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P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two … the Customs Act. He also drew our attention to the provisions of Section 11(f) of the Administrative Tribunal Act, 1985 and submitted that the terms and conditions of the Railway Tribunal contained similar provisions which barred members and … Jaswant Kaur (supra) and struck down a similar provision, that is, Section 48(8) of the Karnataka Land Reforms Act, 1961 which barred legal practitioners from

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

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 … CIT vs. B. N. Bhattacharjee (1979) 118 ITR 461 (SC) at p. 480 their Lordships of the Supreme Court quoted the following by Per Denning

Assistant Commissioner of Vs. thermoflics India

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Subject : Direct Taxation

Reported in : (1997)60ITD554Jab

1-4-1988, because of insertion of section 45(4) and also deletion of section 47(2). Section 45(4) inserted by the Finance Act, 1987, w.e.f. 1-4-1988 reads as under : "(4) The profits or gains arising from the transfer of a … of body, of the previous year in which the said transfer takes place and, for the purposes of section 48, the fair market value of the asset on the date of such transfer shall be deemed to be

industrial Machinery Associates Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)81ITD482(Ahd.)

beyond the purview of taxation under Section 45. The learned counsel argued that Section 50B introduced by the Finance Act, 1999 w.e.f. 1st April, 2000 brought the transaction of slump sale within the purview of capital gains under … as defined in Clause (ga) of Sub-section (1) of Section 3 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986)." Under the Sick Industrial Companies Act Section 3(1)(ga) defines the expression 'net worth' as the … AO and held that the computation of capital gain is in accordance with the computation provision contained under Section 48 of the IT Act and the decision of Hon'ble Supreme Court in the case of CIT v. B.C.

In Re: U.P. Cement Corporation Ltd. (In Liquidation)

Court : Allahabad

Subject : Company

Acts : Companies Act, 1956 - Sections 443, 446, 457, 457(1), 466, 643(1) and 643(2); Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 20 and 20(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Companies (Court) Rules, 1959 - Rules 272 to 274

Reported in : [2002]112CompCas562(All)

directed to submit rehabilitation proposal with the help of Tata Consultants within two months indicating the means of finance. No proposal was received by the Board within the time indicated. By the same order of the BIFR … of India, Allahabad Bank and IDBI were directed under Section 21 of the Sick Industrial Companies (Special Provisions) Act 1985, to prepare a complete inventory of all assets and liabilities and lists of registers/records/documents of shareholders and creditors … any decision in this regard must be taken as expeditiously as possible. 48. After winding a company under Companies Act, either as creditors winding up

Noel Harper Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

of 2016) and Finance Act, 2018 (13 of 2018).16. The Central Government in exercise of powers conferred by Section 48 of the 2010 Act framed the 2011 Rules, which came into force on 1.5.2011. Further, the Central Government … integrity of the country. 6615. The 2010 Act came to be amended on two occasions until recently, vide Finance Act, 2016 (28 of 2016) and Finance Act, 2018 (13 of 2018).16. The Central Government in exercise of powers … Act. Certain changes were brought about to that Act in the year 1985, making it more effective. The 2010 Act had been the outcome of

State of Rajasthan Vs. Uka and ors.,

Court : Rajasthan

Subject : Tenancy

12. The Act of 1974 undergone certain important amendments under the Rajasthan Agricultural Credit Operations (Removal of Difficulties)(Amendment) Act, 1985 with additional statement of objects and reasons, as follows:In order to facilitate adequate flow of credit by commercial … 49-A . Special provision for exchange by members of scheduled castes or scheduled tribes' Notwithstanding anything contained in Section 48 and 49, no tenant who is a member of a scheduled caste or scheduled tribe shall have the … therein which inhibit the entry of commercial Banks into the field of financing of agriculture. It will, therefore, be necessary to modify these laws for

Vindhyachal Distilleries Pvt. Ltd. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Service Tax

Acts : Finance Act, 2005 - Sections 65(76), 68 and 69; Central Excise Act, 1944 - Sections 2; Madhya Pradesh Excise Act, 1915; Central Excise Tariff Act, 1985; Finance Act, 1994 - Sections 65, 66 and 68(1); Madhya Prades General Sales Tax Act, 1958 - Sections 2; Madhya Pradesh Country Spirit Rules, 1995; Madhya Pradesh Country Spirit Rules, 1995 - Rules 2A and 3(3); Service Tax Rules, 1994 - Rules 4A, 4A(1) and 6; Service Tax (Amendemnt), Rules 1997 - Rule 2; Service Tax Rules, 1944

Reported in : (2007)7VST197(MP)

Distilleries Pvt. Ltd. (in W.P. No. 2346/2006).3. It is further averred that on 16.6.2005 Section 65(76)(b) of the Finance Act, 2005 was amended and 'Packaging Activity' was also brought within the ambit of service tax. On 9th September, … excisable goods means goods specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985. Chapter 22 of the Central Excise Tariff Act, 1985 covers Beverages, Spirits and Vinegar, however, as per Chapter … well as an indirect significance depending on the context. (SCC p.329, paras 48, 50).51. Taxable services, therefore, could include the mere providing of premises on

Shiv Mohan Lal and ors. Vs. Commissioner of Income Tax.

Court : Allahabad

Subject : Direct Taxation

Reported in : (1998)144CTR(All)6

509 (SC) followed. Application : The ratio of present case is not applicable to current assessment years. The Finance Act, 1987, made an important insertion of sub-section 3 of section 45, whereby the contribution of capital asset to … to the firm by the assessee as his contribution towards its capital cannot fall within the terms of section 48 and that such a case must be regarded as falling outside the scope of capital gain tax altogether.

Uoi and ors. Vs. Sansar Chand

Court : Delhi

Subject : Education

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: August 07, 2013 Judgment Delivered on: August 27, 2013 W.P.(C) 8510/2011 UOI & ORS. Represented by: .....Petitioners Mr.Rajesh Katyal, Advocate versus...