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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.)

be anomalous for the following reasons: a) Finance Act contains the proposals for the following financial year e.g. Finance Act, 2001 contains the proposals for the Finance year 2001-02. The rates of taxation are further provided in the First … Court in the case of CWT v.Trustees of HEH Nizam's Family Trust 108 ITR 555. The provisions of Chapter XIVB are special provisions and the … reference arises out of the appeal, against the assessment order passed by the DCIT, Central Circle-I, Hyderabad under Section 158BC of the Income-tax Act for the block period from 1.4.1989 to 18.11.1999, dated Nil, stated in the

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Subject : Education

is made clear by Section 74A(3). 7.4. He would contend that the change that was brought about by Finance Act, 2001 was to introduce 32 tax deduction at source on winnings from ‘card game and other game of any … winnings from any horse race to be paid to a person is Rs.2,500/- or less, or where the 108 payment is made before 1st June, 1978. (c) The term “winnings” in common parlance, means the amount received

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

Importance) Act, 1957 ( 58 of 1957);v. the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of 2001), as amended by Clause 161 of the Finance Bill, 2003, which clause has, by virtue … is available under notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 108/95-Central Excise, dated the 28th August, 1995, number G. S R. 602 (E), dated the 28th August, 1995; orvi.

Sri M.S. Kumanan and Sri M.S. Vs. S.S.M. Processing Mills Ltd., Sri

Court : Company Law Board CLB

Subject : Company

the petitioners and second respondent along with their spouses agreed in October 2001 for a fresh reference to arbitration, wherein the award passed on 03.05.2001 … the second respondent was managing the factory since its inception and after 1998, he was also managing the finances. There has been no evidence produced by the petitioners to sustain the charges of fabrication of records and … Mills Ltd., ("the Company") and aggrieved mainly on account of certain alleged acts of oppression and mismanagement in the affairs of the Company, namely, illegal … effecting the transfer without intervention of the executing Court, which is oppressive of the petitioners. By virtue of Section 108(1) being mandatory in nature, no transfer can be registered without proper instrument of transfer, duly stamped and executed

M/S. Hindustan Petroleum Vs. Commissioner of Central Excise,

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

Subject : Service Tax

Section 11D of the act cannot be effected in view of the retrospective amendment brought about in the Finance Act, 2000 by which it has been clarified that Section 11D would be applicable only to the excisable goods

Commissioner of Customs Vs. Maurya Export House

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Land Acquisition

grounds. (i) After the amendment of Section 128A(3) of the Customs Act, 1962 by Section 110 of the Finance Act, 2001 remand power earlier available with the Commissioner of Customs (Appeals) has conspicuously been withdrawn. This issue has been … very clear that Commissioner (Appeals) shall not exercise the powers other than those specified in Chapter XV and Section 108. (c) In Para 10 of his order, the Commissioner (Appeals) has taken note of some expressions of interest

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

by the Finance (No. 2) Act, 1991 with retrospective effect from 1.4.1972; insertion of Section 14-A by the Finance Act, 2001 with retrospective effect from 1.4.1962; Explanation to Section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1.4.1987 … Bill, 2001" 248 ITR (St.) 183-184 and "Circular explaining the Finance Act, 2001" 252 ITR 65 at pages 108-09. Such view was also accepted in the Tribunal decisions in the cases of Asian Paints, Cadila Laboratories, 83

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)96ITD1(Mum.)

by the Finance (No. 2) Act, 1991 with retrospective effect from 1-4-1972; insertion of section 14-A by the Finance Act, 2001 with retrospective effect from 1-4-1962; Explanation to section 36(1)(viii) by Finance Act, 1992 with retrospective effect from 1-4-1987 … Bill, 2001" 248 ITR (St.) 183-184 and "Circular explaining the Finance Act, 2001" 252 ITR 65 at pages 108-09. Such view was also accepted in the Tribunal decisions in the cases of Asian Paints, Cadila Laboratories, 83

M/S. Federal Mogul Goetze India Ltd. Vs. the Commissioner of Central E ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

of 1957), (herein after referred to as Special Importance Act), and sub-section (3) of section 136 of the Finance Act, 2001 (14 of 2001), the Central Government being satisfied that it is necessary in the public interest so to … is available under notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 108/95-Central Excises, dated the 28th August, 1995, or (ii) for removal under bond for export, or (iv) by a

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Service Tax

is also pertinent to note that the original Section 92 was substituted by a new Section by the Finance Act, 2001 with effect from 1st April, 2002 and before this new Section becomes operative from that date, the same … of trade as held by Hon'ble Allahabad High Court in the case of Seth Banarsidas Gupta v. CIT 108 ITR 377.96. In the present case, heavy reliance has been placed by the learned DR on the nature