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Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Subject : Sales Tax

Acts : Constitution of India - Articles 142 and 304; Karnataka Sales Tax Act, 1957 - Sections 3, 3(1), 3(2) 3A, 5(1), 5(3), 5(5), 5(6), 5C, 6, 6(2), 12A, 21 and 22A; Karnataka Sales Tax (Amendment) Act, 1985 - Sections 5C; Karnataka Sales Tax (Amendment) Act, 1992 - Sections 5C ;Karnataka Taxation Laws (Amendment) Act, 1996 - Sections 6(2); Karnataka Sales Tax Rules - Rule 6(4); Income Tax Act, 1961 - Sections 52(2) and 119; ;Customs Act, 1962; Central Excise Act, 1944 - Sections 37B; ;Finance Act, 1964; Karnataka Taxation Laws (Second Amendment) Act - Sections 6(2); Customs Act, 1985 - Sections 151A

Reported in : [2006]145STC24(Kar)

:The understanding of the law at the earliest point of time of its enactment cannot be ignored. The Finance Act, 1964, amended Section 52(2) of the Income-tax Act, 1961 : this was understood in a particular manner by … not possible for the assessees to contend that even with regard to the period prior to April 1, 1986, Section 5-C of the Act should be interpreted with reference to the circular dated April 12, 1996.12. The learned

Madras Petrochem Limited Vs. Union of India and ors.

Court : Chennai

Subject : Excise

Acts : Finance Act, 1981; Central Excise Rules - Rules 9 and 49; Central Excise Act - Sections 4(4)

Reported in : 1987(12)ECC236; 1987(11)LC225(Madras); 1987(28)ELT5(Mad)

this court is concerned, a similar point arose for consideration with reference to Notification No. 22/82 adopted by Section 52 of the Finance Act, 1982, and a Bench of this Court in Bharat Match Works, Vanaramamurthi and others … given retrospective effect from the date on which the Rules came into force by Section 51 of the Finance Act, 1982, which is a Parliament made law. The said Explanation reads as follows :- 'For the purpose of … Kathar Jute Mills Ltd. v. Inspector of Central Excise and others : 1986(23)ELT402(Pat) a Full Bench of the High Court of Patna opined that it

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Subject : Direct Taxation

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races (other than … are binding on the revenue. On account of I.T. authorities having levied tax by invoking sub-section (2) of section 52 of the Act which related to tax on actual gains, even in cases where transaction was honest and

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Subject : Education

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races (other than … binding on the revenue. On account of I.T. authorities having levied tax by invoking sub- section (2) of Section 52 of the Act which related to tax on actual gains, even in cases where transaction was honest and

Sutlej Cotton Mills Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1993)45ITD22(Kol.)

least 30 per cent, of their profits." 34. Thereupon, Chapter VI-B was introduced by Section 32 of the Finance Act, 1983 [1983] 142 ITR (St.) 34 as follows : 80WA. Restriction on certain deductions in the case of … assessee is a public limited company running spinning mills.18. The balance-sheet of the company as at March 31, 1986, indicated that the fixed assets had been revalued at Rs. 29,20,89,624 inclusive of additions as against Rs. 14,44,35,506

Rishi Roop Chemical Co. (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1991)36ITD35(Delhi)

of the proviso, which was inserted in Section 43B of the Income-tax Act 1961 (the Act) by the Finance Act 1987, w.e.f. 1-4-1988 and the Explanation 2, which was inserted in the said Section, by the Finance Act … of the petitioner, in the accounting year ending 31 st January 1985 and corresponding to the assessment year 1986-87, that the deduction can be claimed.It is submitted that this provision, namely, Section 43B is arbitrary and is … provisions of the Act like 40A(3) and (7) as well as Section 52(2) and submitted that, in order to appreciate the assessee's case in proper

Mafatlal Industries Ltd. Vs. Collector C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1991)LC65Tri(Mum.)bai

be deemed to be removal. This Notification dated 20-2-1982 was given retrospective effect through Section 51 of the Finance Act, 1982, which received the President's assent on 11-5-82. The retrospective validity of Section 51 of the Finance Act … Shri Nanavati also contended that the Karnataka High Court Judgment relied upon by the 'D' Bench reported in 1986 (24) ELT 507 is not appropriate because even there, the issue to be decided was Rules 9 & … For this purpose, it is necessary for us to set out Section 52(2) of the Finance Act, 1982: "Section 52(2). Any action or thing taken

Commercial Tax Officer Vs. C.P.D. Computer Peripheral Devices Private ...

Court : Chennai

Subject : Sales Tax

Acts : Tamil Nadu Taxation Special Tribunal Act, 1992 - Sections 2, 6, 23, 24, 24(9) and 42; Tamil Nadu Taxation Special Tribunal (Repeal) Act, 2004 - Sections 3; Tamil Nadu General Sales Tax Act, 1959 - Sections 2, 3, 3A, 3B, 3C, 3D, 3E, 4, 7A, 11, 12, 16, 16(5), 16(6), 30, 31, 31A, 32, 32(2), 33, 34, 34(2), 35, 36, 36(2), 36(3), 36(3A), 36(6), 37, 37(1), 38, 38A, 39 and 52; Central Sales Tax Act, 1956 - Sections 9(2); Tamil Nadu General Sales Tax (Seventh Amendment) Act, 1986 - Sections 3; Tamil Nadu Additional Sales Tax Act, 1970; Tamil Nadu Sales Tax (Surcharge) Act, 1971; Tamil Nadu Taxation Special Tribunal (Amendment) Act, 2005; Finance Act, 1999 - Sections 3, 7, 10C and 89; Income Tax Act - Sections 2 and 10B; Extra Provincial Jurisdiction Act, 1947 - Sections 4; Merged State's Law

Reported in : (2009)21VST581(Mad)

insertion or omission. If such amendments are made, they can be regarded as textual amendments. For example, the Finance Act, 1999 made certain extensive amendments to the Income-tax Act. Section 3 of the Finance Act, 1999 provides for … of sales tax under the said Act, the Government passed the Tamil Nadu General Sales Tax (Seventh Amendment) Act, 1986 (Act No. 58 of 1986) for establishment of Special Appellate Tribunal as the highest hierarchy. Under Section 3 … satisfaction, in such form and in such manner as may be prescribed;(10) Section 39 had been omitted;(11) in Section 52, for the words 'High Court' the words 'Special Tribunal' had been substituted.16. From the above, it is amply

Sri Ranganatha Match Industries Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Land Acquisition

Reported in : (1987)(13)LC153Tri(Chennai)

arose consequent on review of Central Excise Notification No. 22/82 dated 23.2.1982 read with Section 52 of the Finance Act, 1982. Originally in terms of Notification No. 22/82 a match unit would be entitled to concessional rate of

5 S Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (1987)(14)ECC302

the powers conferred by Section 11C of the said Act, read with Sub-section(4) of Section 55 of the Finance Act, 1983 (11 of 1983) and Sub-section(4) of Section 52 of the Finance. Act, 1984 (21 of 1984), the