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Sep 22 2006

C.T. Cotton Yarn Ltd. Vs. Commissioner of Central Excise, Indore

Court : Supreme Court of India

Decided on : Sep-22-2006

Subject : Excise

Acts : Central Excise Tariff Act, 1985 - Sections 3, 3(1) and 11A; Finance Act, 1995

Reported in : 2006(202)ELT385(SC); JT2006(12)SC199; 2006(9)SCALE463; (2006)7SCC794

after having been passed, received the assent of the President of India on 26.5.1995 and thus became the Finance Act, 1995. On 4.12.1995 the Department issued a notice to the appellant to show cause why duty on the quantity … Domestic Tariff Area during the period from1.5.1995 to 31.7.1995, be not imposed in terms of the proviso to Section 3(1) of the Act read with the concerned notification. Yet another notice was issued by the Department dated 22.7.1996

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Nov 14 2005

R.T.O. Vs. Bhaskar Salian

Court : Kerala

Decided on : Nov-14-2005

Subject : Motor Vehicles

Acts : Kerala Motor Vehicles Taxation Act, 1976 - Sections 3; Constitution of India - Article 301; Finance Act, 1993; Finance Act, 1995; Motor Vehicles Act, 1988 - Sections 88(3); ;Kerala Motor Vehicles Rules, 1989 - Rule 267(2); Rajasthan Motor Vehicles Taxation Act

Reported in : II(2006)ACC746; 2006(2)KLT194

50/- per passenger per quarter. The rate was enhanced to Rs. 100/- with effect from 1.4.1995 by the Finance Act, 1995. Later it was enhanced to Rs. 150/- and so on. Rule 267(2) of the Kerala Motor Vehicles Rules … of List II of the VII Schedule of the Constitution of India and impose tax on motor vehicles. Section 3 of the Act dealing with levy of tax reads as follows:3. Levy of tax.-(1) Subject to the provisions

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Jul 20 1999

Commissioner of Income Tax, Bombay Vs. M/S. Ruia Stud and Agricultural ...

Court : Mumbai

Decided on : Jul-20-1999

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 43(3) and 256(1); Finance Act, 1995

Reported in : 2000(2)BomCR428; [1999]240ITR312(Bom); 1999(3)MhLj848

controversy has now been set at rest by the amendment of section 43(3) by the Parliament by the Finance Act, 1995 with retrospective effect from the inception of the Act i.e. 1st April, 1962 to exclude tea bushes and

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Apr 13 2009

Dharampal Satyapal Limited Vs. the Commercial Tax Officer,

Court : Chennai

Decided on : Apr-13-2009

Subject : ExciseSales Tax/VAT

Acts : Tamil Nadu General Sales Tax Act, 1959 - Sections 3, 3A, 3B, 3(2) and 8; Central Sales Tax Act, 1956 - Sections 14 and 15; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Finance Act, 1996; Central Excise Tariff Act, 1985; Central Administrative Act; Finance Act, 1995; Finance Act, 2001; Central Excise Act; Andhra Pradesh General Sales Tax Act; State Sales Tax Act - Sections 8; Delhi Sales Tax Act; Minimum Wages Act; Orissa Sales Tax Act; Uttar Pradesh Sales Tax Act; Prevention of Food Adulteration Act, 1954 - Sections 7; Constitution of India - Articles 246, 286 and 286(3)

Reported in : 2009(243)ELT179(Mad); (2009)24VST193(Mad)

'Khara Masala','Kimam', 'Dokta', 'Zarda','Sukha' and 'Surti'.24.04 2404.41 Bearing a brand name 25% 10%2404.49 Other 'Nil' 'Nil'=================================================16. By the Finance Act, 1995, 'Pan Masala' was brought under the Heading 21.06. In the year 1995, the IV Schedule was amended, and … one or more of these ingredients at Sl. No. 2 of Part-J of the First Schedule read with Section 3(2) of the TNGST Act.3. It is admitted by the petitioners that the period of dispute is only from

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Feb 18 2009

A.R.A. Basith Saheb Charitable Trust Vs. Karnataka State Board of Wakf ...

Court : Karnataka

Decided on : Feb-18-2009

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 3, 13, 32, 36, 44, 72, 72(1) and 109

Reported in : ILR2009KAR2403; 2009(4)KarLJ90

Parliament enacted the Wakf Act, 1995. One of the object in enacting this law is to strengthen the finance of the Wakf Board, one of the measures being contemplated is to raise the rate of the contribution … demand notices at Annexures-J, K and 1 or in the alternative to declare Section 72 of the Wakf Act, 1995, as unconstitutional.2. The petitioner A.R.A. Basith Saheb Charitable Trust is a Private Trust located at Mysore Road, Bangalore, … budget estimate for the year 2005-06 and demanded a sum of Rs. 3,13,830/- being the provisional demand towards Wakf contribution as per Annexure-A. The petitioner

