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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 … since the incidence of duty in this case has been passed on to the buyer, therefore, as per Section 27(2) of the Act the amount of Rs.5,21,099/- should be credited to the Consumer Welfare Fund.5. In appeal, however,

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

to various years covered by the block assessment. We find that second proviso to Section 7(2) of the Finance Act, 1995, specifically provides that "the amount of income-tax computed in accordance with the provisions of Section 112 or 113 … to 18.11.1999, dated Nil, stated in the brief facts of the case by the assessee as completed on 27.4.2001, filed with the Tribunal on 13.12.2001, challenging the levy of surcharge of Rs. 3,65,680 on the tax of

Binny Limited Vs. the Acwt, Jt. Cwt, Special Range Vi

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2006)280ITR179(Chennai)

of stock-in-trade, but this limit was originally fixed at 3 years from the date of acquisition by the Finance Act, 1993 and the limit of 3 years was extended to 5 years by the Finance Act, 1994, w.e.f. … the basis of sale agreement as this property was sold in December, 1995 at Rs. 90,90,000 per ground, after allowing discount in conformity with the … 1 : A building or part thereof referred to in Clause (iii), Clause (iiia) or Clause (iiib) of Section 27 of the Income-tax Act shall be includible in the net wealth of the person who is deemed under

National Dairy Development Board Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)114TTJ(Ahd.)145

system of accounting. The provisions of Section 145 pertaining to the method of accounting were amended by the Finance Act, 1995 w.e.f. 1st April, 1997 as a result of which, every assessee was required to maintain its books of … resolution dt. 13th May, 2002, the contents of the note relating to the said resolution, another resolution dt. 27th May, 2002 ratifying the proposal. After quoting this resolution, he held that the policy of accounting the interest

Binny Ltd. Vs. Asstt. Cwt, Central Circle Ii(4)

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2005)96ITD500(Chennai)

of stock-in-trade, but this limit was originally fixed at 3 years from the date of acquisition by the Finance Act, 1993 and the limit of 3 years was extended to 5 years by the Finance Act, 1994, with … the basis of sale agreement as this property was sold in December, 1995 at Rs. 90,90,000 per ground, after allowing discount in conformity with the … valuation date.1: A building or part thereof referred to in clause (iii), clause (iiia) or clause (iiib) of section 27 of the Income Tax Act shall be includible in the net wealth of the person who is deemed

Shri Ashok Kumar Tyagi Vs. the Lokayukta and ors.

Court : Delhi

Subject : Civil

Acts : Delhi Liquor license Rules, 1976 - Rules 33, 33(1A) and 33(8); Delhi Liquor license Act - Sections 33(1A); Companies Act, 1956 - Sections 617; Municipal Corporation Act, 1957; Municipal Corporation (Amendment) Act, 1993; Punjab Excise Act - Sections 41; ; Delhi Lokayukta and Upalokayukta Act, 1995 - Sections 2 and 7; Delhi Co-operative Societies Act, 1972

Reported in : 2003IVAD(Delhi)669; 105(2003)DLT351; 2003(69)DRJ323

order observing that opening of this vend at the said place was contrary to rules. On 25.9.2002 the Finance Minister filed a detailed affidavit before the Lokayukta reiterating Government's stand that action of Excise Department in granting … an issue with respect to the powers and jurisdiction of the Lokayukta under the Delhi Lokayukta and Upalokayukta Act, 1995 ( hereinafter referred to as `the Act' for short). It may be mentioned at this stage itself that … of Chartered Accountants was not an educational institute within the meaning of Section 33(1A) of the Delhi Liquor license Rules. He concluded his affidavit by … of the said vend. Based thereon respondent No. 3 passed order dated 27.9.2002 cancelling this vend. It is in this context that powers of the

Ericsson Telephone Corporation Vs. Commissioner of Income-tax

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (1997)224ITR203AAR

India AB Vs.Income Tax Act, 1961 - Sections 9(1), 28 to 44C, 44D, 115A, 195(2), 245R and 245R(2); Finance Act, 1995; Agreement for Advance Avoidance of Double Taxation Between India and Sweden - Articles 7, 7(3) and 13 1. … Appellants: Ericsson Telephone Corporation India AB Vs.Income Tax Act, 1961 - Sections 9(1), 28 to 44C, 44D, 115A, 195(2), 245R and 245R(2); Finance Act, 1995; Agreement for Advance Avoidance of

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 … duty.16. It so happened that the interest part itself was a huge amount being a sum of Rs. 27,52,744/- for the period ending upto 30-9-2004 in W.P. No. 26605 of 2005 and Rs. 25,19,735/- in W.P. No.

Zunjarrao Bhikaji Nagarkar Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Central Civil Services(Classification, Control and Appeal) Rules, 1965 - Rule 14; Central Excise Act, 1944; Finance Act, 1995 Sections 11-A, 33, 35B and 37; Central Excise Rules, 1944 - Rules 9, 49, 52A, 53, 173G,Q and 226; Income Tax Act, 1961 - Sections 129, 139, 142, 143(1), 144A, 148 and 271; CCS(Conduct) Rules, 1964 - Rule 3(1); Orissa Sales Tax Act, 1947 - Sections 7, 11, 12(5) and 25(1); Indian Penal Code (IPC), 1860 - Sections 63 and 325; Drug and Cosmetics Act, 1940 - Sections 18, 27 and 34; Code of Civil Procedure (CPC) - Order 7, Rule 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 14 and 19

Reported in : AIR1999SC2881; 1999(66)ECC40; 1999LC29(SC); 1999(112)ELT772(SC); JT1999(5)SC366; (2000)ILLJ728SC; 1999(4)SCALE480; (1999)7SCC409; [1999]Supp1SCR87; 2000(1)SLJ291(SC)

is now called Commissioner after amendment of the Central Excise Act, 1944 (for short the 'Act') by the Finance Act of 1995. Presently the appellant is posted as Director, National Academy of Customs, Excise and Narcotics, Mumbai. He … used under Section 34 of the Drug and Cosmetics Act, 1940. In that case, this Court was considering Section 27 of the Drugs and Cosmetics Act, 1940, which enumerates the penalties for illegal manufacture, sale, etc., of drugs

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

till date, may be borne in mind to appreciate the controversy. The said Chapter was inserted by the Finance Act, 1995. The scope and effect of the said Chapter has been explained by Central Board of Direct Taxes (CBDT) … Finance Act, 2002 which has been explained in Circular No. 8/2002 dated 27.08.2002. The relevant extract of the said Circular reads as under:61. Rationalisation of … Association of Persons (AOP) declaring income of Rs. 5,05,087/- came to be filed.3. On 24.11.1995 search proceedings Under Section 132 of the Income Tax Act, 1961 (the Act) were carried out at the residential premises of three