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Associated Cement Companies Ltd. Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Other Taxes

Acts : Central Sales Tax Act, 1956 - Sections 6, 7, 7(3), 8(4), 11, 12, 21 and 21(1); Bihar Finances Act, 1981 - Sections 3(2) and 12(1); Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993 - Sections 2, 3, 3(1) and 3(3); ;Companies Act, 1956

Reported in : 2004(3)BLJR2083; [2005(1)JCR72(SC)]; JT2004(8)SC155; RLW2004(4)SC615; 2004(8)SCALE335; (2004)7SCC642; [2004]137STC389(SC)

[Provided that in case of such goods which are liable to tax under Section 12(1), of the Bihar Finance Act, 1981, entry of Goods shall mean entry of goods into local area from any place outside the State … paid under the Bihar Tax on Entry of Goods into Local Areas for Consumption, use or Sale Therein Act, 1993 (hereinafter referred to as the 'Entry Tax Act'). The High Court upheld validity of the notice and action … arises in term of Section 3 and tax become payable at the rate as provided in Section 12. Section 11 deals with the point of levy and rate and concessional rate.19. The word 'liable' in the Concise Oxford

Gtc Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)104ITD86(Mum.)

was also concerned with the retrospective amendment to the provisions of Section 143(1A) of the Act by the Finance Act, 1993 with effect from 1-4-1989 which was the date upon which Sub-section (1A) itself was introduced in the Act. … Allahabad High Court considered this question in respect of a reference made under the U.P. Sales Tax Act, Section 11. It said that when a question has been referred to the High Court and, in the meanwhile, the

Southern Petrochemicals Industries Corporation Ltd. Vs. Administrator ...

Court : Supreme Court of India

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 2(1), 3, 3(1), 3(2), 4, 8, 10, 10(1), 19, 19(1), 19(2) and 34; UTI (Transfer of Undertaking and Repeal) Act, 2002 - Sections 3(2), 4, 5, 5(4), 7, 7(1to3), 11 and 18; Companies Act, 1956 - Sections 4A, 4A(1), 5(1) and 17; Contract Act - Sections 182; Unit Trust of India Act, 1963 - Sections 4, 19B, 21 and 22; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Banking Regulation Act, 1949 - Sections 6; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 19; Unit Trust of India Act, 1973 - Sections 3; Constit

Reported in : AIR2007SC533; II(2007)BC83; [2007]135CompCas474(SC); 2007(1)CTC425; (2007)2SCC282; [2007]75SCL467(SC); 2007AIRSCW83; 2007LawHerald(SC)78; 2007(3)KCCRSN104; 2007(2)AIRKarR39; JT2007(1)SC372

2 herein are not 'financial institutions' within the meaning of DRT Act, 1993. The respondents, however, relied on Section 11 of the UTI Act 2002 and Section 2(h)(ii)(ii) of the DRT Act to contend that the aforesaid respondents … shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the Stale Financial Corporations Act, 1951 … institution' as having the same meaning assigned to it in Clause (h) of Section 2 of the DRT Act, 1993. Section 2(h) of the DRT Act, 1993 defines the 'financial institution' to mean a public financial institution within the

Dr. K.C. Mammen Vs. Commissioner of Gift Tax

Court : Kerala

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 4(1)and 6 - Schedule - Rule 5; Wealth Tax Act, 1957; ;Finance (No. 2) Act, 1991; Direct Tax Laws (Amendment) Act, 1989; Wealth Tax Rules - Rules 1D and 11

Reported in : (2004)190CTR(Ker)153

III to the WT Act. Rule 11 was inserted in Schedule III to the WT Act by the Finance Act, 1993 w.e.f. 1st April, 1993, which provides that the value of unquoted equity shares in companies other than investment … 1. The Tribunal, Cochin Bench has referred the following question of law for decision by this Court under Section 26(1) of the Gift-tax Act (for short 'the Act') at the instance of the assessee :'Whether, on the

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 … penalty should not be also imposed on under provisions of Rule 15(2) of the Credit Rules read with Section 11 AC of Central Excise Act,1944 for Cenvat credit wrongly taken and utilized on account of suppression of the

