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Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 25, 28 and 31; Constitution of India - Articles 14, 248, 323A, 323B and 371A; Code of Civil Procedure (CPC) ; Transfer of Property Act; Nagaland Administration of Justice Rules, 1937 - Rule 33

locking up of huge funds, Dr. Manmohan Singh, the then Minister of Finance, introduced the Recovery of Debts Due to Banks and Financial Institutions Bill, … raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the Debt Recovery Tribunal at Guwahati constituted under the … and the validity of the Act was upheld.13. This Act is divided into six Chapters : Chapter I--Preliminary. Chapter II--Establishment of Tribunal and Appellate Tribunal. Chapter III--Jurisdiction, powers and authority of Tribunals. Chapter IV--Procedure of Tribunals. Chapter V--Recovery

Bakelite Hylam Ltd. Rep. by Manager-taxation Vs. the Customs, Excise a ...

Court : Chennai

Subject : Excise

Acts : Companies Act, 1956; Central Excise Act, 1944 - Sections 3, 11, 11A, 11A(1), 11AC and 35B; Central Excise Tariff Act, 1985; Central Excise Rules, 1944 - Rules 9(2), 173Q and 226; Finance Act, 2000 ;Constitution of India - Articles 14, 19, 226 and 226(2)

Reported in : 2008(161)LC183(Madras)

proviso to Section 11A of the Central Excise and Salt Act, 1944. According to Clause 110 of the Finance Act, 2000, which came into effect on 12.3.2000, any notice issued or served on any person, under proviso to … approved by the Assistant Collector of Central Excise for the years 1988 and 1989. However, in the year 1993, the Department, after a detailed technical investigation, had taken the stand that the subject goods were classifiable under … produced or manufactured or to be produced or manufactured by them, the chapter heading and the sub-heading of the Tariff Act under which such goods … for the petitioner and the learned Counsel appearing for the second respondent. 2. It is stated that the petitioner is a public Limited Company incorporated

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … nor the use of said goods in providing output service. Subsequently, information about use of the goods and Chapter heading under the Central Excise tariff was called for from the appellant. The same was, thereafter, furnished by … duty paid on tower parts, green shelter, printers and office chairs ? 2. Whether in the facts and circumstances of the case, the Appellate Tribunal

Gottumukkala Venkata Krishamraju Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

1993 (hereinafter referred to as the ‘Act’). The appointment was made under the provisions of the said Act. Chapter II of the Act deals with the establishment of Tribunal and Appellate Tribunal. The provisions relevant for our purposes … a new nomenclature and is now known as the Recovery of Debts and Bankruptcy Act, 1993 by the Finance Act, 2017. Unamended Sections 3 to 6 were as under: Establishment of Tribunal.-(1) The Central “3. Government shall, by

Narangs Hotels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2000)74ITD190(Mum.)

The CIT referred to the definition of the term "industrial company" as defined in s. 2(6)(d) of the Finance Act, 1968, which, according to him, did not apply to the assessee's case.The CIT placed heavy reliance on the … aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VI-A of the IT Act) is not less than fifty-one per cent of such total income." 11. Referring … to the definition of the term "industrial company" as defined in s. 2(6)(d) of the Finance Act, 1968, which, according to him, did not apply

Khoday Industries Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (1994)51ITD18(Bang.)

[1978] 114 ITR 822 has held as follows: (iii) In defining 'industrial company' in Section 2(7)(d) of the Finance Act of 1966, Parliament has used the words 'mainly engaged in the business of. This does not mean that … aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VI-A of the Income-tax Act) is not less than fifty-one per cent of such total income; The position … 822 has held as follows: (iii) In defining 'industrial company' in Section 2(7)(d) of the Finance Act of 1966, Parliament has used the words 'mainly

State of Kerala Vs. Rajmohan Cashew (P) Ltd.

Court : Kerala

Subject : CivilService

Acts : Kerala Revenue Recovery Act, 1968 - Sections 3, 5, 6 and 17; Kerala General Sales Tax Act, 1963 - Sections 26B; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 19 and 34; Madhya Pradesh General Sales Tax Act, 1958 - Sections 33C; Companies Act, 1956 - Sections 4A

Reported in : AIR2005Ker141; [2005]127CompCas744(Ker); 2005(2)KLT131; [2005]142STC283(Ker)

at such other rate as may be notified by the Government from time to time in the Gazette. Chapter II of the Act deals with attachment and sale of movable property. Revenue Recovery Act by the nature of … Rolling Corporation and Ors. ((1995) 96 STC 612), Delhi Auto and General Finance Pvt. Ltd. v. Tax Recovery Officer and Ors. ((1999) 114 STC 273), … other hand contended that the procedural provisions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (in short R.D.B. Act) would override the procedural provisions of the Kerala General Sales Tax Act and the

Musthafa Ummer and anr. Vs. Appropriate Authority and ors.

Court : Kerala

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 269UC, 269UD and 269UD(1A); Constitution of India - Article 14

Reported in : (2002)173CTR(Ker)402; [2002]254ITR134(Ker)

reasons to be recorded in writing' which were there in the earlier Section 269UD were omitted by the Finance Act, 1993, with effect from November 17, 1992. At the same time Sub-section (1A) reads as follows :'(1A) Before making … the said decision for our purpose. The apex court was considering the validity of the various provisions in Chapter XX-C inserted in the Income-tax Act, 1961, by the Finance Act, 1986. While considering the scope of Section … the commercial capital of Kerala. The land rate works out to Rs. 2,16,100 per cent, (without considering the cost of piles already driven). This is

Haryana Financial Corporation Ltd., Chandigarh Vs. Bags and Cartons an ...

Court : Punjab and Haryana

Subject : Commercial

Acts : State Financial Corporations Act, 1951 - Sections 24, 25, 25A, 26, 27, 28 and 29 to 32; Constitution of India - Article 226

Reported in : AIR1997P& H176; [1998]94CompCas704(P& H); (1997)115PLR757

is divided into five Chapters. The short title etc. and the definition clause are given in Chapter I. Chapter II provides for the incorporation of the State Financial Corporations, their capital, the constitution of the Board of Directors, … Court in M/s. Hemyog Hotels Pvt. Ltd. v. The Delhi Financial Corporation, 1993 (1) Recent Revenue Reports 256.3. After hearing learned counsel for the parties, … industrial concern. It was engaged in printing labels, making plastic pauches and even bags etc. It needed additional finances. In the year 1967, the Haryana Financial Corporation agreed to advance a sum of Rs. 4,90,000/- as loan. … Are theremedies under Ss. 29 and 31 of the State Financial Corporations Act, 1951 mutually exclusive? This is the primary question that arises for consideration

Mrs. Nirmal Laxminarayan Grover Vs. Appropriate Authority and ors.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 269UA, 269UB, 269UC, 269UC(1), (2) and (3), 269UD, 269UD(1), 269UE, 269UE(1), 269UF, 269UG, 269UG(1) and (2), 269UH , 269UH(1), 269UL, 269UL(1), and (3)

Reported in : [1997]223ITR572(Bom); 1995(2)MhLj775

sub-s. (1) of s. 269UD of the Act were as they stood prior to its amendment by the Finance Act, 1993, which introduced certain amendments in s. 269UD of the Act. By the said Finance Act, 1993, the words … s. 269UL(1) of the Act. 3. It is material to see that the Finance Act, 1986, has introduced Chapter XX-C in the Act providing for compulsory purchase by the Central Government of immovable properties in certain cases … belonging to respondent No. 3 for an apparent consideration of Rs. 13,25,343. 2. The facts are that the petitioner is a permanent resident of Nagpur