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Sedco Forex International Drill. Inc. and ors. Vs. Commissioner of Inc ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4(1), 5(2), 9, 9(1) and 119; ;Finance Act, 1999 - Sections 9(1); ;Finance Act, 1983

Reported in : AIR2006SC428; (2005)199CTR(SC)320; [2005]279ITR310(SC); JT2005(5)SC639; (2005)12SCC717

It was further submitted that the amendment to the Explanation to Section 9(1)(ii) was brought about by the Finance Act 1999 and was retrospective since it was clarificatory. It was also stated that the issue whether a statute … Explanation thereto in the Income Tax Act 1961 (hereinafter referred to as 'the Act') for the Assessment years 1992-93, 1993-94.3. The Assessing Authority assessed the employees of the appellant including the salary for the field breaks as

Chhotulal Vs. Manak Devi

Court : Rajasthan

Subject : Contract

Acts : Stamp Act - Sections 33; Income Tax Act - Sections 40A, 40A(3), 154, 154(7), 269SS and 269T; Indian Contract Act - Sections 23 and 23A; Provincial Act; Companies Act, 1956 - Sections 617; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 1971; Finance Act, 1992; Societies Registration Act, 1860 - Sections 28, 36(1) and 36(9); Money Lender's Act

Reported in : III(2005)BC440; 2006(1)CTLJ377(Raj); RLW2005(2)Raj808; 2005(2)WLC337

so made, such asset shall be transferred, as soon as may be, to him). (12) [Omitted by the Finance Act, 1992, w.e.f. 1-4-1993.1'Section 23. What consideration and objects are lawful, and what not. The consideration or object of an … agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.' 9. A look at Section 23 of the Contract Act shows, that what it provides is, that the consideration

Riddhi Siddhi Starch and Chemicals Ltd. Vs. Additional Deputy Commissi ...

Court : Karnataka

Subject : Sales Tax

Acts : Karnataka Sales Tax Act, 1957 - Sections 12(3), 18, 18(2) and 18AA(2); Central Sales Tax Act, 1956 - Sections 8(5) and 9(2); Finance Act, 2000 - Sections 9; Karnataka Sales Tax (Amendment) Act, 1992; Constitution of India - Articles 14, 19(1), 226 and 227

Reported in : [2006]146STC513(Kar)

stated in the 'Notes on clauses' that, the amendments would take effect from the date on which the Finance Act, 2000 receives the assent of the President. The said amendment Act received the assent of the President of … tax in contravention of Section 18 at any time before the commencement of the Karnataka Sales Tax (Amendment) Act, 1992, the provisions of Sub-sections (3) and (4) shall apply to such amount collected.It is crystal clear from clause … passed for the assessment year 1996-97 Under Section 18-AA(2)(ii) of the Karnataka Sales Tax Act, 1957 read with Section 9(2) of the Central Sales Tax Act, 1956 and the accompanying demand notice in form 6 dated December 16,

The Custodian Vs. Union of India and Others

Court : Mumbai

Subject : Commercial

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections - 4(1), 9-A, 10, 11(1) and 11(2); Income Tax Act, 1961; Insolvency Act, 1909 - Sections 49, 68, 69, 70 and 71; Constitution of India - Article 226; Finance Act, 1975; Companies Act, 1956 - Sections 77

Reported in : 2000(4)BomCR313

depend upon the assessment being made by the Income-tax Officer but, it depends on the enactment of the Finance Act prescribing rate/rates for any assessment year. Therefore, as soon as the rates are prescribed by the Finance Act, … Sale of shares of the notified parties under Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 (hereinafter referred to, for the sake of brevity, 'the said Act').2. Before coming to the Scheme, the following … & Others, the Special Court formulated certain questions on the interpretation of section 11 of the said Act in respect of the priorities created by … dependent upon the determination of liability of the notified parties under section 9A of the Act and, therefore, consideration of liability of a notified party

M/s. Greatship (India) Ltd. Vs. Commissioner of Service Tax Mumbai-I a ...

Court : Mumbai

Subject : Service Tax

“Supply of Tangible Goods for use” as has been defined under Section 65(105)(zzzzj) of Chapter V of the Finance Act, 1994 (hereinafter referred to as “the said Act”). It is also not in dispute that the appellant has … the legislature." (Emphasis supplied) 50. In Francis Bennion Statutory Interpretation, (second edition) 1992, page 105, the learned author says "Declaratory Acts - A declaratory Act … and therefore having retrospective operation. 14. The Apex Court again had an occasion to consider the amendment to Section 9(1)(ii) of the Income Tax Act in the case of Sedco Forex International Drill. Inc. andAnr. vs. Commissioner of

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

Court : Karnataka

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 … of the Act was amended to the Act by Finance Act No. 92. He had further contended that the observations made in the various decisions … 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

M/s Ecl Puyvast (india) Pvt Ltd Vs. Union Of India

Court : Karnataka

Subject : Land Acquisition

That apart we may also refer to the return filed by the petitioner under section 70 of the Finance Act, 1994 read with rule 7 of the Service Tax Rules, 1994 i.e form ST-3 (revised) wherein the petitioner … vires the provisions of Foreign Trade Policy 2015-2020 issued under the provisions of Foreign Trade (Development and Regulation) Act 1992; b) Issue a writ of certiorari or any other appropriate writ or direction declaring the Policy Circular bearing … - 33 - NC:2024. KHC:17134 WP No.12068 of 2021 C/W WP No.12044 of 2021 that in terms of Section 9 of the FTDR Act, the DGFT can impose conditions and restrictions in license cannot be accepted, as only

M/s. Puyvast Maritime India Pvt Ltd Vs. Union Of India

Court : Karnataka

Subject : Land Acquisition

That apart we may also refer to the return filed by the petitioner under section 70 of the Finance Act, 1994 read with rule 7 of the Service Tax Rules, 1994 i.e form ST-3 (revised) wherein the petitioner … vires the provisions of Foreign Trade Policy 2015-2020 issued under the provisions of Foreign Trade (Development and Regulation) Act 1992; b) Issue a writ of certiorari or any other appropriate writ or direction declaring the Policy Circular bearing … - 33 - NC:2024. KHC:17134 WP No.12068 of 2021 C/W WP No.12044 of 2021 that in terms of Section 9 of the FTDR Act, the DGFT can impose conditions and restrictions in license cannot be accepted, as only

K.B. Bone Mills Vs. Commissioner of Trade Tax

Court : Allahabad

Subject : Sales Tax/VAT

Reported in : (2009)20VST960(All)

He further submitted that Section 9 of the Central Sales Tax Act, 1956 has been amended by the Finance Act, 2000 with retrospective effect and in view of the amendment, the interest can be demanded under the Central … against the order of the Tribunal dated May 12, 1998 relating to the assessment years 1990-91, 1991-92 and 1992-93, all under the Central Sales Tax Act, 1956.In all the three revisions, following common questions have been raised:1.

Smt. Padma and ors. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : ConstitutionCivil

Acts : Indian Stamp Act, 1899 - Sections 9 - Schedule IA - Articles 33 and 35; Constitution of India - Articles 14, 19 and 19(1)

Reported in : 2005(3)MPHT198

and bottling of liquor whether amounts to manufacture within meaning of Section 2(f) of Central Excise Act 1944? Finance Act 932 of 1994), Section 65 (76 b) (as amended on 16.6.2005) - Held, The first limb of the … petitioners gave a representation dated 10-9-2001 to the State Government seeking exemption from payment of stamp duty under Section 9 of the Indian Stamp Act, 1899 (as amended in Madhya Pradesh, for short 'the Act'). Such exemption was