Director of Income-tax (Exemptions) Vs. Sheth Mafatlal Gagalbhai Found ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 11, 11(1), 11(2), 11(4A), 11(5), 12, 13, 13(1), 161(1A), 164, 164(1) and 164(2); Finance Act, 1984; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989

Reported in : [2001]249ITR533(Bom)

as if it is the income of the association of persons. Therefore, a proviso was inserted by the Finance Act of 1984 with effect from April 1, 1985, under which in cases where the whole or any part … 1994-95. They were the holders of the shares even after March 31, 1993. In this group of appeals, we are only concerned with the effect … law which arises for determination in the above group of appeals is as follows : 'Whether violation of Section 11(5) read with Section 13(1)(d) by the assessee-trust attracts maximum marginal rate of tax on the entire income of

Mayflower Hotels (P) Ltd. Vs. State of Kerala and ors.

Court : Kerala

Subject : Municipal Tax

Acts : Kerala Finance Act, 1993; Kerala Building Tax Act, 1975 - Sections 3A, 3A(1) and 13(4); Punjab General Sales Tax Act, 1948 - Sections 6(2), 30, 30A and 31; Kerala Building Tax (Amendment) Rules, 1991; Kerala Building Tax Rules - Rule 11 and 11A

Reported in : 2008(1)KLJ394

in the rules in this behalf.The said provision was, however, deleted with effect from 1-3-1993 by the Kerala Finance Act, 1993 (Act 13 of 1993). The Rules came into force as the Kerala Building Tax (Amendment) Rules, 1991 with … Taxation Act, 1976 Held, Exemption from tax in respect of vehicles under detention for non-payment of tax under Section 11, can be claimed provided owner gives intimation to R.T.O., regarding non-user of vehicle in accordance with Section read

Central Bank of India Vs. Coast West Ferro Alloys and 7 ors.

Court : Gujarat

Subject : SICA

Acts : Sick Industrial Companies Act - Sections 2, 3, 15, 16, 17, 18, 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29 and 32; Income Tax Act, 1961 - Sections 72A; Code of Civil Procedure (CPC) - Order 7, Rule 11; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Constitution of India - Article 39; Companies Act, 1956; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 34; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989

Reported in : (2009)1GLR59

where, contention raised by respondent vide Exh.44 that respondent being a sick unit declared by Board of Industrial Finance and Reconstruction (hereinafter referred to as 'BIFR'), therefore, under Section 22(1) of SICA, present suit is not to … company.RDDB Act - Ambit and scope23. The RDDB Act (Recovery of Debts Due to Banks and Financial Institutions Act, 1993) has been enacted with a view 'to provide for the establishment of Tribunals for expeditious adjudication and recovery … Companies Act (hereinafter referred to as 'SICA') read with Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as 'CPC').3. Learned

The Director of Income Tax Vs. Shardaben Bhagubhai Mafatlal Public Cha ...

Court : Mumbai

Subject : Direct TaxationTrusts and Societies

Acts : Income Tax Act, 1961 - Sections 2(31), 11(5), 13(1), 80-L, 160, 161(1), 162, 164 and 260-A; Companies Act, 1956 - Sections 617; Finance Act, 1991; Finance Act, 1992; Finance Act, 1983; Income Tax Act, 1922 - Sections 16(3)

Reported in : (2001)1BOMLR744; (2000)164CTR(Bom)97; 2001(2)MhLj695

which such assets were received or 31st March, 1992, whichever was later. He contended that initially, under the Finance Act of 1991, the Trusts were required to dispose of or convert the assets by 31st March, 1992. However, … the assessee-Trust violated Section 13(1)(d) of the Act in the Assessment Year 1993-94 by not disinvesting the shares of nongovernmental Companies by 31st March, 1993? … and since they failed to do so, the exemption granted to the Trust stood withdrawn for breach of Section 11(5) of the Act. In this group of Appeals, we are not concerned with the question as to whether

G.T.C. Industries Ltd. Vs. the Dy. Cit, Spl. Rg. 50

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

was also concerned with the retrospective amendment to the provisions of Section 143(1A) of the Act by the Finance Act, 1993 w.e.f. 1.4.1989 which was the date upon which Sub-section (1A) itself was introduced in the Act. The Apex … Allahabad High Court considered this question in respect of a reference made under the U.P. Sales Tax Act, Section 11. It said that when a question has been referred to the High Court and, in the meanwhile, the