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Coromandel Fertilisers Limited Vs. Dy. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2004)90ITD344(Hyd.)

has brought in the necessary amendment under Section 43(6) (c) (i) (C) with effect from 1.4.2000 by the Finance Act, 1999. Section 43(6) (c) (i) (C) provides for the decrease, in a slump sale, of the w.d.v. of the assets

Shree Jagannath Packers and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilSales Tax

Acts : Orissa Sales Tax Act, 1947 - Sections 6, 7 and 12; Central Sales Tax Act, 1956 - Sections 8(5) and 13(3); State Financial Corporation Act, 1951 - Sections 29; Orissa General Clauses Act, 1937 - Sections 22; Punjab General Clauses Act, 1898 - Sections 19; Bihar Finance Act - Sections 7; Customs Act, 1962 - Sections 25 and 25(1); Electricity Supply Act - Sections 49; Rajasthan Sales Tax Act, 1954 - Sections 4(2); East Punjab Public Safety Act - Sections 20 and 36(1); General Clauses Act, 1897 - Sections 21; Central Sales Tax (Deferment of Payment of Taxes) Orissa Rules, 1990; Constitution of India - Articles 14, 154(1), 154(2), 161, 162 and 166(3)

Reported in : [2005]141STC26(Orissa)

that a notification issued by the State Government in exercise of powers under Section 7 of the Bihar Finance Act to the extent it is repugnant to the Industrial Policy Resolution of the Government of Bihar is bad. … of by this common judgment.Facts of individual cases as stated in the writ petitions:2. O.J.C. No. 9967 of 1999 (Petitioner--Shree Jagannath Packers) :By IPR, 1989 the Government of Orissa declared, inter alia, that exemption will be allowed … submitted that in Sales Tax Officer v. Shree Durga Oil Mills [1998] 108 STC 274 (SC) ; AIR 1998 SC 591, the Supreme Court upheld

Agassi (Respondent) Vs. Robinson (Her Majesty's Inspector of Taxes) (A ...

Court : House of Lords

Subject : Land Acquisition

activity carried out by them within the United Kingdom. The relevant statutory provisions were first enacted in the Finance Act 1986, section 44, and Schedule 11 to that Act under which the 1987 Regulations were made. The 1988 … other was a contract with Head Sport AG ('Head') dated 1 January 1999. Pursuant to these contracts Agassi Inc. received payments during the 1998/1999 tax … There were a number of perceived problems in applying to foreign entertainers and sportsmen the charging provisions of section 108 of the 1970 Act (which became section 18(1)(a)(iii) of the 1988 Act). Section 108 imposed a Schedule D

The Managing Director, State Express Transport Corporation Tamil Nadu ...

Court : Chennai Madurai

Subject : Education

be deemed to have been dead from May 1999 onwards on the basis of the presumption available under Section 108 of the Indian Evidence Act, 1872. Taking such a view, the learned Judge held the order of dismissal … taken note of the contingencies of this nature and amended the Tamil Nadu Pension Rules, 1978, by G.O.Ms.No.540, Finance (Pension), dated 05.07.1995. Rule 49-A inserted by way of amendment, reads as follows: "49-A. Benefits to the family

Dinesh Gandhi and Bakula Gandhi Vs. Bayer Diagnostics India Ltd.

Court : Company Law Board CLB

Subject : Land Acquisition

Reported in : (2002)111CompCas547

date the same could be a good delivery. Drawing attention to the guideline issued by the Ministry of Finance Stock Exchange division classifying good and bad deliveries dated 21-7-1983 it has been contended that at serial number … they chose to file this petition, under Section 111A in the year 1999 after about eight years. The explanation given by the petitioners for the … 1. This is a petition filed under Section 111A of the Companies Act, 1956 ('the Act') by the petitioners Mr. Dinesh Gandhi and Mrs. Bakula … Miles India Ltd. had lost its validity period for the purpose of transfer, the petitioners as required under Section 108(1D) secured the revalidation of said share transfer deed from the office of the Registrar of Companies, Maharashtra on

Sh. Prit Pal Singh Uppal, S/O Sh. Sant Singh Vs. Union of India (Uoi), ...

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 77, 108, 113 and 129DD; Foreign Exchange Management Act, 1999 - Sections 6(3); Foreign Exchange Management Export and Merit Regulations, 2006 - Regulation 5

Reported in : 120(2005)DLT70; 2005(82)DRJ599

8th December, 2004. Joint Secretary of the Government of India, Ministry of Finance, did not remand the matter but himself decided the appeal on merits … Export and Merit Regulations 2006 as well as sub section (3) of Section 6 of Foreign Exchange Management Act, 1999. Taking the reasonable view, the authorities reduced the penalty of the applicant to Rs.4 lakhs. With that modification, … reasoning. In the order, reliance was placed by the authorities upon the statement made by the petitioner under Section 108 of the Customs Act wherein even details of the foreign currency to be given to one Sh. Chattar

Asstt. Cit Vs. Choice Trading Corporation Ltd

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Land Acquisition

Reported in : (2002)76TTJ(Coch.)892

a hotel would not constitute "manufacture or processing of goods" within the meaning of section 2(6)(d) of the Finance Act, 1968. A company which carries on such activity will not fall within the definition of an "industrial company" … CIT v. Hervilas Rai & Sons 21 STC 17 in CIT v. West India Steel Co. Ltd. (1976) 108 ITR 601 (Ker) (FB). In 21 STC 17, notwithstanding the fact that the assessee bought bristles plucked by

Assistant Commissioner of Income Vs. Choice Trading Corporation Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Land Acquisition

Reported in : (2004)90ITD1(Coch.)

a hotel would not constitute "manufacture or processing of goods" within the meaning of Section 2(6)(d) of the Finance Act, 1968. A company which carries on such activity will not fall within the definition of an "industrial company" … (i.e., CST v. Hervilas Rai & Sons 21 STC 17 in CIT v. West India Steel Co.Ltd. (1976) 108 ITR 601 (Ker) (FB). In 21 STC 17, notwithstanding the fact that the assessee bought bristles plucked by

Premier Automobiles Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2003)84ITD169(Mum.)

that slump sales are assessable to tax only by virtue of amendment made in the statute book by Finance Act, 1999 which is prospective in operation. Since the instant sale took place prior to that, it is not taxable. … it was a slump sale or not. He then referred to pp. 108 to 153 i.e., slump sale agreement and in particular adverting our attention … IT authorities have erred in law and on the facts of the case in taxing Rs. 46,78,000 under Section 41(1) of the Act".The learned counsel of the assessee contended that the amount of Rs. 46,78,000 has been

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … a learned Single Judge of this Court reported in AIR 2000 Bombay 108 in the matter of KevalKrishna Balakram Hitkari v/s Anil Keval Hitkari and … came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the Injunction Application of the Petitioners above-named,