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Jan 08 2002

Shivani Vanaspati Ltd. Vs. State of OrissA.

Court : Orissa

Decided on : Jan-08-2002

Subject : Sales Tax

Acts : Orissa Sales Tax, 1947 - Sections 6; Orissa General Clauses Act, 1937 - Sections 21 and 22; Indian Companies Act, 1956

Reported in : 93(2002)CLT156; [2002]127STC168(Orissa)

R.K. Patra, J. 1. Validity of Finance Department notification dated 20.7.1999 (Annexure-9) by which the State Government has withdrawn the Sales Tax exemption granted to … unit was neither availing Sales Tax exemption under the Industrial Policy Resolution, 1992 northe Industrial Policy Resolution, 1996. Hence, it cannot claim for continuance of … same. Under Section 22 of the Orissa General Clauses Act, 1937 (corresponding provision of the Central Act is Section 21), an authority which has the power to issue a notification, has also the power to rescind or modify

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Oct 19 2022

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Decided on : Oct-19-2022

Subject : Land Acquisition

Tax Laws (Amendment) Act, 1989, w.e.f. 01.04.1990; and further amended by the Finance (No.2) Act, 1991, w.r.e.f. 01.04.1990; Finance Act, 1992, w.r.e.f. 01.04.1990/w.e.f. 01.04.1992; and Finance Act, 2000, w.e.f. 1-4-2001. 24 Deletion of the expression “not involving the carrying … 1983 and 1991) ............................... 17 E. The judgment in Thanthi Trust .................................................................................................................. 18 F. Deletion of certain exemptions: Section 10 (20A) and Section 10 (23) ................................................... 20 G. Amendments to Section 2 (15) by Finance Act, 2008 … @ SLP(C) No.14995/2019; C.A. No._____/2022 @ SLP (C) No._____/2022 @ Diary No(s). 21237/2019; C.A. No._____/2022 @ SLP (C) No._____/2022 @ Diary No(s). 17255/2020; C.A. No._____/2022

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Sep 11 2001

H.P. State Indl. Dev. Corporation Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Decided on : Sep-11-2001

Subject : Direct Taxation

Reported in : (2001)80ITD639(Chd.)

into the background papers as well as explanatory notes on the provisions relating to Income-tax Act introduced by Finance Act (2) of 1991, and I find it difficult to agree with the interpretation taken by the ld. counsel … 1. These two appeals by the assessee for assessment years 1992-93 and 1993-94 under the Interest-tax Act are directed against the common order … system of accounting followed by the assessee in terms of Section 145 of the Income-tax Act, read with Section 21(2) of the Interest-tax Act. The Assessing Officer held that as per the statutory provisions of Section 5 of

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Jun 10 1998

All India Blue Star Employees Federation Vs. Union of India (Uoi) and ...

Court : Mumbai

Decided on : Jun-10-1998

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10 and 10(10C); Income Tax Rules, 1962 - Rule 2BA; Constitution of India - Articles 14, 21 and 226; ;Finance Act, 1987; Finance (Amendment) Act, 1992; Finance (Amendment) Act, 1993; Finance (Amendment) Act, 1994; Income Tax (Amendment) Rules, 1993

Reported in : [1998]234ITR155(Bom)

clause also to the employees of companies other than public sector companies, this clause was substituted by the Finance Act, 1992, with effect from April 1, 1993, by the following : '(10C) any amount received by an employee of … 1962 (the 'Rules'), on the ground of violation of articles 14 and 21 of the Constitution of India. The petitioners also seek to challenge theapproval … the employees of respondent No. 4-company, seeks to challenge the validity of the provisions of Clause (10C) of Section 10 of the Income-tax Act, 1961 (the 'Act'), and Rule 2BA of the Income-tax Rules, 1962 (the 'Rules'),

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Jul 31 2006

Z.F. Steering Gear (i) Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-31-2006

