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Dec 16 2004

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

Court : Kolkata

Decided on : Dec-16-2004

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 … time, we may compare similar provisions in the statute dealing with Revenue Laws operating in the Revenue field.7.2 Section 54 of the Foreign Exchange Regulation Act, 1973 while providing for appeal to the High Court prescribed that an

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Nov 10 2003

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

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Nov-10-2003

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 … argued that the assessee could not have worked out the capital gain at a specific figure of Rs. 54.82-crores, unless there was an itemised sale of asset. In the same vein, he also referred to the receipt

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Oct 18 2016

Vatsala Shenoy Vs. Jt.Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Oct-18-2016

Subject : Direct Taxation

capital gain. The learned counsel pointed out that such a provision was introduced for the first time (vide Finance Act, 1999) by inserting Section 50B to the Act with effect from April 01, 2000, laying down the mechanism for … the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F, 54G and 54H, be chargeable to income-tax under the head “Capital gains”,

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Feb 22 2007

Mrs. Catherine Thomas Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

Decided on : Feb-22-2007

Subject : Direct Taxation

Reported in : (2008)116TTJ(Coch.)797

following submissions : It was argued that the legislature while inserting Sub-section (5) in Section 45 through the Finance Act, 1987 w.e.f. 1st April, 1988 did not provide for cases where enhanced compensation was reduced by any Court, … amount can be assessed in the asst. yr.1995-96 as the assessee was deprived from taking the benefit of Section 54 or 55 as no liquid cash was available with him for investment purpose. The learned Counsel has placed

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Jul 30 2004

C.N. Anantharam Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT

Decided on : Jul-30-2004

Subject : Direct Taxation

Reported in : (2005)2SOT475(Bang.)

deposit.Lot of changes has been effected from the introduction of section 54 by the Finance Acts, such as Finance Act, 1982, Finance Act, 1985 and Finance Act, 1986. The scope of the amendment and effect to these amendments

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Feb 05 2025

M/s.Gillette Diversified Operations Private Limited Vs The Joint commi ...

Court : Chennai

Decided on : Feb-05-2025

during the period in dispute. Section 16(3) of IGST Act, 2017 was amended in the year 2021 vide Finance Act, 2021.43. During the period in dispute, Section 16(3) of IGST Act, 2017 readdifferently from how it presently reads. … days after the expiry of the time the Rules made thereunder. limit prescribed under the Foreign Exchange Management Act, 1999 (42 of 1999) for receipt of foreign exchange remittances, in such manner as may be prescribed.44. Since the … be submitted within 2 years of the relevant date, as defined in the explanation after sub-section (14) of section 54 of CGST Act.”5. In W.P.Nos.6524, 6527 and 6537of 2022, the petitioner has challengedthe following Order-in-Appeal Nos.237-638/2021-JC (GSTA-II) all

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Jun 22 2004

Patel Engineering Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jun-22-2004

Subject : Land Acquisition

Reported in : (2005)94ITD411(Mum.)

facility on or after the 1st day of April, 1995." 15. Section 80-IA was further amended/modified by the Finance Act, 1999 w.e.f. 1st April, 2000, i.e., from asst. yr. 2000-01. After the above modification, Sub-section 4 of Section 80-IA

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Nov 23 2010

Harbhajan Singh. Vs. State of Himachal Pradesh and ors.

Court : Supreme Court of India

Decided on : Nov-23-2010

Subject : Land Acquisition

Acts : Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 - Sections 2(7), 4, 14, 16(1), 15(1), 32, 35, 54

Officers. The High Court found that the Deputy Commissioner, Kangra, had submitted a report dated 04.01.1999 to the Finance Commissioner-cum-Secretary (Revenue), Government of Himachal Pradesh, in which the extent of cultivable land of private land-owners in Revenue … anna as claimed by the appellant. The appellant then filed a revision before the Director of Consolidation under Section 54 of the Act and the Additional Director (Consolidation) by his order dated 15.07.1996 set aside the order dated

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Aug 22 2014

Minochar @ Minoo Aspandyar Irani Vs. Deenyar Sheriar Jehani and Others

Court : Mumbai

Decided on : Aug-22-2014

Subject : Education

an arbitrator. Learned senior Counsel placed reliance on the judgment of Supreme Court in case of M/s Sundaram finance Ltd versus/S NEPC India limited AIR 1999 SC 565 Paragraphs 19 and 20 and also the judgment of … may recover profits or compensation under section 259 of the Contract Act an injunction should not be granted. Section 54, clause (e) however, provides for the issue of a perpetual injunction, where such injunction is necessary to prevent

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Jul 13 2005

Commissioner of Income Tax and anr. Vs. Dr. C. Balakrishnan Nair and a ...

Court : Kerala

Decided on : Jul-13-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 54, 132, 132(1), 132(3), 132(4), 132(9A), 132(13), 147, 154 and 158B to 158BH; Finance Act, 1995; Income Tax Rules, 1962 - Rules 112, 112A and 112C; Code of Criminal Procedure (CrPC) ; Constitution of India - Articles 14, 19(1), 20(3) and 21

Reported in : (2005)199CTR(Ker)279; 2006(3)KLT251

Section 158BC on 13th June, 1996. Chapter XIV-B consisting of Sections 158B to 158BH was inserted by the Finance Act, 1995, w.e.f. 1st July, 1995. First setting in motion of Chapter XIV-B is to issue notice calling for … and also filed an affidavit in the writ appeal on 15th Feb., 1999 to expunge the adverse remarks made in the judgment of the learned … statement given on 27th Oct., 1995 is true, even then there is no tax liability in view of Section 54 of the IT Act.10. In support of the various contentions reference was made to the decision of the

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