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Charak Pharmaceuticals (i) Ltd Vs. Union of India and ors.

Court : Delhi

Subject : Excise

Acts : Constitution of India - Article 226; Finance Act, 1962 - Sections 86 to 98

Reported in : 2000IIAD(Delhi)363; 2000(52)DRJ544; 2000(67)ECC749

The Finance Act introduced a Scheme, christened as KVSS, consisting of Sections 86 to 98 (both inclusive) as also a Schedule with a view to … 'tax arrear' within the meaning of Section 87(m)(ii) of the Finance (No. 2) Act, 1998 (for short `the Finance Act'). 7. The petitioner filed an appeal against the order, dated 17th September, 1998, which is stated to be … dated 21st January 1999, pertaining to the additional excise duty demand (Rs.19,29,642/-) for the period from 1st September, 1995 to 31st January, 1998, filed by the petitioner under the provisions of the Kar Vivad Samadhan Scheme, 1998

Charak Pharmaceuticals (i) Ltd. Vs. Union of India

Court : Delhi

Subject : Direct Taxation

Reported in : [2000]109TAXMAN290(Delhi)

The Finance Act introduced a Scheme, christened as KVSS, consisting of sections 86 to 98 (both inclusive) as also a Schedule with a view to … within the meaning of section 87(m)(ii) of the Finance (No. 2) Act, 1998 (hereinafter referred to as 'the Finance Act').7. The petitioner filed an appeal against the order dated 17-9-1998, which is stated to be pending. However, in … Commissioner, Central Excise, Division Sonepat - respondent No. 4 herein, demanding duty difference for the period from January 1995 to April 1995, calculated on the aforenoted basis. Subsequently, on 25-10-1995, yet another show-cause notice, on the same

Birla Tyres Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2004)88ITD1(Kol.)

normally subjected to tax at the rates which are applicable to an Individual, HUF as specified in the Finance Act for the relevant assessment year. However, Section 167B is a departure from such normal position. Under Section 167B(1), … deciding the taxability of the member-share in the income of AOP. For the purpose of deciding the issue, Section 86 of the Act should have been considered by ld. Commissioner. Section 86 of the Act envisages 3 different … the members is limited company which is taxable for the assessment year 1995-96 at the rate applicable for a company i.e., 46% including surcharge which

Birla Tyres Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2004)267ITR1(Kol.)

normally subjected to tax at the rates which are applicable to an individual, HUF as specified in the Finance Act for the relevant assessment year. However, Section 167B is a departure from such normal position under Section 167B(1), … deciding the taxability of the member's share in the income of AOP.For the purpose of deciding the issue, Section 86 of the Act should have been considered by learned CIT, Section 86 of the Act envisages 3 different … the members is limited company which is taxable for the asst. yr. 1995-96 at the rate applicable for a company i.e., 46 per cent including

Bda Ltd. Vs. Income-tax Officer (Tds)

Court : Mumbai

Subject : Direct Taxation

Acts : Companies Act, 1956; Income Tax Act, 1961 - Sections 133A, 194C, 201(1), 201(1A), 252(2) and 252(3); Finance Act, 1972; Finance Act, 1995; Punjab General Sales Tax Act; Tamil Nadu General Sales Tax Act; Income Tax Appellate Tribunal Rules - Rule 29

Reported in : (2006)201CTR(Bom)413; [2006]281ITR99(Bom)

was clarified that, the said section will not apply to transport contracts. Explanation III was inserted by the Finance Act, 1995, and with effect from July 1, 1995, so as to include in the expression 'work' carrying of goods, … and will not cover contracts for sale of goods. By subsequent circular dated September 26, 1972 (see [1972] 86 ITR 30), it was clarified that, the said section will not apply to transport contracts. Explanation III was

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 … Sections 84 and 86 of the Act and by invoking the doctrine of promissory estoppels, in terms of Section 86 Of the Act, we should declare the aforesaid policy resolution of 1995 as 'law' and hold it as

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

Court : Mumbai

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

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)

the Act or even otherwise. We are saying so, because on the touch-stone of Section 84 read with Section 86 of the Act, without the issuance of the requisite statutory notification (under the provisions of Bihar Finance Act, … 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

Ghaziabad Ship Breakers Vs. Commissioner of Cus. (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (2003)(86)ECC307

Matched in: Citation (2003)(86)ECC307

iron Master (India) (P.) Ltd. Vs. Union of India

Court : Delhi

Subject : Direct Taxation

Reported in : [1999]106TAXMAN670(Delhi)

some of the provisions relevant for the case:The Scheme is contained in sections 86 to 98 of the Finance Act, 1998. The aim and object of the Scheme, as explained by the Finance Minister in his speech, was:'95. … the imposition of penalty under any of such enactments, in respect of matters covered in the declaration under section 86. The provisions of section 94 make it explicitly clear that any benefit, concession or immunity to the declarant