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Sep 12 1988

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Decided on : Sep-12-1988

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

the course of his submissions, he has brought to our notice the words in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which the … Emigration Act, 1983,s.13(5) of the Consumer Protection Act, 1986, Section 14 of the Sick Industrial Companies (Special Provisions) Act, 1985, Section 19 of the Illegal Migrants (Determination by Tribunals) Act, 1983 and Section 95 of the Coast Guard Act, 1978,

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May 02 2012

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Decided on : May-02-2012

Subject : Excise

1957, Additional Duties of Excise (Textiles and Textiles Articles) Act, 1978 and special excise duty collected under the Finance Act. CVD was not specifically stipulated and treated as the duty paid under the notification No. 41/2001. It is … be decided is whether the Countervailing Duty (CVD) (Additional duty) leviable under Section 3 of the Customs Tariff Act, 1985 equivalent to the duty of excise paid on the imported inputs/materials used in the manufacture of exported goods … the Government of India under Section 35EE of the Central Excise Act, 1944(Act, for short). The said orders are authored by Joint Secretary to the

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Jun 04 2001

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Decided on : Jun-04-2001

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)606

is only with effect from assessment year 1997-98 that the new provisions of section 145(2) substituted by the Finance Act, 1995, have come into operation which alone have empowered the Central Government to notify Accounting Standards to be … to the Maharashtra Sales Tax on the Transfer of the Right to use any Goods for any Purpose Act, 1985. It is pointed out that levy of lease tax is under section 4 of the above Act, which … J.P. Bengra, Vice PresidentThese are appeals by assessee pertaining to assessment years 1994-95, 1995-96 and 1996-97. Since issues involved in these appeals are common and

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Oct 21 2011

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

Decided on : Oct-21-2011

Subject : Land Acquisition

that there is no provision in 1985 Act which required approval of NCRP Board before acquisition of land. Section 19 of the Act, 1985 clearly shows that same is regarding the observation and suggestions. In the rejoinder affidavit … no plan has been got approved by National Capital Regional Planning Board under National Capital Planning Regional Board Act 1985. Reliance of interim order passed in writ petition no.17068 of 2009 dated 7th August, 2009 was placed which … I project. Out of these 4471 bookings, about 65-70% bookings have been financed by banks/financial institutions and amount of Rs. 67.74 crores have been given

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Apr 08 2005

Suma Devi Vs. State of Kerala

Court : Kerala

Decided on : Apr-08-2005

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 5, 5(1) and 7(1); ;Kerala Finance Act, 2001 - Sections 1, 1(2) and 6; ;Kerala Finance Act, 2000 - Sections 7(1); ;Kerala Provisional Collection of Revenue Act, 1985; ;Constitution of India - Articles 14, 19(1) and 265

Reported in : 2005(2)KLT870; [2005]142STC170(Ker)

Section 7(1)(b) of the Kerala General Sales Tax Act, 1963 by Sections 1 and 6(c) of the Kerala Finance Act, 2001 (Act 7 of 2001) is under challenge in these cases. Writ petitioners are aggrieved by the introduction … Gazette Vol. XLVI (No. 1048 dt. 21.7.2001) which contained a declaration under the Kerala Provisional Collection of Revenue Act, 1985 to the effect that all the provisions of the Bill shall have immediate effect from the date of … amendments effected to Section 7(1)(b) of the Kerala General Sales Tax Act, 1963 by Sections 1 and 6(c) of the Kerala Finance Act, 2001 (Act

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Nov 14 2011

S.K. Srivastava Vs. Union of India Through Secretary, New Delhi and Ot ...

