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Aug 22 2007

Jayanti Food Processing (P) Ltd. Vs. Commissioner of Central Excise, R ...

Court : Supreme Court of India

Decided on : Aug-22-2007

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2A, 2(17), 3(2), 4, 4A, 4A(1), 4A(2) and 6; Standards of Weights and Measures Act, 1976 - Sections 2, 83 and 83(2); Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Rules 1(3), 2, 2A, 3, 6, 6(1), 15, 16, 17, 23(1), 23(2), 29 and 34; Finance Act, 1997 - Sections 4A and 82; Central Excise Tariff Act, 1985

Reported in : 2007(121)ECC1; JT2007(10)SC327; (2007)8SCC34; [2007]10STT375; 2007(2)LC1002(SC)

Section 4A more particularly Sub-sections (1) and (2) thereof. Section 4A was added by Section 82 of the Finance Act, 1997 (Act 26 of 1997) which amendment was with effect from 14.5.1997. Section 4A, as it originally stood, … 20029. The assessee is engaged in manufacturing of Ice-cream falling under Sub-heading 2105 of the Central Excise Tariff Act, 1985. It used to supply the ice-cream in four litres pack to the Catering Industry or as the case … this sub-rule.Chapter III deals with the provisions applicable to wholesale packages. Rule 29 pertains to the declaration required to be made on every wholesale package.

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Jan 02 2006

Amritha Cyber Park (P) Ltd. Vs. Kerala Financial Corporation

Court : Kerala

Decided on : Jan-02-2006

Subject : Property

Acts : Kerala Revenue Recovery Act, 1968 - Sections 69, 69(2) and 71; Recovery of Debts due to Banks and Financial Institutions Act, 1999 - Sections 19 and 34(2); UP Public Monies (Recovery of Dues) Act, 1972; State Financial Corporations Act, 1951 - Sections 29, 31 and 32G; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963;Industrial Reconstruction Bank of India Act, 1984;Sick Industrial Companies (Special Provisions) Act, 1985;Small Industries Development Bank of India Act, 1989

Reported in : [2007]136CompCas446(Ker); 2006(2)KLT394

Act or the rules made thereunder 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 (63 of 1951), the Unit Trust … 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984), the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989(39 of 1989). Section 32 G … only refer to recoveries provided under the SFC Act, that is Sections 29 and 31 of the SFC Act, I do not find any such

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Aug 24 1992

Commissioner of Income-tax Vs. Kerala Financial Corporation Ltd.

Court : Kerala

Decided on : Aug-24-1992

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1)

Reported in : [1993]202ITR186(Ker)

v. CIT [1988] 174 ITR 206 besides with reference to the Statement of Objects and Reasons to the Finance Act, 1985. So far as the first ground is concerned, viz., that the decision of the Cambay Electric Supply Industrial … mean total income computed in accordance with the provisions contained in Sections 30 to 45A, as provided in Section 29, so as also to take into account deductions admissible under Section 36(1)(viii). What we have to bear in

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Jul 25 2003

Mittal Steels Ltd. and anr. Vs. Appellate Authority for Industrial and ...

Court : Karnataka

Decided on : Jul-25-2003

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 15, 17(3) and 18; Constitution of India - Article 227

Reported in : IV(2004)BC497; [2004]118CompCas661(Kar); [2004]56SCL92(Kar)

a fully tied up comprehensive rehabilitation proposal indicating clearly the means of finance in response to the advertisement with or without induction of a resourceful … respect of the reference made by the petitioner-company under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985. The petitioners complain that the proposal placed before the Board in the form of reference by the board … the desirability of taking over the property, effects and actionable claims to which the company is entitled, under Section 29 of the Act and submit their report to the Bench in this regard within two months positively.'6. The

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May 23 2008

Krishna Texport Industries Ltd. Vs. Dcm Limited

Court : Delhi

Decided on : May-23-2008

Subject : CompanyBanking

Acts : Negotiable Instruments Act, 1881 - Sections 2, 138, 141 and 542; Income Tax Act; Foreign Exchange Control Act; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2(1), 16, 17, 22, 22(1) and 25; State Finance Corporation Act, 1951 - Sections 29 and 31; Companies Act, 1913 - Sections 179; Provident Fund Act; Code of Criminal Procedure (CrPC) - Sections 482; Companies Act, 1956 - Sections 5, 10, 179(457), 391, 391(1), 391(2), 391(6), 433, 442, 446, 446(1), 446(2) 446(3), 454, 454(5A), 454(5), 457, 545, 621, 633 and 633(2)

