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Collector of Customs, Madras Vs. Tungabhadra Fibres Ltd.

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 15, 15(1), 59, 60, 61, 68 and 72; Customs Tariff Act, 1975

Reported in : 1994(46)ECC65; 1994(71)ELT655(Mad)

enhanced duty taking advantage of the enhanced rate of auxiliary duty on account of the provisions of the Finance Act, 1983. In so far as the levy of interest at 6% from 14-9-1983 to 28-11-1983 on the entire amount … the amount of duty for execution of warehouse Bond as per Sec. 59 of the Act. On the execution of the Bonds (Nos. 4467 and … for home consumption had been filed but that had not been properly appreciated by the learned Judge. 8. Section 68 of the Act provides for clearance of warehouse goods for home consumption and states that the importer

Commissioner of Central Excise Vs. Special Prints Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2002)LC788Tri(Mum.)bai

for levy of interest. Prior to 13-5-83, Section 61 did not provide for recovery of interest. In the Finance Act, 1983, sub-section (2) which provided for recovery of interest on warehoused goods remaining in the warehouse beyond the prescribed … 6-9-93,18% from 20-9-88 and 20% from 23-12-91 until the date of actual payment under Section 61{2) read with Section 59 of the Customs Act, 1962. The notice was confirmed by the Asstt. Commissioner whose order was set aside

Kirloskar Pneumatic Co. Ltd. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

Reported in : (1992)(58)ELT212Tri(Mum.)bai

be applicable in respect of goods warehoused prior to 13-5-1983. He also contended that Section 50 of the Finance Act, 1983, under which the amendment of Section 61 has been carried out is not retrospective in operation and in … and cleared after that date will be only 6% and not 12% or no interest. Hence as per Section 59(b) of the Customs Act, 1962, the appellants are required to pay interest at 6% per annum and accordingly

Cit Vs. Sabari Enterprises

Court : Karnataka

Subject : Direct Taxation

Reported in : [2008]298ITR141(KAR); [2008]298ITR141(Karn)

giving statutory deductions of payment of tax under the provisions of the Act, Section 43B(b) was inserted by Finance Act, 1983 which came into force with effect from 1-4-1984. Therefore, again the provision of Section 43B(b) clearly provides that … supports the case of the assessees and also relevant paras extracted from Allied Motor's case (supra) and para 59 referred to supra in this judgment from the Finance Bill with all fours support the case of the

Bharat Hari Singhania and Others Etc. Etc. Vs. Commissioner of Wealth- ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 7, 16A, 23, 24, 27(3) and 46(2); Indian Income-tax Act, 1922 - Sections 4(3) and 66(1); Income-tax Act, 1961; Direct Tax Laws (Amendment) Act, 1989; Companies Act;

Reported in : AIR1994SC1355; (1994)118CTR(SC)125; [1994]207ITR1(SC); JT1994(2)SC6; 1994(1)SCALE644; 1994Supp(3)SCC46; [1994]1SCR1033

of assets by the two provisos (Provisos 1 & 2) appended to the definition of 'assets' by the Finance Act, 1980 with effect from April 1, 1981 and Finance Act, 1982 with effect from April 1, 1983 respectively. … gets an exemption of 60% of the profits as agricultural income in accordance with Rule 24 framed under Section 59 of the Indian Income Tax Act, 1922 the dividend income received by the shareholder of such company is

M/S. Hindustan Zinc Ltd. Etc. Vs. Andhra Pradesh State Electricity Boa ...

Court : Supreme Court of India

Subject : Electricity

Acts : Electricity (Supply) Act, 1948 - Sections 2, 3, 4-B, 5, 6, 7, 12, 16(5), 37(1), 49, 59, 60, 61, 63, 64, 65, 66-A, 67, 78-A and 79; Electricity (Supply) (Amendment) Act, 1978; Constitution of India; Local Authorities Loans Act, 1914; Electricity Act, 1947

Reported in : AIR1991SC1473; JT1991(2)SC403; 1991(1)SCALE869; (1991)3SCC299; [1991]2SCR643

Board shall not show undue preference to any person.xxx xxx xxxSection 59 prior to 1978General principles for Board's finance. The Board shall not, as far as practicable and after taking credit for any subventions from the State … Act No. 23 of 1978 and thereafter, by Act No. 16 of 1983, which came into effect from April 1, 1985 only. The Kerala case … plan its activities with a view to derive any sizeable profits on its undertaking except in accordance with Section 59 of the Electricity (Supply) Act, 1948 (hereinafter referred to as 'the Supply Act'); (3) The Board could not

National Textile Corpn. Ltd. Vs. Sitaram Mills Ltd. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Textile Undertakings (Taking over of Management) Act, 1983 - Sections 2, 3(1) and 3(2); Constitution of India - Article 39; Companies Act, 1956 - Sections 149(2A); Income Tax Act, 1922 - Sections 2(4) and 24(2); Income Tax (Amendment) Act, 1961 - Sections 2(13)

Reported in : AIR1986SC1234; (1986)88BOMLR662; [1987]61CompCas373(SC); (1986)2CompLJ261(SC); 1986(1)SCALE657; 1986Supp(1)SCC117; [1986]2SCR187

Bombay (for short 'the petitioners') while upholding the constitutional validity of the Textile Undertakings (Taking Over of Management) Act, 1983 insofar as it provides by Section 3(1) of the Act for the taking over by the Central Government … including the addition of an updated process house involving a total outlay of Rs. 2 crores which was financed through loans taken from the National Industrial Development Corporation. During the 60s, the Company's performance had only been

industrial Finance Corporation of India and anr. Vs. Shama Forge Co. L ...

Court : Delhi

Subject : Commercial

Acts : Industrial Finance Corporation Act, 1948 - Sections 30; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : 1993IIIAD(Delhi)461; 51(1993)DLT381; 1993(27)DRJ199

D.P. Wadhwa, J. (1) A petition Civil Misc. (Main) 85/74 under section 30 of the Industrial Finance Corporation Act, 1948 (for short 'the Act of 1948') and two suits (Suit No. 430/81 and Suit No. … I Rules 8A and 10 of the Code of Civil Procedure. The application was filed on 1 November 1983, but by order dated 31 March 1987 it was dismissed when the court held that the applicants were … 179/82) have been heard together along with yet another suit (Suit No. 59/73). Under this Act of 1948 a corporation called the Industrial Finance Corporation

Commissioner of Income-tax Vs. Ronald William Trikard and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(25A) and (45), 4, 5, 5(2), 9, 9(1) and 293A; Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Sections 3, 6, 6(6), 7 and 7(7)

Reported in : [1995]215ITR638(Mad)

areas have always been a part of the territory of India would render the notification redundant. (3) The Finance Act, 1981, introduced section 293A in the Income-tax Act. The said section, inter alia, empowers the Central Government to … Palkhivala's Law and Practice of Income-tax, 7th edition, vol. 1, pages 58, 59). Therefore, it is clear that whenever the Legislature wanted the income of … Somasundaram, J. 1. All these tax cases relate to the assessment year 1983-84. The assessee are foreigners and non-residents employed by Sedco International S. A., a non-resident company. Sedco International was

Deputy Commissioner of Vs. British Motor Car Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (1996)57ITD565(Delhi)

charge against the asset, viz., 'Pratap Building'. Drawing our attention to the provisions of section 40 of the Finance Act, 1983, it was argued that since a part of the asset was taxable it is only the proportionate debt, … Haryana. The transfer of interest in the property by way of equitable mortgage could require no registration under section 59 of the Transfer of Property Act. No distinction can be made between different types of securities, hence the