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P.P. Ummerkutty Vs. Assistant Commissioner of Income Tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132, 132(1), 132A, 158BC, 158BFA, 158BFA(1), 158BFA(2) and 271(1); Finance Act, 1995 - Sections 158B to 158BH; Constitution of India - Articles 25 and 226

Reported in : (2005)199CTR(Ker)1

the abovementioned contention. Counsel submitted Sub-section (2) of Section 158BFA falls under Chapter XIV-B which was inserted by Finance Act, 1995. Chapter XIV-B deals with special procedure for assessment of search cases. Counsel submitted there is no illegality in

Smt. Jyoti M. Bhandari Vs. Asstt Cit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2006)6SOT375(Ahd.)

relied upon by the assessees are prior to the amendment by the Finance (No. 2) Act, 1998 and Finance Act, 2002 with retrospective effect from 1-7-1995. The Explanation which the assessees relied upon was inserted by Finance (No. … These two appeals by two assessees are against the orders of assessing officer passed under section 158BD read with section 158BC of the Income Tax Act, 1961 for the block period 1-4-1985 to 31-3-1995

Bhagwati Coke Industries Pvt. Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales Tax

Acts : Bihar Reorganization Act, 2000 - Sections 2 and 3; Bihar Finance Act, 1981 - Sections 7(3), 84 and 86

Reported in : [2003(2)JCR293(Jhr)]

478 issued by the Government of Bihar on 22nd December, 1995 in terms of Section 7(3)(b) of Bihar Finance Act, 1981.2. The petitioners, except petitioner No. 5, have their business activities in the State of Bihar, where they

The Commissioner of Commercial Tax, Ranchi and anr. Vs. Swarn Rekha Co ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 7(3); Bihar Re-organization Act, 2000 - Sections 2, 3 to 8 84, 85 and 91; ;Bihar Sales Tax Rules, 1983; Bihar Advertisement Tax Act, 1981; Bihar Entertainment Tax Act, 1948; Bihar Entertainment Tax Rules, 1984; Bihar Electricity Duty Act, 1948; Bihar Electricity Duty Rules, 1949; Bihar's Hotel, Luxury Goods Taxation Act, 1988; Bihar's Hotel, Luxary Goods Taxation Rules, 1988; Bihar Taxation Act, 1943; Bihar Taxation Rules; Central Sales Tax (Bihar) Rules, 1957; Bihar Commerce Tax Tribunal Regulations, 1979; Central Sales Tax Act, 1956; Punjab Re-organization Act, 1966 - Sections 88; Constitution of India; Bihar Advertisement Tax Rules, 1984

Reported in : 2005(1)BLJR114; [2005(1)JCR166(SC)]; JT2004(Suppl1)SC608; 2004(5)SCALE596; (2004)6SCC689; [2004]136STC57(SC); AIR 2004 SC 3380

of Bihar crystallized in the Notification of the Government of Bihar issued under section 7(3)(b) of the Bihar Finance Act 1981 published in the Official Gazette on 22.12.1995, enures to the benefit of the beneficiaries under the Policy … B.P. Singh, J. 1. Leave granted in S.L.P. (c) No. 13401 of 2003. 2. In this batch of appeals by special leave, common questions of law arise for determination which for

Larsen and Toubro Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Other Taxes

Acts : Constitution of India - Articles 3, 19(1), 265, 277, 278, 286 and 372; Madhya Pradesh Commercial Tax Act, 1994 - Sections 4 and 9; Madhya Pradesh Commercial Tax (Amendment) Act, 1995; Madhya Pradesh Reorganisation Act, 2000 - Sections 2, 3, 75, 76,77, 78,79, 80, 81, 83, 85, 113, 119 and 120; Madhya Pradesh Deferment of Tax Rules, 1986; Madhya Pradesh General Sales Tax Act, 1958 - Sections 12 and 22D; Central Sales Tax Act, 1956 - Sections 8(5) and 13; State Re-organisation Act, 1956 - Sections 15; Punjab New Capital (Periphery) Act, 1952; Hyderabad General Sales Tax Act, 1950; Madras General Sales Tax Act, 1939; Punjab Reorganisation Act, 1966 - Sections 89; Adaptation of Laws Order, 2002; Chhattisgarh Vanijyik Kar Adhiniyam

