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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 … Setalwad further submits that in Samtel India Ltd. v. Commissioner of Central Excise, Jaipur : 2003 (155) E.L.T. 14 (S.C) the Supreme Court was dealing with two appeals where the Appellants had been denied a refund of

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 … down by the Hon'ble Supreme Court in the case of Govind Saran Ganga Saran v. CST 155 ITR 144, clearly satisfied by the provisions contained in Chapter XIVB to treat it as self contained code to levy

Commissioner of Income-tax, New Delhi Vs. Eli Lilly and Company (India ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 4(2), 5, 5(2), 9, 9(1), 14, 15, 30 to 38, 40, 90, 90A, 115A, 115B, 115BB, 115BBB, 115E, 132(5), 133A, 159A, 160, 160(1), 161, 162, 163, 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 190, 191, 192, 192(1), 192(1A), 192(2), 193, 194, 194A, 194B, 194BB, 194D, 200, 200(1), 200(3), 201, 201(1), 201(1A), 203, 203A, 204, 206, 221, 271(1), 271A, 271AA, 271B, 271BA, 271BB, 271C, 271C, 271CA, 271E, 271F, 271FA, 271FB, 271G, 272A, 272AA(1), 272BB(1), 272BB(1A), 272BBB(1), 273(2), 273B and 276B; Companies Act, 1956; Finance Act, 1983; Finance Act, 1999; Income Tax Act, 1922 - Sections 4 and 42(1); Income Tax Rules, 1962 - Rules 36A, 37 and 114A; Constitution of India - Article 245

Reported in : 2009BusLR418(SC); (2009)223CTR(SC)20; [2009]312ITR225(SC); JT2009(5)SC78; 2009(4)SCALE384; [2009]178TAXMAN505(SC); 2009(4)LC1742(SC); 2009AIRSCW3104

clause payable for service rendered in India shall be regarded as income earned in India.Explanation.- .-(Substituted by the Finance Act, 1999, w.e.f. 1.4.2000)- For the removal of doubts, it is hereby declared that the income of the nature referred … The sum which is to be paid may be income out of different heads of income mentioned in Section 14, that is to say, income from salaries, income from house property, profits and gains of business, capital gains

Premier Automobiles Ltd. Vs. Income Tax Officer and anr.

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 1999; Income Tax Act, 1961 - Sections 2(14), 2(42C), 45 to 50, 55 and 230A

Reported in : (2003)182CTR(Bom)202; [2003]264ITR193(Bom)

'slump sale' under Section 2(42C) was not there as that definition came on the statute book only under Finance Act, 1999, w.e.f. 1st April, 2000. The concept of slump sale initially was evolved under judge-made law which has been … Dastur further submitted that even in the balance sheet of PPL, the fixed assets are valued at Rs. 145.80 crores and not at Rs. 210 crores. That, as per the said balance sheet, plant and machinery is

Prime Impex Limited and anr. Vs. Assistant Commissioner of Commercial ...

Court : Kolkata

Subject : Sales Tax

Acts : Central Sales Tax Act, 1956 - Section 14; ;Constitution of India - Articles 269(1) and 286(3); ;Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Section 4; ;West Bengal Sales Tax Act, 1994; ;Bengal Finance (Sales Tax) Act, 1941; ;West Bengal Sales Tax Act, 1954; ;West Bengal Finance Act, 1999

Reported in : [2002]127STC23(Cal)

in terms of the Acts, no tax was leviable prior to coming into force of the West Bengal Finance Act, 1999. The learned counsel would contend that by imposition of the said tax, a discrimination has been made between … State laws imposing taxes on the sale or purchase of such goods of special importance shall be subject.21. Section 14(viii) of the 1956 Act, inter alia, contains a declaration to the effect 'sugar covered under sub-heading Nos. 1701.20,

Ramchandra Art Silk Yarn Vs. Union of India and ors.

