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Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Subject : ExciseCivil

Acts : Central Excise Act, 1944; Central Excise Rules, 1944 - Rules 57A, 57B and 57C to 57V; Finance Act, 2000 - Sections 112; Constitution of India - Article 14

Reported in : 2005(190)ELT295(Kar)

remains.3. However, the communication dated 19-6-2000 being on the premise that in terms of Section 112 of the Finance Act, 2000, such Modvat credit having been disallowed, the petitioner was advised to reverse the entry and it is only

Shree Rajasthan Texchem Ltd. and ors. Vs. Union of India (Uoi) and ors ...

Court : Rajasthan

Subject : Excise

Reported in : 2008(229)ELT50(Raj)

of the case, the Tribunal was right in coming to the conclusion that under Section 112(2)(b) of the Finance Act, 2000 interest can be levied even without there being adjudication of show cause notice, which are pending decision at

Commr. of C. Ex., Hyderabad Vs. Associated Cement Companies Ltd.

Court : Supreme Court of India

Subject : Excise

Reported in : 2005(180)ELT3(SC)

that inadvertently the attention of the Court was not drawn to the provisions of Section 112 of the Finance Act, 2000. Section 112 reads as under :'112. Validation of the denial of credit of duty paid on high speed diesel oil.

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

seemingly comparable to Section 115JA. The new provision viz., Section 115JB was brought into the statute by the Finance Act, 2000 effective from assessment year 2001-02. It was materially different from its predecessor in one respect- in not seeking … the case may be.Provided further that the amount of income-tax computed in accordance with the provisions of Sections 112 and 113 of the Income Tax Act shall be increased by a surcharge for purposes of the Union

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

appeal.Points for determination:4. Two points arise for determination: Whether on the facts and circumstances of this case, the Finance Act, 2001 ('FA' for short) was applicable to 'block assessment' under Chapter XIV-B in respect of the search carried … income-taxSurcharge on income-taxThe amount of income-tax computed in accordance with the preceding provisions of this Paragraph or in Section 112 or Section 113 shall, -(i) in the case of every individual or Hindu undivided family, or association of … comprising of previous years relevant to 10 assessment years, i.e., 1991-92 to 2000-01, including the period from 1.4.2000 to 17.1.2001.FACTS3. On 17.1.2001 a search under

Commissioner of Customs, Mumbai Vs. M.M.K. Jewellers and anr.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 11A, 18, 28, 28AB, 28(1), 28(2), 28(3), 72(1), 108, 111, 112, 114, 114A, 130E, 135, 135A, 140 and 143(3); Finance Act, 2000

Reported in : 2008(127)ECC1; 2008(153)LC1(SC); 2008(225)ELT3(SC); 2008(4)SCALE417; (2008)5SCC617; 2008AIRSCW2353

interest under Sub-section (2) of Section 28 relates to notices issued prior to the date on which the Finance Act, 2000 receives the assent of the President;(ii) any amount paid to the credit of the Central Government prior to … as indicated above and thus rendered themselves liable for penal action under clauses (a) and (b) respectively of Section 112 of the Customs Act, 1962 and also the mandatory penalty under Section 114A of the said Act.7. Now,

Carpenter Classic Exim P. Ltd. Vs. Commnr. of Customs (imports) and an ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act 1962 - Sections 28AB, 28(2), 108, 111, 112, 114 and 114A; Finance Act, 2000

Reported in : 2009(164)LC117(SC); 2009(235)ELT201(SC); 2009(3)SCALE144; (2009)11SCC293

interest under Sub-section (2) of Section 28 relates to notices issued prior to the date on which the Finance Act, 2000 receives the assent of the President;(ii) any amount paid to the credit of the Central Government prior to … the nefarious activities. It was held that both Ravi Karumbaiah and Thomas Mathew were liable to penalty under Section 112(a) of the Act and the company was also liable to penalty under Section 114A of the Act. The

Shree Ganpati Synthetics and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2002)(81)ECC353

were dropped. However, in the Finance Bill, 2000 Clauses 112 and 113 were introduced and on enactment of Finance Act, 2000 these two clauses became Sections 116 and 117 of Chapter V of the Finance Act, 2000. He submits … None appears for the appellants. We have perused the evidence on record, the adjudication order and the relevant sections of the Finance Act and Rules framed for the purpose of Service Tax. We note that the amount

Shree Ganpati Synthetics Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2002)LC176Tri(Delhi)

were dropped. However, in the Finance Bill, 2000 Clauses 112 and 113 were introduced and on enactment of Finance Act, 2000 these two clauses became Sections 116 and 117 of Chapter V of the Finance Act, 2000. He submits … None appears for the appellants. We have perused the evidence on record, the adjudication order and the relevant sections of the Finance Act and Rules framed for the purpose of Service Tax. We note that the amount

U.K. Enterprises and anr. Vs. Commnr. of Customs and Central Excise an ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 23(2), 28(2), 28AB, 112, 114, 114A, 115, 115(2), 125 and 125(1); Finance Act, 2000

Reported in : 2007(123)ECC290; 2007(149)LC290(SC); 2007(218)ELT481(SC); JT2008(1)SC73; 2007(3)SCALE477; 2008AIRSCW712.

interest under Sub-section (2) of Section 28 relates to notices issued prior to the date on which the Finance Act, 2000 receives the assent of the President;(ii) any amount paid to the credit of the Central Government prior to … Section 114A of the Act on the firm and Rs. 50,000/- on the proprietor of the firm under Section 112 of the Act. Redemption fine of Rs. 2,50,000/- under Section 125 of the Act was also imposed on