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Jan 19 2010

Mahesh Ratilal Shah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Jan-19-2010

Subject : Company

Acts : Securities Contracts (Regulation) Act, 1956 - Sections 4, 4(1), 4(3), 7, 9, 9(4), 11 and 23; Securities and Exchange Board of India Act, 1992 - Sections 3, 11B and 12; Contract Act, 1872 - Sections 11; Arbitration and Conciliation Act, 1996 - Sections 2(4) and 10; Stock Exchange Rules; Stock Exchange Regulations; Constitution of India - Article 226

Reported in : AIR2010SC676; [2010]154CompCas48(SC); JT2010(1)SC499; 2010(1)SCALE535; (2010)2SCC706; [2010]98SCL65(SC); 2010(2)LC645(SC)

for fraudulently inducing investors to trade in forged scrips of M/s Presto Finance Ltd. and to declare the Rules, Bye- laws and Regulations of the … the SEBI as a statutory body established under Section 3 of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as the 'SEBI Act'), was empowered under Section 11 of the Act to protect the … similar to those raised in this Special Leave Petition from being raised in future. Commercial - Securities - Section 7 and 9 of Securities Contract (Regulation) Act, 1956 - Section 3 of Securities and Exchange Board of India

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Mar 13 2006

Excise Commissioner and anr. Vs. Mysore Sales International Ltd. and o ...

Court : Karnataka

Decided on : Mar-13-2006

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3, 44AC, 119, 120(1), 120(2), 120(4), 124(2), 124(3), 124(4), 124(5), 206C, 206C(1), 206C(2), 206C(3), 206C(5), 206C(6), 206C(7), 206C(9) and 206C(11); Finance Act, 1992; Karnataka Excise Act, 1963 ; Salt Act, 1944 - Sections 5(3); Karnataka Excise (Lease of Right of Retail Vend of Liquors) Rules, 1969 - Rule 3; Karnataka Excise (Arrack Vend Special Conditions of Licenses) Rules, 1967 - Rule 4; Constitution of India - Article 226 and 227

Reported in : [2006]286ITR136(KAR); [2006]286ITR136(Karn)

Clause (a) 'buyer' Sub-clauses (i) to (iii) which provisions were inserted by way of an amendment by the Finance Act, 1992, which have come into force w.e.f. 1st April, 1992, wherein the definition of 'buyer' under Clause (a) is … as assigned in the contracts awarded in their favour strictly in terms of the contract.5. The provisions of Section 206C(1) of IT Act of 1961, provide for collection of income-tax at source from the contractors/buyers by the

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Nov 24 2009

Commissioner of Income Tax, Kanpur Vs. Sahara India Savings and Invest ...

Court : Supreme Court of India

Decided on : Nov-24-2009

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2(5), 2(5A), 2(5B), 2(7), 5 and 6; Companies Act, 1956 - Sections 4A and 620A; Banking Regulation Act, 1949 - Sections 51; State Financial Corporation Act, 1951 - Sections 3, 3A and 46; Reserve Bank of India Act, 1934 - Sections 42(1B), 45(1), 45J, 45K and 45K(4); Income Tax Act - Sections 43D; Finance Act, 1992

Reported in : (2009)227CTR(SC)425; [2010]321ITR371(SC); 2009(14)SCALE188; [2010]186TAXMAN19(SC)

under 'miscellaneous finance company' in terms of Section 2(5B)(vi) of the 1974 Act. According to the Department, this Finance Act, 1992 operated prospectively and that too w.e.f. 1.4.1993. According to the Department, during the Assessment Year 1992- 93, respondent … 10 per cent shall be in fixed deposits with any of the public sector banks;(b) not less than 70 per cent shall be in approved securities; and(c) not more than 20 per cent or ten times the

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May 07 2004

Dr. K.M. Shah Vs. Dy. C.i.T.

