finance Act, 1982 with effect from 01.04.1983 i.e. from the Assessment Year 1983-84 is with a view to encourage house construction. … reason why law regards transfer by a heir apparent of his chance of succession as non transferable under Section 6 of the Transfer of Property Act.11. ...In the present case, the assessee has not made any such claim.

Claridges Hotel Pvt. Ltd. Vs. Sales Tax Officer

Court : Delhi

Subject : Other Taxes

Acts : Constitution of India - Article 226; ;Delhi Sales Tax Act, 1975 - Sections 2, 2(1), 3, 4, 4(1), 30, 30(6) and 46; ;Constitution of India (Forty-sixth Amendment) Act, 1982 - Sections 6, 6(1), 6(2) and 6(3) - Schedule - Article 336; ;Bengal Finance (Sales Tax ) Act, 1941

Reported in : 125(2005)DLT445; 2005(85)DRJ580

now be taxed as a sale for purposes of sales tax legislation. He relied upon the provisions of Section 6 of The Constitution (Forty-sixth Amendment) Act, 1982 in support of his submission that any tax levied or collected … Ltd.'s case, the Supreme Court held, on an interpretation of the Bengal Finance (Sales Tax ) Act, 1941, as extended to Delhi, that when a … so. It is further alleged that in the light of the provisions contained in The Constitution (Forty-sixth Amendment) Act, 1982, no refund was admissible to the dealer and that the Commissioner of Sales Tax had in exercise of

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

may be, immediately before such consumption or utilisation.' 8. The result of enacting of Section 51 of the Finance Act, 1982 was that the amended rules 9 and 49 set out above, are deemed to have come into force … offences and penalties. It lays down that anyone contravening any of the provisions of a notification issued under section 6 or section 8, or of a rule made under clause (iii) of sub-section (2) of section 37 and