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Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1998 - Sections 89; Central Excise Act, 1944 - Sections 11AA; Customs Act, 1962 - Sections 142; Income Tax Act - Sections 246, 245D(4), 260A and 264; Wealth Tax Act - Sections 22D(4); Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; ;Terrorists and Disruptive Activities (Prevention) Act, 1987; ;Prevention of Corruption Act, 1988; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 8, 9, 9(2), 9(3) 12A and 12A(6); ;Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 - Sections 3(2); ;Kar Vivad Samadhan Scheme, 1998 - Sections 87, 90, 92 and 95; ;Constitution of India - Article 226; ;Indian Penal Code (IPC), 1860

operative from 1st September, 1998 to 31st January, 1999. The petitioners filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of Central Excise on 31st December, 1998. 4. The aforesaid declaration filed by the … 1973), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Terrorists and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), the Prevention of Corruption Act, 1988 (49 of 1988), or for the purpose of enforcement

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ... Overruled

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1998 - Section 89; Central Excise Act, 1944 - Section 11AA; Customs Act, 1962 - Section 142; Income Tax Act - Section 246, Income Tax Act - Section 245D(4), Income Tax Act - Section 260A, Income Tax Act - Section 264; Wealth Tax Act - Section 22D(4); Foreign Exchange Regulation Act, 1973 ;Narcotic Drugs and Psychotropic Substances Act, 1985; ; Terrorists and Disruptive Activities (Prevention) Act, 1987; ; Prevention of Corruption Act, 1988 ;Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 8, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 9, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Section 9(2), Conservation of Foreign Exchange and Prevention of Smu

operative from 1st September, 1998 to 31st January, 1999. The petitioners filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of Central Excise on 31st December, 1998.4. The aforesaid declaration filed by the petitioners … 1973), the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Terrorists and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), the Prevention of Corruption Act, 1988 (49 of 1988), or for the purpose of enforcement

Suryalatha Spinning Mills Ltd. and anr. and Suryavanshi Finance and In ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(2), 32A, 33AC, 72, 73, 74, 74A, 80J, 80HHC, 80HHD, 80VVA, 115J, 115J(1), 115J(1A) and 115J(2)

Reported in : [1997]223ITR713(AP); [1997]93TAXMAN310(AP)

net profit of Rs. 274 crores showed no tax liability. So after conducting a careful study, by the Finance Act, 1987, section 80VVA was deleted and section 115J was introduced by way of an independent Chapter XII-B in the Income-tax

Electro Zavod (India) Pvt. Ltd. and ors. Vs. Commissioner of Income-ta ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(47), 22, 32, 32(1), 281 and 281B; ;Finance Act, 1987 - Section 27; ;Wealth Tax Act; ;Transfer of Property Act, 1882 - Sections 22-26, 27 and 53A; ;Registration Act, 1908 - Section 27; ;Income Tax Rules - Rules 9, 11, 11(6) and 89

Reported in : (2005)199CTR(Cal)612,[2005]278ITR187(Cal)

and possession thereof. The aforesaid clause has been inserted in Section 27 of the said Act by the Finance Act, 1987, with effect from April 1, 1988.5. Therefore, he submits in view of the aforesaid position of law, the … by me. It cannot be said that the Commissioner lacks jurisdiction inherently because he has jurisdiction under Rule 89 to review any order passed under the aforesaid Second Schedule. Thus the decision cited by Mr. Kapoor reported

Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : ConstitutionCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 80, 89 and 115 - Order 5, Rules 9 and 17 - Order 9A Rule 4 - Order 10 - Order 17, Rule 2 - Order 41, Rule 11; High Court Act; Transfer of Property Act - Sections 106; Arbitration and Conciliation Act, 1996 - Sections 67 Sections 73; Legal Services Authority Act, 1987 - Sections 12, 20 and 20(5); Evidence Act, 1872; Industrial Disputes Act; Hindu Marriage Act; Indian Succession Act; Alternative Dispute Resolution and Mediation Rules, 2002; Prevention of Terrorist Act; Terrorist and Disruptive Activities Prevention Act; Narcotic Drugs and Psychotropic Substances Act; Prevention of Corruption Act; High Court Rules, 2003; Code of Criminal Procedure (CrPC) , 1973; Constitution of India - Articles 225 and 227; Family Courts Act, 1984; Civi

