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M/S. India Trade Promotion Vs. Cce, New Delhi

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2001)(132)ELT25TriDel

of space/building/structure to the participants. The learned Counsel further mentioned that as provided under Section 85 of the Finance Act, 1994, an appeal against any assessment passed by the Central Excise Officer under Section 71, 72 or 73 … Commissioner of Central Excise; that the Appellate Tribunal in the case of Bharti Cellular LTD. vs. CCE, Delhi-1, 1999 (107) ELT 181 (Tribunal) has held that in view of the clear language of Section 86 (1) of

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Subject : Excise

157 of the Finance Act, 2003 (32 of 2003); xxxxxxxxxxxx (xi) the additional duty of excise leviable under section 85 of Finance Act, 2005 (18 of 2005 ) paid on- (i) any input or capital goods received in … 1957, Additional Duties of Excise (Textiles and Textiles Articles) Act, 1978 and special excise duty collected under the Finance Act. CVD was not specifically stipulated and treated as the duty paid under the notification No. 41/2001. It is

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 9, 11, 11A and 35F; Finance Act, 2003 - Sections 154 and 154(3); Finance Act, 1982 - Sections 51; Haryana General Sales Tax Act, 1973 - Sections 39 and 39(5); Small Causes Courts Act - Sections 17; Court-fees Act - Sections 6; Customs Act; Central Excise Rules, 1944 - Rules 8(1), 9 and 49; Code of Civil Procedure (CPC) - Order 41, Rule 1; Constitution of India - Articles 14, 19(1) and 226

8.7.1999..The Union of India preferred SLP (c) No. 4131-34/2003 against the judgment in writ appeal.14.5.2003 : By the Finance Act, 2003, the benefit of Notification No. 32/1999 dated 8.7.1999, withdrawn from its inception viz. from 8.7.1999 to 28.2.2001 … passed by the Commissioner of Central Excise (Appeals), Guwahati directing the petitioners to deposit the said amount under Section 35F of the Central Excise Act, 1944 as pre-condition for hearing the appeal filed by the petitioners against … duty for future clearances from 3.12.2002.(iii) Rejected the refund claims of Rs. 85,31,17,836/- for the period from March 2001 to April 2003 which the petitioners

Rpg Cellular Services Ltd. Vs. Commissioner of C. Ex.

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

Subject : Service Tax

Reported in : (2000)LC708Tri(Chennai)

appeal against the order in original passed by the Commissioner demanding duty under Section 73 (1) of the Finance Act. In this connection she cites then the provisions of Section 73 read with Section 85 of the said … cites the decision of the Tribunal in the case of Bharati Cellular Ltd. v. CCE as reported in 1999 (107) E.L.T. 18 (Tribunal) wherein the Tribunal had held that order passed by the Commissioner of Central Excise

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

wisdom, provided for the contingencies, like in this present case within the statute. As per provisions of the Section 85 of the Finance Act, 1994 during the relevant period provided remedy to these kind of assessment. The provisions … 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 … The period involved in the assessment is from September, 1997 to March, 1999. The provisions of the Service Tax under went a lot of change

Ammini Karnan Vs. Intellectual Property Appellate Board

Court : Chennai

Subject : Intellectual Property

years in science, technology, economics, banking, industry, law, matters relating to industrial finance, industrial management, industrial reconstruction, administration, investment, accountancy, marketing or any other matter, … Writ of Certiorarified Mandamus to declare as Ultra Vires Section 2(k) and Section 87 of the Trade Marks Act, 1999 as they are beyond the powers of the Government based on the decisions of the Hon'ble Supreme Court … means a Member of the Tribunal appointed as such under sub-section (3) of Section 10-FD.57. A comparison of Section 85 of the Trademarks Act, and Section 10FDof Part 1B of the Companies Act (Amendment Act), the qualification of

iris Electronics India Pvt. Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 7(3), 11, 11(1) and 11(3)

the industries who have secured/obtained sales tax exemption certificate/order in their favour under Section 7(3)(b) of the Bihar Finance Act, 1981.2. The petitioner No. 1, M/s. Iris Electronics India, a private limited company incorporated under the Companies Act, … the Deputy Commissioner, Commercial Taxes, Patliputra Circle, Patna issued necessary exemption certificate in form kha-1 on August 4, 1999 certifying that the goods/finished products produced by the petitioner No. 1 will be exempted from sales tax for … application the petitioners seek to challenge the applicability of Notification S.O. No. 85 dated July 17, 2002 to the industries who have secured/obtained sales tax

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 … is negligible as land and building have been separately valued at Rs. 20-crores. The balance of about Rs. 85-crores out of the total sale consideration of Rs. 105-crores is allocable almost exclusively to plant and machinery. In

Mr. Puneet Malhotra and anr. Vs. Mr. R.S. Gai, Sole Arbitrator and ors ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 20, 21, 34, 34(1), 34(2), 37, 37(1), 75, 81, 85 and 85(2); Bombay Court Fees Act, 1959 - Schedule - Articles 1, 3, 13 and 18; Arbitration Act, 1940 - Sections 2, 30 and 33; General Clauses Act - Sections 8 and 8(1); Foreign Awards (Recognition and Enforcement) Act, 1961; Arbitration (Protocol and Convention) Act, 1937; Contract Act - Sections 28

Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).

the re-enacted provision.It was further submitted relying on the observations of the Supreme Court in the case 'Sundaram Finance Ltd. v. NEPC India Ltd. (1999) 2 SCC 477' that the scheme of the 1996 Act and the … definition of term 'modification' given in 'Law Lexicon'. Then the learned Counsel took us through the provisions of Section 85 of the 1996 Act to show that the 1940 Act has specifically been repealed by Section 85 of

Tata Steel Ltd. and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 7, 7(2), 7(3), 22, 46 and 46(4); Central Sales Tax Act, 1956 - Sections 8(5); Jharkhand Value Added Tax Act, 2005 - Sections 15, 16, 17, 18, 95, 95(3) and 96(3); Bihar Sales Tax Act, 1981; Bihar Reorganization Act, 2000 - Sections 84 and 85; Orissa Sales Tax Act - Sections 6; State General Sales Tax Act; General Clauses Act - Sections 21; Central Sales Tax (Bihar) Rules, 1956; Constitution of India - Articles 14, 19(1), 299, 301 and 304

Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)

challenge is made to Notification No. S.O.201 dated 30th March, 2006, issued under Section 7(3)(b) of' the Bihar Finance Act, 1981, whereby and whereunder, Notification Nos. S.O.478 dated 22nd December, 1995, S.O.57 dated 2nd March, 2000, S.O.479 dated … 1998 (Annexure 6 to the writ petition). Vide communication dated 16th April, 1999 certain clarifications were made as desired by the petitioner and it was … State of Jharkhand till such times as it is modified, repealed or altered in the manner prescribed by Section 85 of the Bihar Reorganization Act, 2000.19. It is, thus, established that there has been a valid promise for