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Dec 10 2002

Abhishek Auto Industries Vs. Cc (import)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Dec-10-2002

Subject : Labour and Industrial

Reported in : (2003)(87)ECC521

as well as the learned DR.2. Section 128 of the Customs Act, as it stands amended by the Finance Act, 2001 is quoted below: "Section 128--Appeals to Commissioner (Appeals)--(1) Any person aggrieved by any decision or order passed under

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May 12 2002

Cce Vs. Oripol Industries, Utkal

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : May-12-2002

Subject : Land Acquisition

Reported in : (2003)(88)ECC239

(Appeals) does have jurisdiction to remand the appeal before him after the amendment of Section 35A by the Finance Act, 2001 w.e.f. 11.5.2001. Reference was necessitated in view of difference of opinion between two Benches of this Tribunal on … Act 4/2001 one cannot go back to the meaning given to Section 35 of the Central Excise or 128(2) of the Customs Act by the Court as it would be against the legislature's intention. In support of

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May 12 2003

Commissioner of Central Excise Vs. Oripol Industries

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : May-12-2003

Subject : Land Acquisition

Reported in : (2002)LC396Tri(Delhi)

(Appeals) does have jurisdiction to remand the appeal before him after the amendment to Section 35A by the Finance Act, 2001 w.e.f. 11-5-2001. Reference was necessitated in view of difference of opinion between two Benches of this Tribunal on … of 2001) one cannot go back to the meaning given to Section 35 of the Central Excise or 128(2) of the Customs Act by the Court as it would be against the legislature's intention. In support of

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Dec 24 2014

M/s. Flemingo (Duty Free Shop) Pvt. Ltd. and Another Vs. The Commissio ...

Court : Mumbai

Decided on : Dec-24-2014

Subject : Land Acquisition

the Commissioner of Customs. That Appeal must be filed within 60 days. This period was substituted by the Finance Act, 2001 (14 of 2001) for the words “within three months”. By the Finance Act, 2001, the proviso to subsection … shall be no order as to costs.” 5. The Petitioner, on 12th December, 2011, preferred an Appeal under section 128(1) of the Customs Act, 1962 before the Commissioner of Customs (Appeals)/Respondent No. 1. Along with the same, it

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Sep 06 2007

Commissioner Vs. B.C. Kataria, General Manager, Dhillon Kool Drinks an ...

Court : Punjab and Haryana

Decided on : Sep-06-2007

Subject : Excise

Reported in : 2008(221)ELT508(P& H)

back cases to the adjudicating authority consequent to the specific amendment in this regard carried out by the Finance Act, 2001 w.e.f. 11.5.201.2. After hearing learned Counsel for the parties, perusing the Order-in-Original dated 23.3.2004, passed by the Adjudicating … away by the Finance Act, 2001 by amending the provisions of Section 128(3) of the Customs Act, 1962 (for brevity, 'the 1962 Act'). Those provisions … shall dispose of C.E.A. Nos. 11 and 12 of 2006, which have been filed by the revenue under Section 35G of the Central Excise Act, 1944 (for brevity, 'the Act'), against the orders dated 14.3.2005 and 10.3.2005

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Apr 22 2003

Krm International Ltd. Vs. Cc

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

Decided on : Apr-22-2003

Subject : Service Tax

Reported in : (2003)(88)ECC695

days. Section 128 of the Customs Act was amended with effect from 11.5.2001 by Section 109 of the Finance Act, 2001 (4 of 2001) and after the amendment the words used therein is "within 60 days", and in terms

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Apr 26 2006

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Decided on : Apr-26-2006

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 … the Hon'ble Supreme Court in the case of CIT v. B.S.Srinivasa Setty 128 ITR 294, specifically at page 299. A comparative chart of the provisions … 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

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Aug 25 2010

Commissioner of Central Excise, Madurai Vs. Kodai Automobiles Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on : Aug-25-2010

Subject : Service Tax

to the adjudicating authority after amendment of Section 35A (3) of the Central Excise Act, 1944 by the Finance Act, 2001 w.e.f. 11.5.2001? 2. I have heard both sides on the appeal involving the above issue. I note that … intendment in deletion of the expression “or may refer the case back” , by the Legislature under Section 128A (3) of the Customs Act, 1962. In the case of CCE Jalandhar Vs B.C.Kataria [2008 (221) ELT 508

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Oct 28 2010

Cce, Madurai Vs. M/S. Sundaram Industries Ltd

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on : Oct-28-2010

Subject : Service Tax

to the adjudicating authority after amendment of Section 35A (3) of the Central Excise Act, 1944 by the Finance Act, 2001 w.e.f. 11.5.2001? 2. I have heard both sides on the appeal involving the above issue. I note that … necessary intendment in deletion of the expression “or may refer the case back”, by the Legislature under Section 128A (3) of the Customs Act, 1962. In the case of CCE Jalandhar Vs B.C.Kataria [2008 (221) ELT 508

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Sep 03 2010

Cce, Madurai Vs. Sri C. Venkatesh

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on : Sep-03-2010

Subject : Service Tax

to the adjudicating authority after amendment of Section 35A (3) of the Central Excise Act, 1944 by the Finance Act, 2001 w.e.f. 11.5.2001? 2. I have heard both sides on the appeal involving the above issue. I note that … necessary intendment in deletion of the expression “or may refer the case back”, by the Legislature under Section 128A (3) of the Customs Act, 1962. In the case of CCE Jalandhar Vs B.C.Kataria [2008 (221) ELT 508

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