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Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. J ...

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 35; Finance Act, 1993

Reported in : [2001]121STC80(Ker)

the Deputy Commissioner under Section 35 of the Act. Section 35 of the Act underwent an amendment by Finance Act, 1993 with effect from April 1, 1993. Section 35 of the Act before the amendment is as follows :'Powers

Bari Doab Bank Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 58A, 235, 391, 392, 433, 434 and 583; Banking Regulation Act, 1949 - Sections 45(2); Constitution of India - Article 226

Reported in : AIR1998Delhi95; [1997]89CompCas438(Delhi)

3 is concerned, about 10 months back, one Mr. Vakil allegedly of Vatsa International Ltd. - a non-banking finance company - supposed to be based at Bombay, called upon the ex-director of the petitioner-bank, namely, Mr. Janak … Respondent No. 4 about three years back, i.e., somewhere in the year 1993, was working as additional chief officer in the department of banking operations … manner prejudice the exercise by the Central Government of its powers under clause (b) of sub-section (4) of section 35 of the said Act or the exercise by the Reserve Bank of India of its powers under section

M/S. Bharat Steel Tubes Ltd. Vs Ifci Ltd.

Court : Delhi

Subject : Land Acquisition

this Act (i.e., the SARFAESI Act) or under the Recovery of Debts Due To Banks And Financial Institutions Act, 1993. Section 35 provides that the provisions of SARFAESI Act shall have effect notwithstanding anything inconsistent contained therewith in any other … the Companies Act, 1956 (in short, the Companies Act). The argument being that with repeal of the Industrial Finance Corporation Act, 1948 and defendant being converted into a limited company, for it to retain the status of

Commissioner of Income-tax Vs. Kerala State Coir Corporation Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 18A(2), 18A(5), 18A(6), 28, 33A, 44AB, 142(2), 143(1), 143(1A), 143(2), 143(3), 154, 154(1) and 256(1); Income-tax Rules, 1962 - Rule 6D; Finance Act, 1993; Income-tax (Amendment) Act, 1987; Finance Act, 1990; Indian Income-tax (Amendment) Act, 1953; Indian Income-tax Act, 1922 - Sections 35; Constitution of India - Article 226

Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)

the appeal in view of the retrospective amendment with effect from April 1,1989, of Section 143(1A) by the Finance Act, 1993. Against that order, the assessee preferred an appeal before the Tribunal. According to the Tribunal, there was no … originally on account of interest. After the amendment Act was passed, the Income-tax Officer exercised his power under Section 35 of the Indian Income-tax Act, 1922, and rectified the mistake in the order of assessment and demanded repayment

The State Of Himachal Pradesh Vs. Goel Bus Service Kullu

Court : Supreme Court of India

Subject : Land Acquisition

provisions of the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale therein Act 1993, was 35 under challenge. Justice Nariman speaking for the Bench observed in paragraph 25 that when it comes … 15.04.1998 for the reason that similar provisions enacted in the State of Rajasthan were repealed by the Rajasthan Finance Act, 1977 and, as such, the question raised was held to be no longer a live issue. The said … the State of Rajasthan raise questions relating to the constitutional validity of Section 4-B(3) of the Rajasthan Motor Vehicles Taxation Act, 1951 (hereinafter referred to

Capberry Packings (P) Ltd. Vs. Collector of C. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (1994)LC475Tri(Delhi)

is not a 'Collector' for purposes of appeal. The appeals against the impugned order passed before enactment of Finance Act, 1992 would, however, continue to lie to the CEGAT in terms of Central Board of Excise & Customs, … in the case of Om Prakash Arun Kumar v. Collector of Customs, 1993 (64) E.L.T. 492. In that case the impugned order was passed by … order was passed on 31st December, 1991 and it communicated to the appellants on 25-3-1992 and as per Section 35(1) of the Central Excises and Salt Act, 1944 which falls under Chapter VI-A the appeal was required to

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … the principle laid down in Amministrazione delle Finanze dello Stato v SpA San Giorgio (Case 199/82) [1983] ECR 3595("San Giorgio"), EU law required there to be an effective remedy for monies paid in respect of the tax

Assistant Commissioner of Income Vs. Affection Investments Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2003)80TTJ(Ahd.)278

has quoted wrong facts and date.5.10. The AO has thereafter, placed reliance on the amendment made by the Finance Act, 1995, in which it has been provided that the cost of right renunciation of bonus should be the … of particular cases with due care and discernment bearing in mind the restricted scope of their jurisdiction under Section 35 and the object for what it is conferred." "Each case depends on its own facts, and a close … 21st Jan., 1996, in the case of Sunil Siddharthbhai for asst. yr. 1993-94 of the same group on identical facts and circumstances, wherein it was

Allahabad Bank Vs. Canara Bank and Another

Court : Supreme Court of India

Subject : BankingCompany

Acts : Companies Act, 1956 - Sections 19, 232(1), 442, 445, 446, 529A and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 20, 22, 25 and 34; Constitution of India - Articles 226, 227 and 323A; Banking Regulation Act, 1949 - Sections 5; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 - Sections 3; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Companies (Amendment) Act, 1960; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Old Companies Act, 1913 - Sections 171; Banking Companies Act, 1949 - Sections 45C; Civil Procedure

Reported in : 2000(3)ALLMR(SC)475; 2000(2)CTC723; JT2000(4)SC411; 2000(3)SCALE169; (2000)4SCC406; [2000]2SCR1102; AIR 2000 SC 1535; MANU/SC/0262/2000

of the Companies Act, 1956-namely (i) the Industrial Credit and Investment Corporation of India Ltd; (ii) the Industrial Finance Corporation of India; (iii) the Industrial Development Bank of India; (iv) the Life Insurance Corporation of India and … relating to the impact of the provisions of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter called the RDB Act) on the provisions of the Companies Act, 1956. The immediate dispute before us … before us against an order passed by the learned Company Judge under Sections 442 and 537 of the Companies Act, (in a winding up petition … has to meet Rs. 1,10,000 and that leaves a balance of Rs. 35,000 (Rs. 1,10,000 - Rs. 75,000) to be recovered. He can claim overriding

Central Bank of India Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Sales Tax/VAT

Acts : Bombay Sales Tax Act, 1959 - Sections 38C and 39; Kerala General Sales Tax Act, 1963 - Sections 2, 2(2) and 26B; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 2(1), 13(4), 13(10), 13(12), 11(2), 17, 17(1), 17(2), 17(5), 18, 19(1), 19(6), 19(7), 19(8), 19(12), 19(13), 19(18), 19(19), 20(1), 21, 22, 25, 28, 29, 31(1), 31A, 34(1), 36 and 37; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2004; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 3 to 12, 13, 13(1), 13(2), 13(3A), 13(4), 13(7), 13(9), 13(10), 13(12), 34(1), 35 and 38(1); Kerala Revenue Recovery Act, 1968 - Sectio

Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216; [2009] 3 SCR 735

3 of the Essential Commodities Act, 1955 which is a Central legislation and Section 5(3) of the Bihar Finance Act, 1981 by which surcharge was levied on certain dealers engaged in selling drugs. While negating challenge to the … etc., are inconsistent with the provisions contained in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short `the DRT Act') for recovery of `debt' and the Securitisation and Reconstruction of Financial Assets and … interest' and whether by virtue of non obstante clauses contained in Section 34(1) of the DRT Act and Section 35 of the Securitisation Act, two Central legislations will have primacy over State legislations are the questions which arise