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Shah Diagnostic Institute Private Limited, a Company Incorporated Unde ...

Court : Mumbai

Subject : Customs

Acts : General Clauses Act - Sections 6; Customs Act, 1962 - Sections 25, 25(1) and 159A; Customs Tariff Act; Finance Act, 2001; Constitution of India - Articles 14 and 19(1)

Reported in : 2006(3)BomCR54; 2008(222)ELT12(Bom); 2006(3)MhLj395

of the learned counsel over-looks and ignores Section 159A of the Customs Act which was introduced by the Finance Act, 2001. Section 159A reads thus:159A. Effect of amendments, etc., of rules, regulations, notifications or orders. Where any rule, regulation, notification … were heard together and are being disposed of by this common judgment.2. In Writ Petition No. 2476 of 1994, the petitioner challenges the order dated 28th August, 1994 passed by the Collector of Customs -II, Mumbai whereby

Madras Hire Purchase Association Represented by Mr. NitIn Sagan Vs. Un ...

Court : Chennai

Subject : Sales Tax/VATConstitution

Acts : Sale of Goods Act, 1930; Finance Act, 1994 - Sections 65, 65(12), 65(14), 65(105) and 66; Companies Act, 1956 - Sections 2; Constitution of India (Eighty-eighth) (Amendment) Act, 2003; Constitution of India (Forty-sixth) (Amendment) Act; Finance Act, 2000 - Sections 116 and 117; Finance Act, 2001 - Sections 137; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 265, 268A and 366(29A)

Reported in : (2009)225CTR(Mad)289; (2009)5MLJ1137; [2009]18STJ235(Madras); 2009[16]STR3; (2009)25VST446(Mad)

as may be prescribed.(2) .....(3) .....(4) ......(5) With effect from the date notified under Section 137 of the Finance Act, 2001, there shall be levied a service tax at the rate of five per cent, of the value of … of Service Tax on hire purchase and leasing transaction by the Parliament is violative of Article 14 and 19(1)(g), 265, 366(29A), Entry 54 of List II of Schedule VII of the Constitution of India. All the other

C.K. Jidheesh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Finance Act, 1994 - Sections 65(47), 65(48), 65(72), 66 and 67; Finance Act, 2001; Customs Act - Sections 2(22); Constitution of India - Articles 14, 19(1) and 366(29A)

Reported in : AIR2006SC444; (2005)199CTR(SC)212; 2005(103)ECC81; [2005]279ITR118(SC); JT2005(10)SC297; 2005(4)KLT770(SC); (2005)13SCC37; [2006]144STC322(SC)

and discriminatory being in violation of Articles 14 and 19(1)(g) of the Constitution, and also violative of the Finance Act, 1994 as amended by the Act 14 of 2001. The Petitioner also prays for an Order directing the … But the real challenge is to the amendment in the Finance Act. That letter is only clarifying what Section 67 of the Finance Act, 1994, as amended by Act 14 of 2001, provides. 6. Section 65(47) defines

Federal Bank Officers Association Vs. Union of India

Court : Kerala

Subject : Direct Taxation

Reported in : [2004]140TAXMAN173(Ker)

writ petition. Petitioners seek for a declaration that section 17(2)(vi) of the Income Tax Act as inserted by Finance Act 2001 is illegal and violative of articles 19(1)(g) and 246 of the Constitution of India, and a declaration that

Madras Hire Purchase Association Vs. Union of India (Uoi)

Court : Chennai

Subject : Service Tax

Acts : Finance (Amendment) Act, 1994 - Sections 65, 65(12), 65(14), 65(105) and 66; Companies Act, 1956 - Sections 2; Constitution (Eighty-eighth Amendment) Act, 2003; Finance Act, 2000 - Sections 116 and 117; Finance Act, 2001 - Sections 137; Sale of Goods Act, 1930; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 265, 268A and 366(29A)

