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Bank of America Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2001)78ITD1(Mum.)

income-tax) of this Act in respect of the total income of the previous year of every person. The Finance Act, 1992, Finance Act, 1993 and the Finance Act, 1994 provide for levy of tax in the case of companies … in the case of CIT v. Gabriel India Ltd. [1993] 203 ITR 108. The learned counsel for the assessee further invited our attention to Section … States. It had filed the returns of income for assessment years 1992-93 to 1994-95 in India. Assessments under Section 143(3) had been completed for the said assessment years. In the case of domestic companies, the rate of

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad. … State Government of Orissa adopted IPRs from time to time, namely, IPR 1980, IPR 1986, IPR 1989, IPR 1992 and IPR 1996. Under the aforesaid IPRs some sales tax related incentives were also to be given to … submitted that in Sales Tax Officer v. Shree Durga Oil Mills [1998] 108 STC 274 (SC) ; AIR 1998 SC 591, the Supreme Court upheld

Stumpp Schuele and Somappa Ltd. Vs. Dy. Cwt

Court : Income Tax Appellate Tribunal ITAT

Subject : Land Acquisition

Reported in : (2002)74TTJ(Bang.)253

is includible in the wealth of the company, by virtue of clause (via) of section 40(3) of the Finance Act, 1983, exempting the portion therein under workers canteen and land appurtenant thereto. The old buildings in the 1/2 … of the total area of building and land appurtenant thereto at Nos. 108, 109 & 110, Bull Temple Road, should be treated as land not … the cost index notified by government to the value determined in 1980-90 (for the assessment years 1990-91 to 1992-93 only).We have heard Shri Parthasarathi, the learned counsel for the assessee and Shri Ramesh, the learned Departmental Representative.

Stumpp Schuele and Somappa Ltd. Vs. Deputy Commissioner of Wealth Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Land Acquisition

is includible in the wealth of the company, by virtue of Clause (via) of Section 40(3) of the Finance Act, 1983, exempting the portion therein under workers canteen and land appurtenant thereto. The old buildings in the 1/2 … of the total area of building and land appurtenant thereto at Nos. 108, 109 & 110, Bull Temple Road, should be treated as land not … the cost index notified by Government to the value determined in 1980-90 (for the asst. yrs. 1990-91 to 1992-93 only).3. We have heard Shri Parthasarathi, the learned counsel for the assessee and Shri Ramesh, the learned Departmental

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2000)241ITR43(Mum.)

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 … 1. The appeal of the assessee, for asst. yr. 1992-93, had come up for hearing before 'A' Bench, Mumbai and on the recommendation of the Bench, the President … 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 … 9317/Mum/91 -do- Shri P. C. Tripathi 5. 5701/Mum/95 Datamatics Ltd. -do- 6. 1081/Mum/96 -do- -do- 7. 1470/Mum/97 -do- -do- 8. 7362/Mum/92 Tata Unisys Ltd. Shri

South India Exports Rep. by Its Partner Mr. Indermal Ramani Vs. the Jo ...

Court : Chennai

Subject : Customs

Acts : Foreign Trade (Development and Reguation) Act, 1992 - Sections 3, 11(1) and 11(2); Indian Customs Act - Sections 108; Sea Customs Act - Sections 167; Foreign Trade (Development and Reguation) Rules

Reported in : 2004(91)ECC555; (2004)1MLJ489

of Revenue Intelligence, who is an officer under the Customs Act in Finance Ministry. The petitioners, by this notice, were called upon to face an … Government of India has formulated an Export-Import Policy under Sec. 3 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as the 'Foreign Trade Act'). Under the said policy, concessions were given for imports as … Intelligence Officers of DRI are having the status of Gazetted Officers and the summons issued by them under Section 108 of the Customs Act, 1962 is valid--When there was no manufacturing unit and capacity to manufacture, Section 111(o)

Ranjeet Sanghvi Carrying on Business in the Name and Style of Sanghvi ...

Court : Mumbai

Subject : Customs

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Sections 3 and 108; Customs Act, 1962 - Sections 5, 11, 111 and 112

Reported in : 2009(111)BomLR3162; 2009(168)LC17(Bombay); 2009(241)ELT161(Bom)

conclusion that the present appellant, Baban Sharma and others had violated provisions of Foreign Trade (Development & Regulation) Act, 1992 read with Export and Import Policy for the period 1996-97 and thus, they had violated provisions of Section … M/s. Classic Pack, were found stored in the premises of Fayyaz Binding Works. Statement of Baban Sharma under Section 108 also corroborated the story. In his statement under Section 108, the present appellant had admitted most of the … import such goods, the present appellant and Baban Sharma offered to arrange finances for importing machines. Shailesh Mehta refused the offer. Thereafter, he was offered

inspecting Assistant Vs. Tata Chemicals Ltd. Tata

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1999)68ITD205(Mum.)

of s. 194A as they stood at the relevant time before being modified by Finance Acts 1987 and 1992. Sec. 194A read as under : 194A. "Interest other than "Interest on securities". - (1) Any person, not … proportionate account.17. In order to further mitigate inconvenience to individuals assessees only s. 197A was introduced by the Finance Act 1982 w.e.f. 1st June, 1982, which reads as under : 197A "No deduction to be made in certain … State of Orissa (1972) 83 ITR 26 (SC), CIT vs.Smt. Vijayanthimala (1977) 108 ITR 882 (Mad), CIT vs. Dadu Wala & Co.(1988) 170 ITR 491 … keeping in mind the scheme of the Act. Literal interpretation of a section of words had to be avoided if it led to absurd results

H.B. Basavaraj (Dead) by Lrs. and anr. Vs. Canara Bank and ors.

Court : Supreme Court of India

Subject : Contract

Acts : Bombay Public Trust Act, 1950; Lokashikshana Trust (Taking Over of Management) Act - Sections 2; Indian Contract Act, 1872 - Sections 56, 62, 70, 129 and 130; Evidence Act - Sections 115; Lokashikshana Trust (Taking over of management) Ordinance

Reported in : 2010(1)KarLJ588; 2009(13)SCALE474; 2009AIRSCW7567

decision of Karnataka High Court in the case of T. Raju Shetty v. Bank of Baroda : AIR 1992 KARNATAKA 108 whereby the High Court held that in surety agreements, the surety can waive his rights available … and the scope of Section 56 of the Act as well as 'impossible contracts' and also in Indian Finance Corporation of India Ltd. v. Cannanore Weaving and Spinning Mills Ltd. : 2002(5) SCC 54 at page 71

Rajeswari Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF FINANCE (COFEPOSA UNIT) DEPARTMENT OF REVENUE, NEW DELHI-110 001.3. THE SUPERINTENDENT OF POLICE … sanders, an item prohibited for export under the Export-Import Policy framed under the Foreign Trade (Development & Regulation) Act, 1992, and also a notified item under the Convention of International Trade Endangered Species of Flora and Fauna, through … and the lorry were seized under mahazar and summons was issued to Sri.K.P.Sibu and Sri.V.S.Unnikrishnan. Their statements under Section 108 of the Customs Act, 1962 were recorded. In these statements, it was revealed that attempt to smuggle out