Reported in : AIR2005SC3353; 2005(5)ALD1(SC); 2005(5)ALLMR(SC)876; 2005(3)ARBLR81(SC); 2005(3)AWC2996(SC); 2005(3)BLJR1934; 2005(6)BomCR839; (2006)2GLR1312; JT2005(6)SC486; 2005(6)KarLJ5; (2005) 6 SCC 344

meet the expenditure for subordinate courts. Therefore, the Planning Commission and the Finance Commission must allocate sufficient funds from national resources to meet the demands … Lok Adalat in accordance with the provisions of Sub-section (1) of Section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so … but it was noticed in the judgment that modalities have to be formulated for the manner in which section 89 of the Code and, for that matter, the other provisions, which have been introduced by way of amendments,

Commissioner of Income Tax and anr. Vs. P. Surendra Prabhu

Court : Karnataka

Subject : Direct Taxation

Acts : Contract Act, 1872; ;Income Tax Act, 1961 - Sections 2(24), 10, 10(10C), 14, 15, 16, 17, 17(1), 17(3), 57, 89, 89(1), 119, 192, 192(2A), 194, 201(1), 201(1A), 260A and 245C; Indian Income Tax Act, 1922 - Sections 7, 7(1) and 17; Industrial Disputes Act - Sections 2 and 25F; Finance Act, 1987; Central, State or Provincial Act; University Grants Commission Act, 1956 - Sections 3; Institutes of Technology Act, 1961 - Sections 3; Income Tax Rules - Rules 2BA, 21A, 21A(1) and 21AA; Service Law

Reported in : (2005)198CTR(Kar)209; ILR2005KAR5906; [2005]279ITR402(KAR); [2005]279ITR402(Karn)

assessee for the purpose of taxation but for such provision. Section 10(10C) of the Act is inserted by Finance Act, 1987, w.e.f. 1st April, 1987. The reason for introducing this provision is contained in the circular of the CBDT … under the voluntary retirement scheme from his employer under Section 10(10C) of the Act and also relief under Section 89(1) of the Act in respect of the amount received in excess of Rs. 5.00 lakhs from his employer.

Joint Commissioner of Income-tax Vs. Montgomery Emerging Markets Fund

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)100ITD217(Mum.)

The source will be the asset itself. The CIT(A) further referred to the amendment brought in by the Finance Act, 1987 (No. 2 of 1987) with effect from 1 -4-1988. According to the CIT(A), as per the said amendment, … Mumbai passed on 23-11 -1998 and 12-2-2000, respectively. The appeals do arise out of the assessments completed under Section 143(3) of the Income-tax Act, 1961.2. These two appeals are placed before this Special Bench to consider and

Shriram Investments Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1996)59ITD570(Mad.)

respect of tax holiday profits, depreciation is deemed to have been allowed. Section 115J was enacted by the Finance Act, 1987 w.e.f. 1-4-1988 but such a deeming provision is totally absent. In other words, the Legislature has not chosen … years 1988-89 1989-90 1990-91Depreciation at the I.T. Rules was Previous yearsnot allowed in the assessment years 31-12-1987 88-89 89-90 1988-89 to 1990-91 in quantifying the total income of the assessee chargeable to tax on the basis of

Chandulal Venichand Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1991)38ITD138(Ahd.)

appeals relates to interpretation of provisions of Section 43B of the Income-tax Act, 1961 as amended by the Finance Act, 1987 and the Finance Act, 1989.3. In ITA No. 229/Ahd/1988 the assessee is firm of M/s. Chandulal Venichand carrying

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … expert bodies. This exercise must be undertaken in a time bound manner.” 89. This was followed by yet another order of 16th May, 2018 recommending … the High Court of Kerala. The petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act,