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Aug 26 2014

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

Court : Mumbai

Decided on : Aug-26-2014

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

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Jan 11 2007

Chandraprabha Charitable Trust Vs. State of Kerala

Court : Kerala

Decided on : Jan-11-2007

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1991 - Sections 35, 35(1), 35(2), 37(5), 39, 39(1), 39(6), 41 and 41(2); Finance Act, 2000; Income Tax Act, 1961

Reported in : (2007)209CTR(Ker)432; [2007]292ITR122(Ker)

for a second return and in the wake of prospective nature of the amendment brought in by the Finance Act of 2000, was the Tribunal correct in holding that it is the limitation prescribed under Section 41 for … Assessee is the revision petitioner and the assessment relates to the year 1993-94. Assessee is a charitable trust which was assessed to a net agricultural … AAC. Contention was raised that the assessment was barred by limitation. It was pointed out that as per Section 39(6) of the Agrl. IT Act, 1991 any assessment other than those pending on the date of commencement of

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Oct 14 2008

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

Court : Gujarat

Decided on : Oct-14-2008

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 … towards securing the principles specified in Clauses (b) and (c) of Article 39 of the Constitution. Section 3 defines various terms used in the Act.

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Jun 07 2011

idbi Ltd. Vs. the Official Liquidator.

Court : Mumbai

Decided on : Jun-07-2011

Subject : Company Law

Acts : Companies Act, 1956 - Sections 529A, 529, 456(2),132, 125, 529(1), 446, 537, 529A(1), 529A(1)(b), 529(1)(c), 446(2), 19(22), 124 ; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19, 19(22), 25, 28,17, 34, 29,30, 18, 34, 38 ;

Rs.4,67,12,273/ Rs.5,87,40,833/ MahindraBank Ltd.2 Industrial Rs.11,51,25,284/ Rs.1,81,25,000/ Rs.4,62,82,440/ Rs.6,44,07,440/ Development Bank of India3 Industrial Rs.3,22,26,201/ Rs.83,14,828/ Rs.1,95,48,951/ Rs.2,78,63,779/ Finance Corporation of India Ltd.4 Bank of Rs.2,93,13,955/ Rs.1,97,66,602/ Rs.1,19,39,779/ Rs.3,17,06,381/ Maharashtra5 Bank of India Rs.2,72,24,644/ Rs.2,14,45,381/ Rs.79,24,858/ Rs.2,93,70,239/ … the Debts Recovery Tribunal under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 ("the RDB Act" for short) on the basis of the hypothecation deeds dated 28-3-1984 and 17-9-1984 and also

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Feb 13 1995

Commissioner of Income-tax Vs. Beehive Engineering Co. and Allied Indu ...

Court : Andhra Pradesh

Decided on : Feb-13-1995

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 28 and 80HH

Reported in : (1996)136CTR(AP)321; [1996]221ITR561(AP)

orders of the Tribunal. Before we construe the definition of the 'industrial company' in section 2(7)(c) of the Finance Act, 1978, it would be useful to notice the findings of fact recorded by the Tribunal. 6. From the

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Aug 25 2008

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-25-2008

Subject : SICABanking

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 2, 3, 15 to 19, 19A, 20, 21, 22, 22(1), 22A, 25, 29, 32 and 32(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25, 28, 29, 30, 34, 34(1) and 34(2); Income Tax Act, 1961 - Sections 72A; Companies Act, 1956 - Sections 529(1) and 529A; Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 29 and 46B; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Small Industries Development Bank of India Act, 1989; Code of Civil Procedure (CPC) , 1908 - Sections 9; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000;

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

for short) for recovery of Rs. 25,26,60,836/- under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the `RDDB' Act). On June 10, 2002, M/s Roland Exports (successor of Goindwal Industrial … permission of the competent authority 'notwithstanding anything contained in any other law for the time being in force'. Section 39 of the Act further declared that the provisions of the Act shall take effect 'notwithstanding anything inconsistent therewith … was the predecessor of the Stressed Assets Stabilisation Fund (`SASF' for short), financed the project undertaken by the Company by way of foreign currency loan

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Jan 29 2016

M/S Madras Petrochem Ltd. and Anr. Vs. Bifr and Ors.

Court : Supreme Court of India

Decided on : Jan-29-2016

Subject : Company

Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust … company owning an industrial undertaking with another company. The Recovery Of Debts Due To Banks And Financial Institutions Act, 1993 Section 17. Jurisdiction, powers and authority of Tribunals. (1) A Tribunal shall exercise, on and from the appointed day, … derogation of, the other laws mentioned therein including SICA.” [at paras 36, 39, 40, and 48].33. A conspectus of the aforesaid decisions shows that the

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Jun 17 2005

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jun-17-2005

Subject : Direct Taxation

Reported in : (2005)96TTJ(Kol.)1041

contrary view overruling the Tribunal decision considering the Explanation to Section 90(2) of the Act, inserted by the Finance Act, 2001." 39. The relevant facts relating to this issue are that the AO had levied tax in this … 1. These 4 appeals of the assessee relating to asst. yrs. 1992-93, 1993-94, 1994-95 and 1995-96 involving some common issues are disposed of by this consolidated order.2. The appellant is a

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Aug 30 2012

Prism Cement Limited, (Formerly Known as H and R Johnson (India) Limit ...

Court : Mumbai

Decided on : Aug-30-2012

Subject : Sales Tax

that under Section 8(5) of the Central Sales Tax Act, 1956 ('CST Act' for short) as amended by Finance Act 2002 with effect from 11th May 2002, the State Governments are empowered to grant exemption only in respect … Act 2002 affects the vested right of the eligible unit of the petitioner No.1 set up under the 1993 Scheme to claim exemption under Notification dated 5th July 1980 issued under the unamended Section 8(5) upto the … Limited V/s. State of Rajasthan and others reported in (2000) 117 STC 395 (S.C.) over-ruling its decision in the case of the very same assessee

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Aug 30 2012

Prism Cement Limited, (Formerly Known as H and R Johnson (India) Limit ...

Court : Mumbai

Decided on : Aug-30-2012

Subject : Sales Tax

that under Section 8(5) of the Central Sales Tax Act, 1956 ('CST Act' for short) as amended by Finance Act 2002 with effect from 11th May 2002, the State Governments are empowered to grant exemption only in respect … Act 2002 affects the vested right of the eligible unit of the petitioner No.1 set up under the 1993 Scheme to claim exemption under Notification dated 5th July 1980 issued under the unamended Section 8(5) upto the … Limited V/s. State of Rajasthan and others reported in (2000) 117 STC 395 (S.C.) over-ruling its decision in the case of the very same assessee

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