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Commissioner of Income Tax Vs. Khoday Industries Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 256(1), 263, 119, 119(1), 119(2), 404(4); Finance Act, 1984 - Sections 8(c); Finance Act, 1985; Finance Act, 1966 - Sections 2(7)

Reported in : [2006]285ITR523(KAR); [2006]285ITR523(Karn)

to have a look at the relevant provision as provided under Section 8(c), Finance Act, 1984, and the Finance Act, 1985, which reads as follows:8(c)-'industrial company' means a company which is mainly engaged in the business of generation or

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 … Finance Trust Limited (hereinafter called RCFTL) for a total consideration of Rs. 8,03,38,800. The assessee thereafter entered into a lease agreement with RCFTL and leased

Commissioner of Income-tax Vs. Navjivan Roller and Pules Mills

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 40A(8), 43B and 51; Companies Act, 1956 - Sections 620A; Finance Act, 1985; Finance Act, 1975; Banking Regulation Act, 1949

Reported in : [2001]251ITR661(Guj)

of law which concern the issue before us.7. 40A(8) : Sub-section 8 has since been omitted by the Finance Act, 1985, with effect from April 1, 1986. During the assessment years in question 1978-79 and 1979-80, Sub-section (8) of

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

Court : Kerala

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 … whether, on the facts and in the circumstances of the case, the assessee is entitled to deduction under Section 36(1)(viii) of the Income-tax Act, 1961, on the total income before making any deduction under Section 36(1)(viii) ?2. … was clarificatory and not amendatory. The Bench observed as follows (at page 828) :'The opening part of Section 2 which contains various definitions clearly provides

Assam Brook Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ExciseCivil

Acts : Central Excise Tariff Act, 1985; Central Excise Act, 1944 - Sections 3 and 5A; Additional Duty of Excise (Goods of Special Importance) Act, 1957; Additional Duties of Excise (Textile and Textile Articles) Act, 1978; Finance Act, 1978 - Sections 32(4); Finance Act, 2002; Finance Act, 2003 - Sections 157 and 157(3); Central Excise Rules, 1944 - Rule 8 and 8(1); Punjab Sales Tax Act

of duty paid by the manufacturers of tea like the petitioners were granted. In the meantime by the Finance Act of 2002 the duty leviable on tea and tea-waste was brought down to Rs. 1 per kilogram. Thereafter, … petitioners are manufacturers of tea classifiable under Chapter 9 heading 09.02 sub-heading 09.02.00 of the Central Excise Tariff Act, 1985. Central excise on tea and tea waste falling under the heading and sub-headings noted above, on the date … surcharge, at the rate of Rs. 1 per kg. was introduced by Section 157 of the Finance Act, 2003. The duty imposed, thereafter, was included … writ petitions, a Notification bearing No. 33 of 1999 was issued on 8.7.1999 exempting, amongst others, tea cleared from a unit located in any of

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 … Excise Act, 1944 (in short the 'Excise Act') as also in Section 83 of the Finance Act, 1994, which by incorporation, refers to, amongst others,

Cit Vs. the Bank of Rajasthan Ltd.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2002)174CTR(Raj)400

the assessment year 1987-88.2. This court admitted the appeal on the following question of law :'Whether after the Finance Act, 1985, amending the provisions of section 36(1)(viii) and section 36(2) with effect from 1-4-1985, inserting proviso to section 36(i)(vii)

Varshney General Sales and anr. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Sales Tax

Acts : Central Sales Tax Act or Additional Duties of Excise (Goods of Special Importance) Act, 1957; Constitution of India - Articles 14, 245, 246, 269(1), 286, 286(3), 301, 304 and 366(29A); Central Sales Tax Act, 1956 - Sections 14 and 15; Uttar Pradesh Tax on Luxuries (Second) Ordinance, 1994 Sections 2, 3, 4, 6, 6(6), 9 and 9(1); Uttar Pradesh Trade Tax Act, 1948; Standards of Weights and Measurement Package Rules, 1976; Tobacco Boards Act, 1975

Reported in : [2003]130STC202(All)

of the additional duties broadly follows the pattern recommended by the Second Finance Commission. Provision has been made that the States which levy a tax … in the notes and in the table in chapter 24 in the Schedule to the Central Excise Tariff Act, 1985 and includes pan masala (by whatever name called) with or without tobacco but does not include cigarettes priced … attempts to import or transport, abets the import or transport of tobacco in contravention of the provisions of Section 8 ; or (h) fails to obtain authorisation for transit of tobacco or deliver the same in contravention of

Dharampal Satyapal Limited Vs. the Commercial Tax Officer,

Court : Chennai

Subject : ExciseSales Tax/VAT

Acts : Tamil Nadu General Sales Tax Act, 1959 - Sections 3, 3A, 3B, 3(2) and 8; Central Sales Tax Act, 1956 - Sections 14 and 15; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Finance Act, 1996; Central Excise Tariff Act, 1985; Central Administrative Act; Finance Act, 1995; Finance Act, 2001; Central Excise Act; Andhra Pradesh General Sales Tax Act; State Sales Tax Act - Sections 8; Delhi Sales Tax Act; Minimum Wages Act; Orissa Sales Tax Act; Uttar Pradesh Sales Tax Act; Prevention of Food Adulteration Act, 1954 - Sections 7; Constitution of India - Articles 246, 286 and 286(3)

Reported in : 2009(243)ELT179(Mad); (2009)24VST193(Mad)

Central Act 26 of 1988 with the product description in the CET Act with effect from 16.3.1988. By Finance Act 2 of 1996, Chapter Heading 2404 of the Central Excise Tariff Act was re-cast and substituted, and chewing … Heading 21.06. The petitioners were originally paying excise duty on these goods as per the Central Excise Tariff Act, 1985 ('CET Act' in short) under Heading 21.06 upto 9.10.2000 and thereafter, they are paying central excise duty and … India and is repugnant to Sl. No. 1 (iv) (d) of Part-A to the Third Schedule read with Section 8 of the TNGST Act and the general scheme of levy of additional duty of excise under the Additional

Ansal Housing and Construction Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32A, 35D, 35D(2), 35D(6), 35E, 54D, 80IA, 143(3), 260A and 80HHA; Taxation Laws (Amendment) Act, 1970 - Sections 8; Finance Act, 2008 - Sections 35D; Sick Industrial Companies (Special Provisions) Act 1985 - Sections 2, 3 and 3(1); Industries (Development and Regulation) Act, 1951 - Sections 2 and 3; Industrial Disputes Act 1947; Central Industrial Security Force Act, 1968 - Sections 2(1)

Reported in : (2010)228CTR(Del)262; [2010]320ITR420(Delhi); [2009]185TAXMAN74(Delhi)

case the Tribunal erred in law in not appreciating the amendment to Section 35-D of the Act vide Finance Act 2008 is clarificatory in nature and therefore should be applicable retrospectively?8. We now proceed to determine these questions.9. … the definition of this term These among others are:(i) Section 2(f) of the Sick Industrial Companies (Special Provisions) Act 1985.(f) industrial undertakings means any undertaking pertaining to a scheduled industry carried on in one or more factories by