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Coral Cosmetics Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1999 - Sections 131 and 132; Central Excise Act, 1944 - Sections 4, 37 and 37(2); Central Excise Rules, 1944; Central Excise (Amendment) Rules, 1997 - Rule 57F and 57F(17); Companies Act, 1956; Customs Tariff Act, 1975 - Sections 3; Central Excise Tariff Act, 1985; Constitution of India - Articles 14, 19(1) and 141

Reported in : 2009[16]STR371

V.C. Daga, J.1. The petitioners seek to challenge the constitutional validity of Section 131 and 132 of the Finance Act, 1999. By Section 131 of the Finance Act, Clause (xxviii) was inserted in Section 37(b) of the Central Excise … Bill, 1999 sought to enact Sections 131 and 132, which were assented by the President of India on 12th May, 1999 which ultimately became Finance Act of 1999 w.e.f. 1st April, 1999. This Finance Act of 1999,

Commissioner of Income Tax, Bangalore Vs. Infosys Technologies Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17(1), 17(2) and 192; Finance Act, 1999; Securities Contracts (Regulation) Act, 1956 - Sections 2; Fourth Schedule Rules - Rules 6, 11(2) and 11(4)

Reported in : 2008BusLR235(SC); (2008)214CTR(SC)293; [2008]297ITR167(SC); JT2008(1)SC225; 2008(1)SCALE92; (2008)2SCC272

do not find merit in the contention advanced on behalf of the Department that Section 17(2)(iiia) inserted by Finance Act, 1999 w.e.f. 1.4.2000 was clarificatory and, therefore, retrospective in nature.11. We quote hereinbelow Section 17(2)(iiia), which reads as under:(iiia) … to him on payment of the balance Rs. 99. The option could be exercised at any time after 12 months but before expiry of the period of 5 years. The allotted shares were subject to a lock

Commercial Tax Officer Vs. C.P.D. Computer Peripheral Devices Private ...

Court : Chennai

Subject : Sales Tax

Acts : Tamil Nadu Taxation Special Tribunal Act, 1992 - Sections 2, 6, 23, 24, 24(9) and 42; Tamil Nadu Taxation Special Tribunal (Repeal) Act, 2004 - Sections 3; Tamil Nadu General Sales Tax Act, 1959 - Sections 2, 3, 3A, 3B, 3C, 3D, 3E, 4, 7A, 11, 12, 16, 16(5), 16(6), 30, 31, 31A, 32, 32(2), 33, 34, 34(2), 35, 36, 36(2), 36(3), 36(3A), 36(6), 37, 37(1), 38, 38A, 39 and 52; Central Sales Tax Act, 1956 - Sections 9(2); Tamil Nadu General Sales Tax (Seventh Amendment) Act, 1986 - Sections 3; Tamil Nadu Additional Sales Tax Act, 1970; Tamil Nadu Sales Tax (Surcharge) Act, 1971; Tamil Nadu Taxation Special Tribunal (Amendment) Act, 2005; Finance Act, 1999 - Sections 3, 7, 10C and 89; Income Tax Act - Sections 2 and 10B; Extra Provincial Jurisdiction Act, 1947 - Sections 4; Merged State's Law

Reported in : (2009)21VST581(Mad)

insertion or omission. If such amendments are made, they can be regarded as textual amendments. For example, the Finance Act, 1999 made certain extensive amendments to the Income-tax Act. Section 3 of the Finance Act, 1999 provides for amendment … of declared goods. Section 7A provided for levy of purchase tax. Section 11 provided for assessment of tax. Section 12 provided for procedure to be followed in assessment proceedings. Section 16 provided for revision of assessment on escaped

Commissioner of Income Tax-Vi Vs. Vrm India Ltd.

Court : Delhi

Subject : Land Acquisition

the three activities, i.e., (i) to develop, (ii) to maintain, and (iii) to operate. After the amendment by Finance Act, 1999, w.e.f. 1st April, 2000, ITA No.2069/2010, 318/2014 & ITA No.320/2014 Page 11 deduction under section 80-IA(4) became available … new business of machinery or plant previously used for any purpose; ITA No.2069/2010, 318/2014 & ITA No.320/2014 Page 12 (iii) it manufactures or produces any article or thing, not being any article or thing specified in the

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

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

clear, and they mandated the levy of surcharge. In this context, he referred to the provisions of annual Finance Act, 1999, Schedule-I, which clearly mandated that the income-tax levied in terms of Section 113 shall be increased by a … judgment of the Hon'ble Supreme Court in the case of CWT, Ahmedabad v. Ellis Bridge Gymkhana 1998 SCC 120, specifically at page 121, paragraphs 5 and 6. Retroactivity in operation has to be ruled out as the

industrial Machinery Associates Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2002)81ITD482(Ahd.)

beyond the purview of taxation under Section 45. The learned counsel argued that Section 50B introduced by the Finance Act, 1999 w.e.f. 1st April, 2000 brought the transaction of slump sale within the purview of capital gains under Section … 5 yearly instalments. (c) Issue of 4,000 special Promissory Notes of Rs. 100 each, repayable between 6th to 12th year of its issue at a premium." The purchaser company Shah & Parikh Agencies (P) Ltd. is incorporated

Vbc Ferro Alloys Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

of June 1998 for being eligible for the deduction. A plain reading of Explanation 2, as introduced by Finance Act, 1999, does not permit such an interpretation. All that it says is that the investment should be made before … operating infrastructure facility ; (c) "infrastructure facility" shall have the meaning assigned to it in Clause (ca) of Sub-section (12) of Section 80-IA ; II Section 10(23G) was again amended by Finance Act, 1997, as follows: (i) the

Maini Industrial Consultants Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

Reported in : (2006)(106)ECC498

confirmed the amount demanded in the show cause notice and further demanded interest under Section 75 of the Finance Act 1944.Penalties were also imposed under Sections 69, 76, 77 and 78 of the Finance Act 1994. The appellants … to M/s Karnataka Electronics, Peenya. Further, it was noticed that the appellant received an amount of Rs. 1,85,715/-during 1999-2000 and Rs. 3,10,210/- during 2000-2001 from M/s Maini Material Movement (Pvt) Ltd., Bangalore for providing Management Consultancy Service.

Assistant Commissioner of Income Vs. C.V.M. Exports

Court : Income Tax Appellate Tribunal ITAT Rajkot

Subject : Direct Taxation

Reported in : (2006)103ITD251(Rajkot.)

read with Section 143(1) and not Section 143(3). The provisions of Section 143(1) have been amended by the Finance Act, 1999, w.e.f. 1st June, 1999.In view of the above discussions, following questions fall for consideration : (i) What are … 1. This is an appeal filed by the Revenue against the order of the CIT(A)-IV, Rajkot, dt. 12th Sept., 2003, in the matter of order passed under Section 154/143(1). (i) The learned CIT(A) has erred in

The Commissioner of Income-tax Vs. Pooshya Exports (P) Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act - Sections 32A, 43B, 80HHC and 80HHC(2); Finance Act, 1991

Reported in : [2003]262ITR417(Mad)

made to sub-clause (ii) of clause (b) of sub-Section (2) of Section 80HHC has been done by the Finance Act 2 of 1991 with effect from 1 4.1991, whereby the processed minerals and ores specified in Twelfth Schedule … the exclusion clause contained in 80 HHC (2)(b)(ii). The expression processed minerals and ore has been specified in 12th Schedule. Item X of the 12 Schedule is one among the several items, which explained the expression processed