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Commnr. of Customs, Central Excise, Noida Vs. Punjab Fibres Ltd., Noid ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35, 35(1), 35C, 35E(3), 35G, 35H and 35H(1); Finance Act, 1999 - Sections 128; Limitation Act, 1963 - Sections 5; General Clauses Act; Motor Vehicles Act, 1939 - Sections 110 and 110A(3)

Reported in : 2008(125)ECC195; 2008(151)LC195(SC); 2008(223)ELT337(SC); JT2008(2)SC458; 2008(2)SCALE469; (2008)3SCC73; [2008]13STT112; 2008(2)Supreme12

of law arising from such order of the Tribunal.3. Section 35H was substituted by Section 128 of the Finance Act, 1999. The High Court dismissed the reference application holding that it had no power to condone the delay in

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 … outside the purview of capital gains under Section 45. -CIT v. B.C. Srinivasa Setty (1981) 21CTR (SC)138; (1981) 128 ITR 294(SC); Sunil Siddharthbhai v. CIT (1985) 156 ITR 509(SC) CIT v. K.P.V. Shaikh Mohammed Rowther and Co.(1995)Tax

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Subject : Excise

Acts : Limitation Act, 1963 - Sections 3, 4, 5, 24 and 29(2); ;Central Excise Act, 1944 - Sections 35G, 35G(1), 35G(3), 35H and 35(1); ;Finance Act, 1999 - Sections 35H; ;Foreign Exchange Regulation Act, 1973 - Section 54; ;Foreign Exchange Management Act, 1999 - Sections 35, 112, 128 and 130A; ;Income Tax Act - Sections 256 and 256(2); ;Customs Act, 1962 - Section 130(3); ;Wealth Tax Act, 1957 - Sections 35H and 27(2); ;Limitation Act, 1908 - Sections 3, 5 and 5(9); ;Representation of Peoples Act, 1951 - Sections 81, 82, 86 and 117; ;Uttar Pradesh Sales Tax Act, 1948 - Section 10; ;Arbitration Act, 1940; ;Arbitration and Conciliation Act, 1996 - Section 34; ;Andhra Pradesh (Telan-gana areas) Tenancy and Agricultural Lands Act, 1950; ;Code of Civil Procedure (CPC) - Section 151

Reported in : 2005(188)ELT8(Cal)

Section 35H of the Central Excise Act, 1944 and points out that this Section 35H was inserted by Finance Act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided in … Section 35G by Section 35H of the Central Excise Act with effect from 11th of May 1999 by Section 128 of Act 27 of 1999, the time for making an application to the High Court for reference is

Addl. Cit Vs. Kwality Frozen Foods Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Service Tax

Reported in : (2005)1SOT243(Mum.)

sale of trademark as such was brought into the provisions of section 55(2) through the amendment by the Finance Act, 2001. The said amendment brought in by the Finance Act, 2001 is effective only from assessment year 2002-03. … and goodwill are the same things. In fact, trademark has been defined under the Trade Marks Act of 1999. Trade Mark is connected with the goods or services which are sold whereas goodwill consists also reputation and … Court in the case of CIT v. B. C. Srinivasa Shetty (1981) 128 ITR 294 (SC). The assessee further submitted before the assessing officer that

Add. Commissioner of Income Tax Vs. Bharat v. Patel

Court : Supreme Court of India

Subject : Direct Taxation

17 of the IT Act by inserting Clause (iiia) in Section 17(2) of the IT Act through the Finance Act, 1999 (27 of 1999) with effect from 01.04.2000, which was later on omitted by the Finance Act, 2000. The … has held as under:­ “15. In the case of Commissioner of Income­Tax, Bangalore vs B.C. Srinivasa Setty [(1981) 128 ITR 294 (SC)]. this Court held that the charging section and computation provision under the 1961 Act constituted

M/S Pml Industries Limited Vs. Commissioner of Central Excise and Anot ...

Court : Punjab and Haryana

Subject : Land Acquisition

The Commissioner of Income Tax (Haryana), Rohtak”. considered the scope of sub-section (2A) of Section 254 inserted by Finance Act, 1999 in the Income Tax Act, 1961. The Court observed as under: “We may also notice sub-section (2A) of … person aggrieved by any decision or order passed under the Act. Sub-section (4A) inserted in Section 35A vide Section 128 of the Financial Act, 2001 with effect from 11.05.2001 contemplates that the Commissioner (Appeals) shall where it is

infosys Technologies Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2003)86ITD342(Bang.)

it to even rope in the benefit arising from an ESOP. The insertion of Section 17(2)(c)(iiia) by the Finance Act, 1999, was only by way of an abundant caution. The proviso introduced to Section 17(2)(c)(iii) by Finance Act, 2000, … was so held by the Hon'ble Supreme Court in the case of CIT v. B.C. Srinivasa Setty (1981) 128 ITR 294 (SC). The Hon'ble Supreme Court therein held that the charging section and the computation provisions constitute

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Subject : Direct Taxation

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races … (5) Declare that Stake Money paid by the petitioner cannot be construed as winnings from games as per Section 194B of the Act. (6) Declare that the correct provision applicable in the present case is the Board

Commissioner of Income Tax Vs. Dharampal Satyapal

Court : Delhi

Subject : Direct Taxation

assigned to individual assets and liabilities constituting the undertaking/division. Section 50B of the Act was introduced by the Finance Act, 1999 with effect from 1st April, 2000 for the purposes of taxing gains arising on slump sales. Correspondingly, Section … of gains the charge itself would fail [see Commissioner Of Income-Tax, Bangalore V. B. C. Srinivasa Setty: (1981) 128 ITR 294 (SC)]. 23. In the circumstances, it was necessary for the Legislature to enact provisions for computation

Krm International Ltd. Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Service Tax

Reported in : (2003)(88)ECC695

days. Section 128 of the Customs Act was amended with effect from 11.5.2001 by Section 109 of the Finance Act, 2001 (4 of 2001) and after the amendment the words used therein is "within 60 days", and in … rendered in the case of CC Cochin v. Trivandrum Rubber Works Ltd., 2999 (64) ECC 179 (SC) : 1999 (106) ELT 9 (SC) wherein the Apex Court has laid down that the service of notice on the