Court : Gujarat

Decided on : May-07-2004

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 2, 7(2), 16A and 27A; Gift-tax Act; Wealth-tax Act, 1958 - Sections 7(2) - Schedule - Rules 3, 4, 5, 6, 7, 8, 19 and 20; Urban Land Ceiling Act - Sections 6; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1992; Income-tax Act, 1961

Reported in : (2004)190CTR(Guj)414; [2004]270ITR408(Guj)

at his option, specify in his behalf in the return of net wealth]. ** Proviso omitted by the Finance Act, 1992 w.e.f. 1.4.1993.Explanation- For the purposes of this sub-section,-(i) where the house has been constructed by the assessee, he … was right in law in rejecting the contention of the assessee that by virtue of the provision of Section 7(2) of the Wealth-tax Act, 1957, as the property under consideration was exclusively used by the assessee throughout the

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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. … 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

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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 … v. Union of India) challenging the recoveries. It is alleged in para. 7 of the writ petition that during the course of arguments learned counsel … 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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Sep 02 2008

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

Court : Chennai

Decided on : Sep-02-2008

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)

the words 'nine-tenths', the words 'three-fourths' shall be substituted with effect from 1st day of April, 2000, etc. Section 7 of the Finance Act, 1999 provides for insertion of Section 10C, which provides that after Section 10B of … 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 … the year 1992, the Government of Tamil Nadu enacted an Act called 'the Tamil Nadu Taxation Special Tribunal Act, 1992' (Act No. 42 of 1992) under Article 323B of the Constitution of India for adjudication or trial by

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Feb 03 2010

Grays Timber Products Ltd Vs. Revenue and Customs (Scotland)

Court : UK Supreme Court

Decided on : Feb-03-2010

Subject : Land Acquisition

the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in Part 7 of ITEPA … of Chapter 3D of the Income Tax (Earnings and Pensions) Act 2003 ("ITEPA 2003") as inserted by the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in … main area of controversy is "market value", which is defined by reference to the Taxation of Chargeable Gains Act 1992. 3. However Chapter 3D forms part of a complex code with fairly deep and tangled legislative roots. Many

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May 22 2000

ishar Dass Sahni and Sons Vs. Deputy Commissioner of Income Tax

Court : Delhi

Decided on : May-22-2000

Subject : Direct Taxation

Reported in : (2000)68TTJ(Del)125

80J(6A), for deciding the question whether a statute is mandatory or directory. It was stressed that by the Finance Act, 1992, a totally new scheme and procedure for assessment of firms were introduced for the first time from assessment … consequential to the first issue. In view of our direction in para 7 above, to assess the assessed as a firm, provisions of section 40(ba) … the course of assessment proceedings.(4) That the learned Commissioner (Appeals) has failed to appreciate that the provisions of section 184(2) cannot be regarded as mandatory and absolute in nature so as to disentitle the claim of firm,

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Dec 31 2002

Commissioner of Wealth-tax Vs. Kodaikanal Club

Court : Chennai

Decided on : Dec-31-2002

Subject : Direct Taxation

Acts : Finance Act, 1983 - Sections 40, 40(1), 40(6) and 40(7); Wealth Tax Act, 1957 - Sections 2, 3 and 21AA; Finance Act, 1960 - Sections 13; Societies Registration Act, 1860; Income Tax Act, 1961 - Sections 2(17) and 2(18)

Reported in : (2003)181CTR(Mad)534; [2003]260ITR617(Mad)

assessable entities are individual, Hindu undivided family and company. In the year 1960, by Section 13 of the Finance Act, 1960, the levy of wealth-tax on the wealth of companies came to be excluded with effect form the … Both the appeals were heard together by the Income-tax Appellate Tribunal, which by its order dated June 24, 1992, allowed the appeal filed by the assessee in W. T. A No. 1099/ Mds. of 1990, consequently dismissed … and alienation as well as its limited marketability, allowed a discount of 70 per cent. of the valuation of the property for the purpose of

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