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Ashirvad Enterprises Vs. the State of Bihar and anr.

Court : Patna

Subject : Sales Tax

promulgated a fresh Notification No. S.O. 123 dated 5-3-1990, in exercise of the powers vested in it under Section 22 of the Bihar Finance Act, 1981. The said notification dated 5-3-1990 is Annexure T. The benefit of the … C.J.1. The petitioner firm is a small scale industrial unit. It is a registered dealer under the Bihar Finance Act, 1981, and under the Central Sales Tax Act, 1956. In this writ application, the petitioner assails Annexure '5', … is stated that respondent No. 2 began to create difficulties from March, 1992, and insisted that the petitioner should first deposit the entire amount of

Syndicate Bank Employees' Co-operative Thrift and Credit Society Ltd. ...

Court : Chennai

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2(5A); Banking Regulation Act, 1949 - Sections 3, 6, 10, 22, 51 and 56; Multi State Co-operative Societies Act; Finance (No. 2) Act, 1991; Finance Act, 1992

Reported in : [2006]287ITR40(Mad)

Sub-sections (5A) was inserted by the Finance (No. 2) Act, 1991 w.e.f. 1st Oct., 1991 and by the Finance Act, 1992, the words in a square brackets in the above sub-section, namely 'or a co-operative society engaged in carrying … in the circumstances of the case, the Tribunal is right in not considering the application of Section 3, Section 22 and Section 56 of the Banking Regulation Act, 1949 to the facts of the case with reference to

B.K. Kapur Vs. P.D. Gupta

Court : Delhi

Subject : SICATenancy

Acts : Companies Act, 1956 - Sections 446; Constitution of India - Article 227; Delhi Rent Control Act, 1958 - Sections 21; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Indian Contract Act, 1872 - Sections 23

Reported in : 1996IIAD(Delhi)209; 1996(37)DRJ207

provisions) Act 1985, (hereinafter referred to as the SICA) on 15th July 1989 to the Board for Industrial Finance Reconstruction (for short BIFR) for declaration of the respondent company as a sick industrial company. Under Section 16 … basis of the aforesaid facts the following additional preliminary objections were taken:- (C)in view of the provisions of Section 22 of Sica these proceedings cannot continue; (D)these proceedings cannot be continued without leave of the Allahabad High Court … by the Division Bench on 18th March 1994 (F.A.O. (OS) 226 of 1992.(24) This brings me to the next objection based on Section 446 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. … 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 … payment of tax, such power of withdrawal cannot be exercised by the State Government. He further submitted that Section 22 of the Orissa General Clauses Act provides that where by an Orissa Act a power to make or

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

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

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 … Indian market or in any way dealing with them, till further orders. 22. In this context, I note that Pan Asia and Panchariya have already … 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

L.M.L. Limited Vs. Saraswati Trading Company Limited and ors.

Court : Delhi

Subject : SICA

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9; Securities Contracts (Regulation) Act, 1956 - Sections 14; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22

Reported in : 1995(35)DRJ233

and Piaggio was prepared and placed before the financial institutions and banks and more particularly to the Industrial Finance Corporation of India. Lml Fibres and Prakati Synthetics Limited (PSL) were the subsidiary companies of Lml Limited. Lml … each fully paid up to be made on or before 31st March, 1992. It is the admitted case of the parties that L.M.L. Fibres Limited … defendant Nos.3 and 4. Instead defendant No.3 has filed an application under Section 15 and 16 read with Section 22 of the Sick Industrial Companies (Special Provisions) Act 1985 as amended by the Sick Industrial Companies (Special Provisions)

Assistant Commissioner of Vs. Hyderabad Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (2006)98ITD357(Hyd.)

for the introduction of Section 40 of the Finance Act, 1983. The said section was omitted by the Finance Act, 1992, with effect from April 1, 1993, but the levy of tax on companies continued by making suitable amendments … the Wealth-tax Act, value of a property belonging to that person is taxable unlike the Income-tax Act, where Section 22 of the Act recognises an "owner" of the property. It may be relevant to extract the observations of

Securities and Exchange Board of India Vs. Pan Asia Advisors Ltd. and ...

Court : Supreme Court of India

Subject : Land Acquisition

respondent, it is stated that the said respondent’s name has been changed and is now known as Global Finance & Capital Limited, having its office International Corporate House, Monster House, 42 Mincing Lane, London and represented by … arises in this appeal relates to the jurisdiction of SEBI under the Securities and Exchange Board of India Act, 1992, (in short “SEBI Act, 1992”) to initiate proceedings against the respondents as Lead Managers to the Global Depository … rendering services in connection with instruments that are defined as securities under Section 2(h) of the Securities Contracts (Regulation) Act, 1956 (in short “SCR Act,

Life Insurance Corporation of India Vs. Joint Cit

Court : Mumbai

Subject : Direct Taxation

Reported in : (2002)74TTJ(Mumbai)624

securities is intended to be taxed under the provisions of the Interest Tax Act (45/1974) as amended by Finance Act, 1992. As stated earlier, exclusion of interest on securities from the taxability to Interest Tax Act led to ambiguity. … interest under the Act as the same could not be classified as interest on loans and advances under section 2(7) of the Interest Tax Act, 1974 (as amended by the Finance Act, 1994).4. Assessing officer in the

Reva Enviro Systems (P) Limited Vs. State of U.P. Through Its Institut ...

Court : Allahabad

Subject : Sales Tax

Acts : Industrial Finance Act of India - Sections 3F(1)(a); Uttar Pradesh Trade Tax Act - Sections 22, 29 and 29(1); Code of Civil Procedure (CPC) 1908 - Sections 144; Constitution of India - Article 265; Indian Contracts Act, 1992 - Sections 72; Code of Civil Procedure (CPC) of 1908 - Sections 144

Reported in : [2006]148STC279(All)

August, 1992 and Rs. 19,700/- on 9th of October, 1992 at Lucknow. Petitioner subsequently filed rectification applications under Section 22 of the U.P. Trade Tax Act (hereinafter called as the Act) before the Tribunal for incorporation of specific … directed that the question as to whether there was a relationship of lessor and lessee in between Industrial Finance Act of India and Indian Turpentine & Rosin Company has to be examined under Section 3F(1)(a) of the Act … the assessee, in view of Article 265 of Constitution of India and Section 72 of the Indian Contracts Act, 1992, the payment of tax by the dealer was under a mistake of law ' and the realisation of