Court : Gujarat

Subject : Customs

Acts : Customs Act, 1962 - Sections 14, 14(1), 35, 46, 50(1), (1A), 59 and 151A; Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Rules 3, 4, 5 to 8 and 233; Constitution of India - Article 14; Customs Tariff Act, 1975; Foreign Exchange Regulation Act, 1973; Assessment Rules, 1988 - Rule 4(1) and (2); Central Excise Act; Motor Vehicles Act - Sections 43A

Reported in : 2001(77)ECC207; 2002(139)ELT540(Guj); (2001)3GLR2395

what is described as PLAIT rate, which is explained as rates or prices maintained in the internationally reputed finance Journals, like LME Bulletin, PLATT's Weekly Report etc. The Standing Order on plastic items gives detailed guidelines and … as Standing Orders in respect of plastic items are No, 7493 of 1999 dated 3-12-1999, in case of non-ferrous metal scrap No. 7495 of 1999 … to be made strictly on the basis of the 'transaction value' disclosed by the importer in accordance with Section 14 read with Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 (for short 'the Rules'). It is … is made to the constitutional validity of Section 151A of the Customs Act, 1962 (for short 'the Act') and three Circulars described as Standing Orders

Cybertech Systems and Software Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Service Tax

Reported in : (2007)106TTJ(Mum.)257

to be noted that both in Section 80HHE and in the amended provision of Section 10B introduced by Finance Act, 2000 the exemption/deduction is available to items which are exported or transmitted from India by "any other means". … by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by Section 14 of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and the rules made under that Act; … and payments.27. The CIT(A) followed the same pattern for the asst. yr. 1999-2000 also wherein he has again declined the benefit of Section 10P entirely.The

Ghodawat Pan Masala Products (i) Ltd. and anr. Vs. State of Maharashtr ...

Court : Mumbai

Subject : Sales Tax

Acts : Constitution of India - Article 301; Maharashtra Tax on Luxuries Act, 1987 - Sections 2(2), 3A, 3B and 3B(2); Maharashtra Tax Laws (Lavy and amendment) Act 2001; Central Sales Tax Act, 1956;

Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)

taken or done or omitted to be done as if the amendment made by Section 125 of the Finance Act, 2001 has been in force at all material times and, accordingly, notwithstanding anything contained in any judgment, decree … June, 1998 as amended by Notification No. 28/99 CE dated 8th June, 1999 reads as under : Tariff value Tariff values for pan masala in … (i) resales of goods on the purchase of which the dealer is liable to pay purchase tax under Section 14 ; (ii) resales of goods (except those covered by entry 22 of Part II of Schedule C) purchased

National Agricultural Cooperative Marketing Federation of India Vs. Un ...

Court : Delhi

Subject : Direct Taxation

Acts : Constitution of India - Articles 14, 19(1), 226, 245 and 246; Income Tax (2nd Amendment) Act, 1998; Income Tax (Amendment), 1999 - Sections 80P(2); Multi State Cooperative Societies Act, 1984; Indian Income Tax Act, 1922; Finance Act, 1955 - Sections 14; Cooperative Societies Act, 1912; Income Tax Act, 1961 - Sections 81; Finance (No. 2) Act, 1967

Reported in : (2001)167CTR(Del)380; 2001(58)DRJ641

issued by the Governor General in Council as per power conferred on him under the Act itself. The Finance Act, 1955 amended the 1922 Act by way of insertion of sub-section (3) into section 14. The provision read … India petitioners have challenged the constitutional validity of the Income Tax (2nd Amendment) Act, 1998, Act No.11 of 1999. By amendment of Section 80P(2)(a)(iii) the legislature has introduced the words 'agricultural produce grown by its members' in

Cybertech Systems and Software Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Service Tax

Reported in : (2005)3SOT121(Mum.)

to be noted that both in section 80HHE and in the amended provision of section 10B introduced by Finance Act, 2000 the exemption/deduction is available to items which are exported or transmitted from India by "any other means". … by the Board appointed in this behalf by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulation) Act, 1951 (65 of 1951), and the rides made under that Act; … receipts and payments.The CIT(A) followed the same pattern for the assessment year 1999-2000 also wherein he has again declined the benefit of section 10B entirely.The