Reported in : IV(2008)BC627; [2008]114CompCas113(Delhi); (2008)4CompLJ177(Del); 150(2008)DLT259; 2008(104)DRJ101; [2009]89SCL151(Delhi)

to the penal liability. What was considered in Maharashtra Tubes Ltd. (supra) is whether the remedy provided in Section 29 or 31 of the State Finance Corporation Act, 1951 could be pursued notwithstanding the ban contained in Section … and Anr. : 2000CriLJ1424 . The question arose whether Section 2(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (in short SICA) declaring out a sick company could bar the institution of criminal complaint against the company

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Jun 30 2008

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Decided on : Jun-30-2008

Subject : Civil

Acts : Presidency-Towns Insolvency Act, 1909 - Sections 9, 9(1), 9(2), 9(3) and 9(5); Recovery of Debts Due to Banks and Financial Institutions Act, 1994 - Sections 17, 17A, 17(1), 18, 19, 19(1), 19(4), 19(7), 19(12), 19(13), 19(17), 19(18), 19(19), 19(22), 20, 21, 22, 22(2), 23, 24, 25 to 30, 31A, 34, 34(1) and 34(2); Companies Act, 1956 - Sections 529A; Limitation Act; Income Tax Act, 1961; 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; Small Industries Development Bank of India Act, 1989; Uttar Pradesh Public Monies (Recovery of Dues) Act, 1972; Rajasthan Relief Undertakings (Special Provisions) Act, 1961; Ren

Reported in : 2008(6)BomCR340

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 Reconstruction Bank of India Act, 1984, the Sick Industrial Companies (Special Provisions) Act, 1985 and the Small Industries Development Bank of India Act, 1989.34. The Debts Recovery Tribunal (Procedure) Rules, 1993 prescribes … property in the manner laid down in the Third Schedule of the Income-tax Act, 1961 (43 of 1961). Section 29 provides for application of certain provisions of the Income-tax Act and it states that the provisions of the

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Sep 28 2006

S. Ragavachari Vs. V.S. Narayanan Director and Company Secretary S and ...

Court : Chennai

Decided on : Sep-28-2006

Subject : Consumer

Acts : Consumer Protection Act - Sections 27; Sick Industrial Companies (Special Provision Act), 1985 - Sections 22 and 22(1); Negotiable Instruments Act, 1881 - Sections 138 and 141; State Finance Corporation Act, 1951 - Sections 29 and 31; Constitution of India - Article 227

Reported in : [2007]136CompCas739(Mad); (2006)4MLJ1632

to the penal liability. What was considered in Maharashtra Tubes Ltd. (supra) is whether the remedy provided in Section 29 or 31 of the State Finance Corporation Act, 1951 could be pursued notwithstanding the ban contained in Section … dated 21.11.2000 and in view of the statutory protection under Section 22 of Sick Industrial Companies (Special Provision Act), 1985 (hereinafter called SICA), this forum has no jurisdiction and hence the petitioner/decree holder was directed not to file

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Feb 15 2024

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

Decided on : Feb-15-2024

Subject : Right to Information

establishing the double proportionality standard ...................................................... 103 b) Validity of the Electoral Bond Scheme, Section 11 of the Finance Act and Section 137 of the Finance Act ..................................................... 113 c. Validity of Section 154 of the Finance Act … was punishable with imprisonment which could extend to three years, besides being liable to fine.6. The Companies (Amendment) Act 1985 amended Section 293A9 to permit contributions to political parties and for political purposes once again. The 8 “Section … parties by companies and individuals. The Companies (Amendment) Act 1960 included Section 293A7 to regulate contributions by companies. The provision stipulated that companies cannot contribute

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Aug 25 2008

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-25-2008

Subject : SICABanking

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

and held that in view of the provisions of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereafter referred to as `SICA'), no recovery proceedings could be effected against the first respondent- Company in the … follow procedure laid down in Chapter IV. Chapter V relates to `Recovery of debt determined by the Tribunal'. Section 29 declares that the provisions of the Second and Third Schedules of the Income Tax Act, 1961 will apply … was the predecessor of the Stressed Assets Stabilisation Fund (`SASF' for short), financed the project undertaken by the Company by way of foreign currency loan

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Jun 25 1999

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-25-1999

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

into force." The Finance Act, 1984, reduced the quantum of deduction to 50 per cent w.e.f. 1st April, 1985. The CBDT Circular No. 387, dt. 6th July, 1984 (Chaturvedi & Pithisaria Compendium of Circulars Vol. 1 p. … incorporated mainly to encourage earning of the foreign exchange, inviting our attention to the relevant notes to the Finance Act, 1967, the learned counsel contended that s. 85C granted the deduction till asst. yr. 1972-73 when s. 80-O … s. 80-O. It was reiterated that s. 80-O is a stand alone section.Referring to the decision of the Supreme Court in the case of Distributors … -do- -do- 8. 7362/Mum/92 Tata Unisys Ltd. Shri V. H. Patil 9. 2973/Mum/94 -do- Shri Vipul Joshi & Shri S. M. Lala 10. Filed on

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