Reported in : [2004]137STC269(MP)

to any such benefit has to be considered with reference to the statutory orders made under the Bihar Finance Act because notwithstanding the terms of the policy, unless corresponding provisions are made by issuing notifications/orders under the Bihar … its own, the Industrial Policy of the erstwhile State of Bihar of 1995 came to an end and therefore, any tax benefit available to units … foundation or base of promissory estoppel.9. To appreciate the real core issues it is pertinent to refer to Section 2(f) of the Re-organisation Act. It reads as under :--'2(f). 'law' includes any enactment, Ordinance, regulation, order, bye-law, rule,

Shree Rajasthan Texchem Ltd. and ors. Vs. Union of India (Uoi) and ors ...

Court : Rajasthan

Subject : Excise

Reported in : 2008(229)ELT50(Raj)

speed diesel oil at any time during the period commencing on and from the 16th day of March, 1995 and ending with the day, the Finance Act, 2000 receives the assent of the President, shall be deemed … of the case, the Tribunal was right in coming to the conclusion that under Section 112(2)(b) of the Finance Act, 2000 interest can be levied even without there being adjudication of show cause notice, which are pending decision

Commissioner of Income-tax Vs. Lakshmi Industries (P.) Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1977 - Sections 2(7); Finance Act, 1978 - Sections 2(7)

Reported in : [1996]222ITR36(Mad)

So also for the assessment year 1978-79, the assessee claimed the same benefit under Section 2(7)(c) of the Finance Act, 1978. However, the Income-tax Officer denied this concession on the ground that the assessee is not an industrial

Afrique Tradelinks Pvt. Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Subject : Customs

Acts : Customs Act, 1962 - Sections 18, 18(2), 27, 27(1), 27(2), 27A and 28C; Finance Act, 1995

Reported in : (2004)2GLR667

At this stage, we may also note the departmental instructions as contained in the explanatory note to the Finance Act, 1995 (22 of 1995) as contained in para 67.21 which reads as under :-'SECTION 27A INTEREST ON DELAYED REFUNDSA … for a direction to the respondent authorities to give the petitioners refund of Rs.5,21,099/- alongwith interest under Section 27A of the Customs Act, 1962 for the period from 31.1.1996 till the date of actual payment of the

The Comissioner of Income-tax, Bombay City-ix, Bombay Vs. Shri J.V. Ko ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10(13), 15, 16, 17(3), 41, 44, 45, 59, 192(5), 256(1) and 280-D; Finance Act, 1995

Reported in : 1998(4)BomCR821; [1999]235ITR239(Bom)

this anomaly and with a view of bringing such receipts within the provisions of the law, by the Finance Act, 1995, amended section 17(3)(ii) of the Act to restrict the exclusion from the definition of 'profits in lieu of … approved superannuation fund was not income of the assessee in view of the definition of income contained in section 2(24) read with section 17(3) of the Act, allowed the appeal of the assessee and held that the amount

Karnataka Woods and Plywoods Vs. Union of India (Uoi) and ors.

Court : Karnataka

Subject : Excise

Acts : Central Excises Act, 1944 - Sections 11A, 11A(2), 11AA, 11AB and 35L; Central Excise Tariff Act, 1985; Finance Act, 1995; Parent Act; Constitution of India - Articles 226, 227 and 265; Central Excise Rules, 1944 - Rule 173G and 173I

Reported in : 2009(171)LC1(Karnataka); 2009(4)KarLJ683

the assessee, the Legislature introduced the provisions of Section 11AA of the Central Excise Act by way of Finance Act, 1995 and with effect from 26-5-1995.Section 11AA reads as under:Section 11AA. Interest on delayed payment of duty.-(1) Subject to … productive for the assessee again the matter was brought to this Court by way of Writ Petition Nos. 28128 to 28135 and 28195 to 28200 of 1999. Again there was no success for the assessee as not