Court : Central Administrative Tribunal CAT Delhi

Decided on : Nov-14-2011

Subject : Direct Taxation

whenever required. In this background, he has come to the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):- “(i)  To set aside and quash the impugned order No.3 dt. 16.6.2011 issued … the instant OA reads as follows:   “F.No.Dir.(Hqrs) /Ch.(DT) /68 /01 / 2011 / 1520 Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) North Block, New Delhi 16th June, 2011 Order No.3 of

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Aug 11 2016

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

Decided on : Aug-11-2016

Subject : Service Tax

impregnated seed is a service, and this is liable to be taxed under the relevant provisions of the Finance Act as amended, read with the Rules that pertain to service tax. This is a central levy. The transaction … to use goods was governed by the Maharashtra Sales Tax on Transfer of Right to Use any Goods Act, 1985 ( Lease Tax Act ). Under this legislation, Monsanto India was not liable to pay any sales tax … Added Tax Act, 2002 ( the MVAT Act ); the definitions under Sections 65(105)(zzr), 65(55a) and 65(55b) of the Finance Act, 1994; and sub-clause (c) … Gazette. 5%1-4-2010 to date 8. The relevant provisions of the Finance Act, 1994 are set out below. 65. Definitions. In this Chapter, unless the context

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Apr 03 2006

Deepak Cochhar and anr. Vs. Indusind Bank Ltd.

Court : Mumbai

Decided on : Apr-03-2006

Subject : Civil

Acts : Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 19, 19(22), 20, 25 to 30, 34 and 34(1); Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 36 and 144 - Order 21 - Order 45, Rule 1; Consolidation of Holdings Act, 1954; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Court fees Act, 1870 - Schedule II - Article 11; Arbitration Act; Companies Act; Displaced Persons (Debts Adjustment) Act, 1951

Reported in : 2006(3)BomCR520; 2006(4)MhLj194

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984) and the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986).The provisions of section 34(1) clearly state that the RDB Act overrides other laws to the … or some other authority outside the Act for the actual realisation of the amount. The certificates granted under Section 19(22) has, in our opinion, to be executed only by the Recovery Officer. No dual jurisdictions at different stages

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Mar 18 2002

indore Education and Services Society and ors. Vs. Bank of India and o ...

Court : Madhya Pradesh

Decided on : Mar-18-2002

Subject : BankingCivil

Acts : The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 17(2), 18, 19, 19(3), 21, 22, 34, 34(1) and 34(2); Legal Services Authority Act, 1987 - Sections 19(3), 20, 20(1), 20(2), 20(5) and 21; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; ;Sick Industrial Companies (Special Provisions) Act, 1985; ;Court Fees Act, 1870; Constitution of India - Articles 226 and 227

Reported in : 2002(5)MPHT434

Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948, the State Financial Corporations Act, 1951, the Unit Trust of India Act, 1963, the Industrial … to such banks and financial institutions. Sub-section (2) of Section 17 deals with the power of Appellate Tribunal. Section 19 provides for filing of application to the Tribunal. Section 21 makes a provision for deposit of amount of … of India Act, 1984, and the Sick Industrial Companies (Special Provisions) Act, 1985.'15. Bare reading of Section 34 makes it clear that the provisions of

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Feb 21 2011

Union of India and ors. Vs. M/S. Ind-swift Laboratories Ltd.

Court : Supreme Court of India

Decided on : Feb-21-2011

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 32E(1), 32F(7), 32M

the provisions of Sections 11A and 11AB of the Excise Act or Sections 73 and 75 of the Finance Act, shall apply mutatis mutandis for effecting such recoveries."2 16. A bare reading of the said Rule would indicate … a manufacturer of bulk drugs, falling under Chapter 30 of the First Schedule to the Central Excise Tariff Act, 1985. The company received inputs and capital goods from various manufacturers / dealers and availed CENVAT credit on the … Chapter 30 of the First Schedule to the Central Excise Tariff Act, 1985. The company received inputs and capital goods from various manufacturers / dealers … Rs. 5,71,47,148/-. Since conditions/parameters for the admission of a case prescribed under Section 32E(1) of the Central Excise Act, 1944 [for short "the Act"] were

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