Subject : Direct Taxation

Act was inserted by the Finance Act, 1991 with effect from 1-4-1991. It was subsequently amended by the Finance Act, 1992 with effect from 1-4-1993 and then by Finance Act, 1993 with effect from 1-4-1994/1-4-1995. The deduction under Section … 1995-96 and 1996-97.5. The facts of the case, in brief, are these : The assessee company incorporated on 21-1-1981, was manufacturing mechanical and power steering gears. The mechanical steering gears are indigenous products and did not require

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Sep 14 2004

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

Court : Orissa

Decided on : Sep-14-2004

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. … 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 … issued by it under Section 19 of the Punjab General Clauses Act, 1898 which is similarly worded as Section 21 of the General Clauses Act, 1897 as also Section 22 of the Orissa General Clauses Act, 1937. The

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Sep 30 2013

Pan Asia Advisors International Corporate Finance Minster House and An ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Sep-30-2013

Subject : MRTP

Bonds and Ordinary Shares (through Depository Receipts Mechanism) Scheme, 1993 (“the GDR Scheme”) issued by the Ministry of Finance, Government of India and the Master Circular on Foreign Investment issued by the RBI periodically. On the contrary, … Appellants from accessing the securities market for 10 years for the violation of Regulations 12A(a)-(c) of the SEBI Act, 1992 read with Regulations 3(c)-(d), and Regulations 4(1), 4(2)(c), 4(2)(e)-(f), 4(2)(k) and 4(2)(r) of the Securities and Exchange Board … in the wake of the ad interim order of SEBI dated September 21, 2011. 3. Impugned order dated June 20, 2013 restrains the Appellants from … trade practice in securities ….” 17. I note that the provisions of section 12A(a)-(c) of the SEBI Act read with regulations 3(c)-(d) of the PFUTP

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Mar 06 2007

In Re: Bonanza Biotech Ltd.; in Re:

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Mar-06-2007

Subject : Land Acquisition

reached SEBI on 20.11.2003 Summons to appear in person before investigating authority Under Section. 11C (5) of SEBI Act, 1992 on 19.12.2003 in respect of their dealings in the scrip of Design Auto Systems Ltd. for the period … and further sought inspection of certain documents vide its letters dated July 21, 2005 and August 31, 2005. SEBI, thereupon replied vide letters dated August … to which the shares of DASL had been transferred were confronted, they replied that they were not arranging finances. Mr. Manoj Ganeriwala to whom BBL had transferred 50 lac shares, stated in his sworn statement that he

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Nov 28 2005

Sri Chaitanya Educational Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Nov-28-2005

Subject : Land Acquisition

Reported in : (2007)106ITD256(Hyd.)

impugned order, are two pronged i.e. a) The provisions of Sub-section (3) of Section 12AA inserted by the Finance Act, 2004 with effect from 1.10.2004 are merely procedural and come to the rescue of the Department in validating … satisfying himself about the genuineness of the activities of the assessee. The reliance of the learned Commissioner on Section 21 of the General Clauses Act is also misplaced, as if applies only to such orders which are issued

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Dec 12 2003

Sanjay Khetan Vs. Commissioner of Income-tax and ors.

Court : Allahabad

Decided on : Dec-12-2003

Subject : Direct TaxationProperty

Acts : Income Tax Act, 1961 - Schedule II - Rule 68B; Constitution of India - Article 226; Finance Act, 1992 - Sections 245I

Reported in : (2004)188CTR(All)361; [2004]266ITR453(All)

Rule 68B of the Second Schedule to the Income-tax Act, 1961. Rule 68B which was inserted by the Finance Act, 1992, with effect from June 1, 1992, states :'Time-limit for sale of attached immovable property.--(1) No sale of immovable … being time barred. The petitioner alleged that the recovery certificate dated March 21, 1982, and all the recovery proceedings pursuant thereto and the sale proclamation … for the recovery of which the immovable property has been attached, has become conclusive under the provisions of Section 245-I or, as the case may be, final in terms of the provisions of Chapter XX : Provided

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