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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 … 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

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 … 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

Vatsala Shenoy Vs. Jt.Commissioner of Income Tax

Court : Supreme Court of India

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”,

Mrs. Catherine Thomas Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

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

C.N. Anantharam Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT

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

Patel Engineering Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

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

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

Court : Mumbai

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

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

Court : Supreme Court of India

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

Avaya Global Connect Ltd. Vs. Acit Range 7(3)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

that the Assessing Officer has applied Section 50B that came into effect only from 1.4.2000 inserted by the Finance Act, 1999. Besides, the section is a special provision for computation of capital gains in the case of slump sale. … sale has not been defined in the Act; and therefore, the definition of term 'sale' as appearing in Section 54 of the Transfer of Property Act 1882 and Section 4 of the Sale of Goods Act, 1930 have

Sanghvi Reconditioners Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 25(1), 28AB, 47, 54, 69, 127B, 127C, 127C(1), 127C(3), 127C(7), 127E, 127F, 127I, 127J, 127H and 127MA; Finance Act, 1996; Finance Act, 1998; Income Tax Act, 1961; Customs Tariff Act, 1975 - Sections 3; Customs (Compounding of Offences) Rules, 2005 - Rule 6; Constitution of India - Article 226

Reported in : 2010(251)ELT3(SC); JT2010(2)SC61; 2010(2)SCALE119; (2010)2SCC733; AIR2010SC1089

pertained to a period prior to April, 1995, when Section 28AB of the Act was inserted by the Finance Act, 1996, interest on delayed payment of duty could not be levied on the appellant.9. Being dissatisfied with the … the reply furnished by the appellant, the Commissioner of Customs (Preventive), Mumbai by his order dated 26th February, 1999 confirmed the demand of customs duty of Rs. 68,78,106/-, besides penalty and interest under Section 28AB of the … customs duty was payable by virtue of the provisions contained in Sections 54 and 69 of the Act. Although, the amendment was allowed by the