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Oct 30 2009

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Decided on : Oct-30-2009

Subject : CivilElection

Acts : Wakf Act, 1995 - Sections 3, 3(1), 5(1), 10, 13, 13(2), 14, 14(1), 15, 16, 23, 25, 26, 32, 32(1), 32(4), 32(5), 50 to 53, 64, 65 and 109; Wakf Act, 1954 - Sections 6; Wakf (Amendment) Act, 1984 - Sections 10, 66G and 66H; Wakf (Amendment) Act, 1959; Wakf (Amendment) Act, 1964; Wakf (Amendment) Act, 1969; Mussalman Wakf Validating Act, 1913; Mussalman Wakf Validating Act, 1930; Religious Endowments Act, 1863; Shariath Application Act, 1937; Shri Jagannath Temple Act, 1954 - Sections 28B and 28C(9); Dargah Khawaja Saheb Act, 1955; Wakf Act, 1913; Official Trustees Act, 1913; Charitable Endowments Act, 1890; Madras Hindu Religious and Endowments Act, 1927; Madras Hindu Religious and Endowments Act, 1951; Indian Trusts Act, 1882; Bengal Wakf Act, 1934; Andhra Pradesh Charitabl

Reported in : 2010(1)ALT112

of the Muslim community are to be elected and in the light of definition under Clause (k) of Section 3 of the Wakf Act, 1995, it cannot be said that the members of the Wakf Board elected through … Ghulam Mohammed, J.1. These two writ petitions are filed praying this Court to declare provisions of the Wakf Act, 1995 (Central Act 43 of 1995) particularly Section 14 of the Wakf Act, unconstitutional, arbitrary and violative of Articles … the Executive Officer in respect of the certain institutions, strengthening of the finances of the Wakf Board, restrictions on the powers of the Muthawallies in

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Nov 09 2000

Hidrive Finance Ltd. Vs. Appropriate Authority and ors.

Court : Delhi

Decided on : Nov-09-2000

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 269UA, 269UC, 269UC(1), (2), (3), (4), 269UD, 269UD(1A), (1B), 269UK, 269UK(1), (2) and 276AB; Urban Land (Ceiling and Regulation) Act, 1976; Transfer of Property Act, 1882; Finance Act, 1995 - Sections 269UC(4)

Reported in : 2001IAD(Delhi)472; 89(2001)DLT791; 2000(57)DRJ882; [2001]249ITR34(Delhi)

was referred to and it was held that Sub-section (4) which was inserted in Section 269UC by the Finance Act of 1995 with effect from July 1, 1995, was not intended to confer power on the appropriate authority … of Section 269UK read with Sections 269UK(1) and 269UA(f)(i) of the Act. The statement filed in Form No. 37-1 on April 23, 1999, was held to be not maintainable in law as it was in respect of

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Nov 27 1997

Jagdish A. Sadarangani Vs. Government of India

Court : Supreme Court of India

Decided on : Nov-27-1997

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269UC, 269UC(2), 269UC(4), 269UD, 269UL and 269UL(3)

Reported in : (1998)146CTR(SC)105; [1998]230ITR442(SC); JT1998(9)SC241; (1998)8SCC409; 1998Supp(8)SCC409

statement shall be deemed never to have been furnished.5. Sub-section (4) was inserted in Section 269-UC by the Finance Act, 1995, with effect from 1-7-1995. Section 269-UC, as it stood before the said amendment of 1995, came up for … and 954 sq mt of built-up area. On the same date, i.e., 7-9-1995, an application in Form No. 37-I was filed before the appropriate authority, Madras. The appropriate authority addressed a letter dated 30-10-1995 to the intending

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Jul 24 2006

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Decided on : Jul-24-2006

Subject : Sales TaxConstitution

Acts : Sales of Goods Act, 1930 - Sections 3, 4 and 9; Rajasthan Sales Tax Act, 1994 - Sections 2(42), 2(44) and 4A; Finance Act, 2004 - Sections 4A and 4A(1); Standards of Weights and Measures Act, 1976; Standards of weights and Measures Rules; Constitution of India - Articles 246, 286 and 366(29A); ;Constitution of India (42nd Amendment) Act, 1982 - Article 366; Constitution of India (46nd Amendment) Act; Drug Price Control Order, 1995; Essential Commodities Act, 1955 - Sections 3; Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Contract Act - Sections 77; Income Tax Act, 1961 - Sections 28 to 43C, 44AC, 44AC(1) and 206C; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990 - Sections 44AC; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales T

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

Weights and Measures Act and the provisions of Drug Price Control Order, 1995 (in short 'Control Order), issued by the Central Government under Section 3 … that 4A of the Rajasthan Sales Tax Act, 1994 (in short the 'Act') as introduced by the State Finance Act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or … of such retail sale prices shall be deemed to be the retail price for the purpose of this Section.3. Writ Petition was filed by the present respondent questioning constitutional validity of the aforesaid provision. Section 4A in

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Nov 17 2006

Commissioner of Income-tax Vs. Prasar Bharti (Broadcasting Corprn. of ...

Court : Delhi

Decided on : Nov-17-2006

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AA, 194C, 194C(1), 194J, 201, 201(1A) and 260A; Finance Act, 1995

Reported in : (2007)208CTR(Del)317; 135(2006)DLT36; [2007]292ITR580(Delhi)

cent of such payment in case of advertising and two per cent in all other cases.5. By the Finance Act, 1995, with effect from 1.7.1995, Explanationn III was inserted in Section 194C which reads as under:Explanation III.__For the purposes … order dated 21.4.2006 passed by the Income Tax Appellate Tribunal (`ITAT') Delhi Bench allowing the appeals (ITA Nos. 3786 to 3791/Del/2005) filed by the respondent Prasar Bharti (Broadcasting Corporation of India). While the impugned order dated 21.4.2006

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