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Mar 31 2006

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

Court : Karnataka

Decided on : Mar-31-2006

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 … Sub-section (3) of Section 32A or Clause (ii) of Sub-section (1) of Section 72 or Section 73 or Section 74 or Sub-section (3) of Section 74A.4) Every company to which this section applies, shall furnish a report in

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Mar 17 2005

Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Mar-17-2005

Subject : ConstitutionService Tax

Acts : Finance Act, 2000 - Sections 116 and 117; Finance Act, 2003 - Sections 158; Service Tax Rules, 1994 - Rules 2(1); Service Tax (Amendment) Rules, 1997; Finance Act, 1994 - Sections 64(3), 65, 65(5), 65(28), 65(41), 66, 66(3), 67, 68, 68(1), 69, 69(2), 69(5), 70, 70(1), 71, 71A, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Finance Act, 1997 - Sections 68(1A) and 84; Finance Act, 1998; Service Tax (Amendment) Rules, 1998; Motor Vehicles Act, 1988 - Sections 2; Constitution of India - Articles 14 and 246(1); Punjab Passengers and Goods Taxation Act, 1952 - Sections 3(3); Service Tax Act, 1994

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

to costs. Constitution - constitutional validity - Article 14 of Constitution of India, Sections 116 and 117 of Finance Act, 2000, Section 158 of Finance Act, 2003, Rule 2 (1) of Service Rules, 1994 - petitioner challenging constitutional validity of … in the prescribed form and verified in the prescribed manner, a quarterly return. Sections 71, 72, 73 and 74 deal with the filing of returns, provisions for assessment, reopening of assessments and rectification of mistakes of assessment

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Jan 17 2008

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

Court : Punjab and Haryana

Decided on : Jan-17-2008

Subject : Service Tax

Reported in : [2008]13STJ371(P& H); 2008[10]STR237

Ltd., respondent herein, is a holder of Certificate of Registration in Form ST-2 under Section 69 of the Finance Act, 1994 (hereinafter referred to as 'the Act') in the category of Air Travel Agent. The respondent had filed … of Service tax. Subsequently, a show cause notice was issued by the Deputy Commissioner of Service tax under Section 74 of the Act to enhance the assessment on the allegation that short levy of Service tax was made

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Apr 30 2001

Secy. Federn. of Bus-operators Assn. of T.N. Vs. Union of India (Uoi)

Court : Chennai

Decided on : Apr-30-2001

Subject : Service TaxMotor Vehicles

Acts : Finance Act, 1994 - Sections 35(38), 65, 65(38), 65(48), 65(50), 65(51), 65(52), 66, 66(3) and 67; Motor Vehicles Act, 1988 - Sections 2, 2(7), 2(22), 2(25), 2(40), 2(43), 49, 51, 58(1), 58(2), 65, 65(32), 65(38), 65(44), 65(48), 65(50) to 65(52), 65(62), 67, 68, 70, 71, 72, 72(2), 72(9), 73, 74, 80, 81, 82, 83, 84, 85, 86, 87(1), 88(8), 88(9), 88(11), 88(14) and 89; Motor Vehicles Act - Sections 63(1), 63(6) and 68; Central Excise Act, 1944; Finance (No. 2) (Amendment) Act, 1996; Finance (No. 2) (Amendment) Act, 1997; Finance (No. 2) (Amendment) Act, 1998; The Haryana Passengers and Goods Taxation Act; Government of India Act, 1935 - Sections 100; Expenditure Tax Act, 1987; Motor Vehicles Rules - Rule 82 to 85 and 128; Motor Vehicles Permit for All India Tours Rules, 1993; Fina

Reported in : 2001(134)ELT618(Mad); 2006[2]STR411; [2007]6STT49

'tour operators' and requested them to register themselves with the office and follow the procedures prescribed in the Finance Act, 1994 and the rules framed thereunder with effect from 1-4-2000. In all these writ petitions, the contention of … 72(2)(xvii) of the Motor Vehicles Act, 1988.(II) Petitioners who are 'Contract Carriage Operators', owning the vehicles covered under Section 74 of the Motor Vehicles Act, 1988.(III) Petitioners who are the owners of the 'Maxi Cabs or Taxis' and

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Dec 16 2016

C.I.T and Anr Vs. M/S Yokogawa India Ltd.