Reported in : [2009]21STT355

may be prescribed.(2) to (4)** ** **(5) With effect from the date notified under Section 137 of the Finance Act, 2001, there shall be levied a service tax at the rate of five per cent, of the value of … introduction of Service Tax on hire-purchase and leasing transaction by the Parliament is violative of Articles 14 and 19(1)(g), 265, 366(29A), Entry 54 of List E of Schedule VII of the Constitution of India. All the other

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

Special Importance) Act, 1957( 58 of 1957);(v)(v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001)(vi)(vi) the Education Cess on excisable goods leviable under section 91 read with section 93 of … G.S. Kulkarni, J. Both these appeals under Section 35 G of the Central Excise Act 1944 arise out of the common orders dated 6.1.2012 of the Customs, Excise and Service Tax Appellate Tribunal (Tribunal),

M/S.Tata Sky Ltd. Rep. Through Its M.D. and Ceo, S Vs. State of Orissa ...

Court : Orissa

Subject : Service Tax

Act, 1990. The definition of broadcasting, as contained in Section 2(c), is incorporated in Section 65(15) of the Finance Act, 2001 and further includes programme selection, scheduling or presentation of 7 sound or visual matter for public viewing through … Amendment Rules, 2010”.) (Annexure-6) as being illegal, arbitrary and unconstitutional and ultra vires Articles 246, 265, 301 & 19(1)(g) read with Entry 92C/97 of List I and Entry 62 of List II, Seventh Schedule of the Constitution

Hari NaraIn Soni Vs. Income Tax Officer and anr.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2009)224CTR(Raj)424

dt. 31st March, 1993 and in the order dt. 11th April, 2001, is without force.19. Prior to the Finance Act, 1987, Sections 234A, 234B and 234C of the Act had used the word 'may'. However, in 1987, the … the respondent No. 1 had computed the taxable income of the assessee and had charged an interest under Sections 234A, 234B and 234C of the IT Act, 1961 (in short, 'the Act'). By the latter order, dt.

Neelkanth Devansh Developers Private Limited Vs. Urban Infrastructure ...

Court : Mumbai

Subject : Education

the Respondents/original Petitioners has relied upon two judgments of this Court; one in J.K. Corporation Ltd. vs. Ensource Finance Ltd. (2001] 33 SCL 143 (BOM)and the other in Marine Container Services (India) Pvt. Ltd. vs. Shaheel Bearings … broadly is as under : According to the respondents/original petitioners, the appellant companies were incorporated under the Companies Act, 1956 as Private Companies Ltd. by shares on 1st March, 2007, and that the main objects for which … the Apex Court vide Arbitration Application No.12 of 2015 on 09/12/2015 under Section 11 of the Arbitration and Conciliation Act, 1996 seeking reference to arbitration. … the respondents/original petitioners, the appellant companies were incorporated under the Companies Act, 1956 as Private Companies Ltd. by shares on 1st March, 2007, and that

Commissioner of Income Tax Vs. Manjara Shetkari Sahakari Sakhar Karkha ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(19), 37(1), 40A(2), 80P and 260A; Maharashtra Co-operative Societies Act, 1960 - Sections 2(4), 65, 78 and 79A; Essential Commodities Act, 1955 - Sections 3(3); Co-operative Societies Act, 1912; Finance Act, 2001 - Sections 2(18), 2(24), 27(111). 36(1), 40, 45(3), 80L(1), 80P, 139(1), 193, 194A(3), 269T and 269

Reported in : (2008)214CTR(Bom)662; [2008]301ITR191(Bom)

27(111). 36(1)(ia), 40(ba), 45(3), 80L(1)(ii), (vi), (via), (viii), (ix), 80P, Expln. 1 (b)(1) to Section 139 (1)(prior to Finance Act, 2001), 193 (iib), 194A(3)(i), (v), 269T and 269 (VA). In these circumstances, it was held that under the IT … J.P. Devadhar, J.1. In these group of 47 appeals filed under Section 260A of the IT Act, 1961 (the Act for short), the CIT has challenged various orders passed by the Tribunal in the case of