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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 … India was solely on the basis that there was conflict between each of Sections 65, 66, 68(1A) and 71 of the Finance Act, 1994, as amended in 1997 on the one hand and Clauses (xii) and (xviii)

Amritha Cyber Park (P) Ltd. Vs. Kerala Financial Corporation

Court : Kerala

Subject : Property

Acts : Kerala Revenue Recovery Act, 1968 - Sections 69, 69(2) and 71; Recovery of Debts due to Banks and Financial Institutions Act, 1999 - Sections 19 and 34(2); UP Public Monies (Recovery of Dues) Act, 1972; State Financial Corporations Act, 1951 - Sections 29, 31 and 32G; Industrial Finance Corporation Act, 1948; Unit Trust of India Act, 1963;Industrial Reconstruction Bank of India Act, 1984;Sick Industrial Companies (Special Provisions) Act, 1985;Small Industries Development Bank of India Act, 1989

Reported in : [2007]136CompCas446(Ker); 2006(2)KLT394

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … of the petitioner is that after commencement of the Recovery of Debts due to Banks and Financial Institutions Act, 1999, hereinafter called the 'DRT Act', the debt above Rs. 10 lakhs could be recovered by financial institutions only … Standing counsel appearing for the respondents contended that the Government of Kerala has issued notification SRO 851/79, under Section 71 of the RR Act permitting Kerala Financial Corporation to recover arrears due to it by resorting to the

Sri Chaitanya Educational Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (2007)106ITD256(Hyd.)

the head-note of the said decision reads as under- Sub-sections (2A) and (2B1 have been Inserted by the Finance Act, 1999 with effect from 1.6.1999 and the provisos to the aforesaid section were Inserted by the Finance Act, 2001 … India was solely on the basis that there was conflict between each of Sections 65, 66, 68(1A) and 71 of the Finance Act, 1994, as amended in 1997 on the one had and Clauses (xii) and (xviii)

Allied Instruments Pvt. Ltd. Vs. Commissioner of Cus. and C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2002)LC634Tri(Mum.)bai

the Central Excise authorities nor paid the service tax, hence contravening the Sections 68 and 70 of the Finance Act, 1994, directing them to furnish quarterly return in Form ST-3 and proposing recovery of interest for delayed payment … in the case of Laghu Udyog Bharti v. Union of India - 1999 (112) E.L.T.365 (S.C.) that the Rule was ultra vires of the Act … the Board to pass the resolution for suspension after it had passed the resolution for his dismissal under Section 71 of the U.P. District Board Act, 1922. Section 71 as it originally stood provided for sanction of local

Acit Vs. Goldmine Shares and Finance Pvt.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)113ITD209(Ahd.)

the determination is to be made.21. The provisions of Section 80IA were then divided in two parts by Finance Act, 1999 w.e.f. 1-4-2000- one, by the replaced 80IA and other, by the newly inserted Section 80IB. For material purposes … under Chapter VI-A in computing the total income. Assessing Officer has to take into account the provisions of Section 71 providing for set off of loss from one had against income from another and Section 72 providing for

M/S South Eastern Coalfields Ltd Vs. Cce, Raipur

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

2. Subsequently a corrigendum to the notice was issued on 02-11-2004 pointing out the retrospective amendment made in Finance Act, 1994 by Finance Act 2003 and the prospective amendment in section 73 of Finance Act 1994 made by … ultra virus was in the case of Laghu Udyog Bharati reported at 1999 (112) ELT 365 SC. During the said period there were some service … and they were not required to disclose any information because they were not liable to the assesse under Section 71. 6. To overcome the defect pointed out by the Apex Court in the case of Laghu Bharati Udyog

L.H. Sugar Factories Ltd. and ors. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2004)(93)ECC224

during 16.11.97 to 1.6.98 and had not paid service tax @5% as required under chapter V of the Finance Act, 1994 as amended subsequently.2. It is admitted that all the appellants in the course of their business had … prescribed period or to disclose wholly or truly all material facts required fro verification of the assessment under section 71, the value of taxable service for the quarter has escaped assessment or has been under assesseed, or any

Onkar Travels (P.) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2007)10STT244

return filed by the appellant during the relevant period were assessed finally by the Superintendent, Service Tax under Section 71 of the Finance Act, 1994. The period involved in the assessment is from September, 1997 to March, 1999. … A Show Cause notice was issued by the Deputy Commissioner of Service Tax under Section 74 of the Finance Act, 1994, to enhance the assessment, and a allegation of short levy was made on the appellant. The adjudicating

All Kerala Chartered Accountants Association Vs. Union of India (Uoi)

Court : Kerala

Subject : Service TaxConstitution

Acts : Finance Act, 1994; Finance (Amendment) Act, 1998; Constitution of India - Articles 14, 19, 19(1), 246, 246(1) and 248

Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)

same time, there services, namely, Outdoor Caterers, Pandal or Shamiana Contractors and Goods Transport Operators were deleted. The Finance Act, 1999 did not extend the scope of levy of service tax to any new category ofservices. Even in the … the Travancore Cochin Charitable Societies Act, which impugns the service tax levied on its members by reason of Sections 64 to 96 of the Finance Act, 1994, (32 of 1994), as amended by Finance Act, 1998 (2 … of Central Excise. Section 70 provides for rendering of periodical returns. Sections 71, 72, 73 and 74 provide for the procedure for assessment and rectification

Dhanalakshmi Bank Vs. District Collector

Court : Kerala

Subject : Property

Acts : Kerala Revenue Recovery Act, 1968 - Sections 71

Reported in : I(2004)BC261; 2003(1)KLT1024

retail traders with credit limits not exceeding Rs. 5 lakhs.(Retail traders in fertilisers will from part of indirect finance for agriculture and those to retail traders of mineral oils under small business.)'. A perusal of the above … priority sector advances. This provision was introduced vide notification dated July 30, 1999. It appears that it was in pursuance to the decision of their … the State Government to extend the application of the Act to other institutions. This power is contained in Section 71.'71. Power of Government to declare the Act applicable to any institution:- TheGovernment may, by notification in the Gazette,