Court : Supreme Court of India

Decided on : Dec-16-2016

Subject : Direct Taxation

of Section 10A, as amended, which could be suggestive of the fact that by the amendment made by Finance Act, 2000, Section 10A had changed its colour from being an exemption section to a provision providing for deduction. Yet, Section … deduction; no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section (3) of section 74 and no deficiency referred to in sub-section (3) of section 80J, in so far as such loss or

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Mar 02 2021

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Decided on : Mar-02-2021

Subject : Direct Taxation

Act 2001 (14 of 2001), sec. 4(ii), for “sub-clauses (i) to (v)” (w.e.f. 1-4-2002). 18 Substituted by the Finance Act 2000 (10 of 2000), sec. 4, for Explanation 3 (w.e.f. 1-4-2001). Explanation 3 before substitution, stood as under: “Explanation … this case, the State Bank of India imported a consignment of computer 74 software and manuals from Kindle Software Ltd., Dublin, Ireland, and cleared the … to royalty and as this was so, the same constituted taxable income deemed to accrue in India under section 9(1)(vi) of the Income Tax Act, 1961 [“Income Tax Act”]., thereby making it incumbent upon all such persons

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Jul 12 2006

Smith (Fc) (Appellant) Vs. Secretary of State for Work and Pensions an ...

Court : House of Lords

Decided on : Jul-12-2006

Subject : Education

Introducing both changes at the same time attracted much criticism." Self-assessment for income tax was introduced by the Finance Act 1994 with effect from 1996-1997. In theory it applies to all individual taxpayers, whether traders or not, but … progress. The most important changes so far have been made by the Child Support, Pensions and Social Security Act 2000 ("CSPSA 2000"). It took effect from 3 March 2003 for cases occurring after that date, but has not … tax rules. Thus the permissible deductions under para 3(3)(a) reproduce (but with the introduction of the word "reasonable") section 74(1)(a) of ICTA 1988 and (as extended by para 3(4)(a)) the provision about repairs in section 74 (1)(d) and

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Jun 08 2011

M/S.Prasad Power Control Pvt. Limited, and anr. Vs. Commissioner of Sa ...

Court : Mumbai

Decided on : Jun-08-2011

Subject : Sales Tax

Acts : Bombay Sales Tax Act(BTS), 1959 - Sections 41B, 41, 74(5), 74 ; Bihar Finance Act - Section 7 ;

the issuance of notification by the State Government in exercise of power under section 7 of the Bihar Finance Act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives and … March 1995, whereas the Writ Petition is filed belatedly in the year 2000. He submitted that Rule 31AA is in consonance with para 2.11 of … of Article 14 of the Constitution. He submitted that Rule 31AA inserted to the BST Rules, as per Section 74(5) of the BST Act has been placed before both the houses of the legislature and, therefore, Rule 31AA

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Jul 18 2014

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court : Delhi

Decided on : Jul-18-2014

Subject : Direct Taxation

included by application of the provisions of this section as it stood immediately before its substitution by the Finance Act, 2000, the undertaking shall be entitled to the deduction referred to in this sub-section only for the unexpired period … of Bombay High Court and Punjab and Haryana High Court in Phagoo Mal Sant Ram v. CIT [(1969) 74 ITR734(P&H HC)]. to this extent that, ‗previously used in any other business‘ cannot be construed so narrowly as

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Aug 19 2003

Haryana Industrial Security Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Aug-19-2003

Subject : Land Acquisition

Reported in : (2003)(158)ELT242TriDel

this case.4. I have carefully examined the submissions. The Consultant has raised a preliminary objection with reference to Section 74 of the Finance Act, which requires Central Excise Officer to obtain prior approval of the Commissioner for imposing … of Rs. 3,18,073/- for the period 16-10-98 to 31-3-99 under Section 68 read with Section 73 of the Finance Act, 1994. He had also ordered recovery of interest for the belated payment of service tax under Section 75

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