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O.C. Corporation and ors. Etc. Etc. Vs. State of Bihar and ors.

Court : Patna

Subject : Constitution

have challenged the validity of the provisions ofSub-section (2a) and Sub-section (2b) of Section 31 of the Bihar Finance Act (hereinafter mentioned as the 'Act') and the rules framed there under on the following grounds:(i) 'The provisions of … Prasad Debukaand Anr. v. State of Bihar and Ors. again the Notification No. S.C.. 1432 dated December 18, 1985 adopting Forms No. 28A and 28B to be carried by a goods carrier, transporting goods through the State

Tungabadra Sugar Works Mazdoor Sangh Represented by Its President Vs. ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 442, 446, 446(1), 456, 457, 529A, 530 and 537; Income Tax Act, 1961; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19(7), 19(19), 19(22), 25 to 30, 32, 34, 34(1) and 34(2); State Financial Corporations Act, 1951 - Sections 31 and 46B; 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; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Income Tax Rules - Rules 38 and 52(2); Companies (Court) Rules, 1959 - Rules 9 and 117; Recovery of Debts Due to Banks and Financial Institutions Rules; Constitution of India - Articles 136, 226 and 227

Reported in : (2009)8MLJ15

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 … discussed in International Coach Builders Ltd. The Debts Recovery Tribunal and the District Court entertaining an application under Section 31 of the SFC Act should issue notice to the Liquidator and hear him before ordering a sale, as

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

Court : Supreme Court of India

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 … 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 … to claim interest on the amount of Rs. 50 lacks up to 31.01.2007 as the said amount already stood deposited on 08.03.2006. 3 The respondent

Allahabad Bank Vs. Canara Bank and Another

Court : Supreme Court of India

Subject : BankingCompany

Acts : Companies Act, 1956 - Sections 19, 232(1), 442, 445, 446, 529A and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 20, 22, 25 and 34; Constitution of India - Articles 226, 227 and 323A; Banking Regulation Act, 1949 - Sections 5; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 - Sections 3; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Companies (Amendment) Act, 1960; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Old Companies Act, 1913 - Sections 171; Banking Companies Act, 1949 - Sections 45C; Civil Procedure

Reported in : 2000(3)ALLMR(SC)475; 2000(2)CTC723; JT2000(4)SC411; 2000(3)SCALE169; (2000)4SCC406; [2000]2SCR1102; AIR 2000 SC 1535; MANU/SC/0262/2000

the Industrial Credit and Investment Corporation of India Ltd; (ii) the Industrial Finance Corporation of India; (iii) the Industrial Development Bank of India; (iv) the … financial institutions and includes the liability incurred and also liability under a decree or otherwise. In this context Section 31 of the Act is also relevant. That Section deals with transfer of pending suits or proceedings to 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 extent

Nageswara Rice Working Co. Vs. Income-tax Officer.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1989)30ITD143(Hyd.)

remedy.12. In this connection, we may also refer to the amendment to section 43B brought in by the Finance Act, 1987. This amendment makes it clear that where a payment is actually made on the dates on which … been relied on. One of them is the case of Satyanarayana Swamy [IT Appeal No. 106 (Hyd) of 1985 dated 22-9-1986]. As per this authority if a payment is made long before the date on which the … provision for payment is made and the payment also is effected before 31-3-1984 it will not attract the provisions of section 43B. The third submission

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

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 … Rs. 10,55,65,200. The said lease agreement is given at pages 1 to 31 of the paperbook. The schedule to the agreement mentions the date of

The India Cements Ltd Vs. Commissioner of Central Excise

Court : Chennai

Subject : Excise

the assessee/appellant herein placed reliance on the circular No.276/110/96-TRU dated 2.12.1996, wherein, the Government of India, Ministry of Finance (Department of Revenue), Tax Research Unit, New Delhi, specifically pointed out the scope of Clause (d) of Explanation … in sub rule (1), - (a)... (b)... (d)following goods falling within the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) and used in the factory of the manufacturer- (i) all goods falling under heading Nos.84.02, … No.1, Williams Road, Cantonment, Trichy-1. .... Respondent Civil Miscellaneous Appeal filed under Section 35G of the Central Excise Act, 1944 against the final order No.1028/2004 … of the Central Excise Rules 1944 during the period from 23.7.1996 to 31.8.1996?. b. Whether the Customs, Excise & Service Tax Appellate Tribunal, Chennai is

S. Vaidyanathan, Income-tax Officer Vs. Dr. B. Mathuram and Sons and O ...

Court : Chennai

Subject : Direct Taxation

Reported in : (1989)76CTR(Mad)80; [1989]179ITR463(Mad)

second part of the argument of learned counsel for the revision petitioner (sic) is that as per the Finance Act, 1985 the Income-tax officer, among others. has been declared to be a court. Section 136 of the Income-tax Act, … the balance sheet filed by the accused along with its return of income for the year ended March 31, 1975, nor was the interest received from the abovesaid deposits disclosed in the return of income for the

Vinod Trading Co. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Acts : Assam General Sales Tax Act, 1993 - Sections 2, 2(34), 5A, 17, 17(2), 17(4), 17(5), 18 and 18(1); Central Sales Tax Act, 1956 - Sections 21; Assam General Sales Tax Rules, 1993 - Rule 2; Andhra Pradesh General Sales Tax (Amendment) Act, 1985 - Sections 14; Assam Finance (Sales Tax) Act, 1956 - Sections 20; Haryana General Sales Tax Act, 1973 - Sections 31; Income Tax Act, 1922 - Sections 34; Income Tax (Amendment) Act, 1961 - Sections 147

scope of power of the Commissioner under Section 20 of the Assam Finance (Sales Tax) Act, 1956 to effect a suo motu revision of any … while dealing with the scope and ambit of Section 14 of the Andhra Pradesh General Sales Tax (Amendment) Act, 1985 for reopening of assessment holding that in the exercise of such power, the authority concerned has to have … of Agriculture.28. That an audit note received by the assessing authority was not a 'definite information' comprehended in Section 31 of the Haryana General Sales Tax Act, 1973 which justified reassessment of tax was held by the High

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

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 … of the People Act 19514, the Income Tax Act 19615, and the Companies Act 20136. A. Background 2. Section 31 of the RBI Act stipulates that only the RBI or the Central Government authorized by the RBI Act