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Aug 06 1999

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

Court : Supreme Court of India

Decided on : Aug-06-1999

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 … may as well note sequence of events leading to the issuance of the memorandum dated September 2, 1997.5. Section 33 of the Act gives powers to Central Excise authorities to adjudicate. Under this Section 'where by the rules

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Apr 08 2003

Shri Ashok Kumar Tyagi Vs. the Lokayukta and ors.

Court : Delhi

Decided on : Apr-08-2003

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

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May 12 2000

Commissioner of Income Tax Vs. Anand theatres

Court : Supreme Court of India

Decided on : May-12-2000

Subject : Direct Taxation

Reported in : (2000)160CTR(SC)492; [2000]110TAXMAN338(SC)

Hotel's case (supra) the Legislature amended the definition of 'plant' in section 43(3) of the Act by the Finance Act, 1995. The amending section clearly shows that the legislative intent was never to exclude cinema and hotel buildings which … use as a hotel is nevertheless a building for the purpose of depreciation. (v) Section 32(1)(iia) and section 33(1)(b)(B)(ii) and the Appendix to the Income Tax Rules speak of plant and machinery installed in premises used as

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Jun 07 2004

Gal Offshore Services Limited Vs. the Asst. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-07-2004

Subject : Direct Taxation

Reported in : (2005)92ITD525(Mum.)

assessment year 1996-97 onwards. He invited our attention to the provisions of Section 33 AC as amended by Finance Act, 1995 with effect from 1-4-1996. The Section reads as below :- "33AC. Reserves for shipping business - (1) In

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Mar 07 2008

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-07-2008

Subject : Direct Taxation

Reported in : (2008)301ITR171(Kol.)

the circumstances spelt out in Circular No. 220 were inclusive by way of examples and not exhaustive.5. That Finance Act, 1995 amended Section 40A(3) with effect from April 1, 1996, by which disallowance under Section 40A(3) was reduced to

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Jul 06 2006

Shree Ambay Forgings Pvt. Ltd. Vs. Commissioner of Cen. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jul-06-2006

Subject : Land Acquisition

Reported in : (2006)(112)ECC311

penalty & interest provisions on Modvat Credits when Clause XVIC was inserted in Section 37(2) vide amendment by Finance Act, 1995 & notification 25/95 CE(NT) dt 31.5.95 then issued or Clause 1(bb) added vide Finance Act 1999 to bring

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Jun 04 2001

Reliance Industrial Infrastructure Ltd. Vs. Jt. Cit

Court : Mumbai

Decided on : Jun-04-2001

Subject : Direct Taxation

Reported in : (2002)75TTJ(Mumbai)606

is only with effect from assessment year 1997-98 that the new provisions of section 145(2) substituted by the Finance Act, 1995, have come into operation which alone have empowered the Central Government to notify Accounting Standards to be followed … inasmuch as the decision has not been accepted by the Special Bench in (1998) 62 TTJ (Hyd) (SB) 33 : (1998) 65 lTD 17 (Hyd) (supra) and it is contrary to several decisions of the Supreme Court.16.

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Apr 15 2004

Ravi Kumar Arora Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Apr-15-2004

Subject : Service

Acts : Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 2 and 33; Public Work Department Act - Sections 33; ;Standard Rules - Rule 22

Reported in : 111(2004)DLT126; 2004(3)SLJ486(Delhi)

said post, the petitioner worked as an Income-tax Inspector, CBDT, Ministry of Finance after qualifying in the Staff Selection Exam with 13th rank under the … which resulted in the legislation of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ( hereinafter to be referred to as, 'the said Act' ) are sought to be negated by the … concerned is not suitable for persons with any kind of disability, exemption would have to be obtained under Section 33 of the said Act and the DOPT was directed to monitor and ensure that the concerned Cadre Controlling

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Nov 03 1995

Shyam Agarwal Vs. State of Bihar and ors.

Court : Patna

Decided on : Nov-03-1995

Subject : Sales Tax

etc., relating to various transactions, as also for quashing the notice issued under Section 33(5)(a) of the Bihar Finance Act. (in short the Act'), whereby the petitioner was asked to show cause as to why a penalty be

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Jan 04 2001

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jan-04-2001

Subject : Constitution

Acts : Constitution of India - Articles 38, 38(1) and 38(2), 41, 51, 226, 256 and 356; Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 2, 32 and 33; Cantonment Act, 1924

statutory provisions of the enactment namely, the persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as the 'Act'. The Parliament passed the said Act in the year 1995. The said … total vacancy and the State cannot be permitted to escape such obligation without valid or cogent reasons. 13. Section 33 of the act has classified three categories of persons who are entitled for such reservation :- (i) blindness … (i) in relation to the Central Govt. or any establishment whollyor substantially financed by the Government, or a Cantonment Board constituted under the Cantonment Act,

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