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Bharat Heavy Electricals Limited, Chennai Vs. M/s. Jyothi Turbopower S ...

Court : Chennai

Subject : Arbitration

to the judgment of the learned Single Judge of this Court in Mangayarkarasi Apparels (P) Ltd. vs. Sundaram Finance Ltd., 2002 (2) CTC 585, opining that the expression ''other authority'' within the meaning of Article 226 of … of claim itself was not filed resulting in the learned Arbitrator / the second respondent exercising powers under Section 25 (a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') and terminating the

Central Bank of India Vs. State of Kerala and ors.

Court : Supreme Court of India

Subject : Sales Tax/VAT

Acts : Bombay Sales Tax Act, 1959 - Sections 38C and 39; Kerala General Sales Tax Act, 1963 - Sections 2, 2(2) and 26B; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 2(1), 13(4), 13(10), 13(12), 11(2), 17, 17(1), 17(2), 17(5), 18, 19(1), 19(6), 19(7), 19(8), 19(12), 19(13), 19(18), 19(19), 20(1), 21, 22, 25, 28, 29, 31(1), 31A, 34(1), 36 and 37; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000; Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2004; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 3 to 12, 13, 13(1), 13(2), 13(3A), 13(4), 13(7), 13(9), 13(10), 13(12), 34(1), 35 and 38(1); Kerala Revenue Recovery Act, 1968 - Sectio

Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216; [2009] 3 SCR 735

3 of the Essential Commodities Act, 1955 which is a Central legislation and Section 5(3) of the Bihar Finance Act, 1981 by which surcharge was levied on certain dealers engaged in selling drugs. While negating challenge to the … Act') for recovery of `debt' and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short `the Securitisation Act') for enforcement of `security interest' and whether by virtue of non obstante clauses … or rules made thereunder, the Tribunal and the Appellate Tribunal shall be free to regulate their own procedure. Section 25 specifies three modes of recovery of debt, namely, (a) attachment and sale, (b) arrest of the defendant and

Commr. of Income Tax Vs. Gujarat Maritime Board

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Gujarat Maritime Board Act, 1981 - Sections 3(2), 25, 26, 73, 74 and 75; General Clause Act, 1897 - Sections 3(31); Income Tax Act, 1961 - Sections 2(15), 10(20), 11, 11(1), 11(4), 11(16), 12A and 60 to 63; Finance Act, 2002; Gujarat Maritime Board Act, 1981; Indian Ports Act, 1903 - Sections 36; Banking Companies Acquisition and Transfer of Undertaking Act, 1970 - Sections 2; Public Trust Act

Reported in : (2008)214CTR(SC)81; [2007]295ITR561(SC); 2007(14)SCALE21; 2007AIRSCW7912; 2008(3)KCCRSN199

income of the Board was not eligible to income-tax under Section 10(20) or the Income-tax Act, 1961.3. By finance Act, 2002, an Explanation was added in Section 10(20) by which 'Local Authority' was defined. It gave a restricted meaning … all working expenses;(h) the cost of the execution and provision of any new work or appliance specified in Section 25 which the Board may determine to charge to revenue;(i) any expenditure incurred under Section 26;(j) any other expenditure

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

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … for the credit of the duty paid. This was a case falling under the Maharashtra Value Added Tax Act 2002. The challenge in this case was to the constitutional validity of Section 48(5) of the Maharashtra Value Added … 3. The genesis of the issue is a show cause notice dated 25.4.2006 issued by the revenue to the appellant, inter alia, recording that the

Jacobus Johannes Liebenberg No. and Others Vs. Bergrivier Municipality

Court : South Africa Supreme Court of Appeal

Subject : Land Acquisition

Act 32 of 2000 (the Systems Act), the Local Government: Municipal Finance Management Act 56 of 2003 (the Finance Act) (which came into operation on 1 July 2004) and lastly the Local Government: Municipal Property Rates Act 6 … each year). And the municipal council must approve the budget before the start of the budget year. [21] Section 25 regulates the position where a municipal council has failed to approve a budget including revenue-raising measures necessary to … rates by the applicant on the respondents in the financial years from 2002/2003 to 2008/2009 was lawful. b. The respondents are ordered to make payment

Commissioner of Income-tax Vs. Agricultural Produce and Market Committ ...

Court : Mumbai

Subject : Direct Taxation

Acts : Agricultural Produce Marketing (Regulation) Act, 1963 - Sections 29, 31, 36, 37 and 52A; Income Tax Act, 1961 - Sections 2(15), 10(20), 11, 12, 12A, 12AA, 80G and 260A; Finance Act, 2002; Bombay Shops and Establishment Act, 1948 - Sections 2(4); Income Tax Act, 1922 - Sections 4(3); Companies Act, 1956 - Sections 25; Finance Act, 1983

Reported in : (2007)210CTR(Bom)386; [2007]291ITR419(Bom)

local authorities were covered under Section 10(20) of the Act and their income was exempt. However, by the Finance Act, 2002, with effect from April 1, 2003, an Explanation has been added to Section 10(20) of the Act whereby … purpose. It is significant to note that the assessee was a company recognised by the Central Government under Section 25 of the Companies Act, 1956, and under its memorandum of association, the profit arising from any activity carried

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

proceeds of crime is involved in money-laundering.” 371 The Standing Committee of Finance then made some recommendations as follows: “The Committee recommend that the prescribed … 8 of the Suppression Of Unlawful Acts Against Safety Of Maritime Navigation and Fixed Platforms On Continental Shelf Act, 2002; Section 212 of the Companies Act, 2013; and Section 12 of the Anti-Hijacking Act, 2016. State Legislations:- Section 19 … 193 and 228 of the IPC. Even so, the fact remains that Article 20(3) or for that matter Section 25 of the Evidence Act, would come into play only when the person so summoned is an accused of

Manisha Construction Vs. the Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

proceedings as provided under the newly inserted Sub-clause (A) of Clause (c) of Section 158BB(1) inserted by the Finance Act, 2002 with retrospective effect from 1-7-1995.14. We have considered the rival contentions of both the parties and have carefully … 36,05,229/- - ----------------------------------------------------------------------------- 99-00 (-) 2,19,735/- - ----------------------------------------------------------------------------- 00-01 1,11,618/- - ----------------------------------------------------------------------------- 01-02 (-) 2,01,709/- - ----------------------------------------------------------------------------- 5,00,000/----------------------------------------------------------------------------- 25,94,960/- 2,58,983/- Total undisclosed income for the block period is shown at Rs. 23,35,9777: 4. On the basis of

National Federation of Insurance Field Workers of India and anr. Vs. U ...

Court : Uttaranchal

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 14, 15, 16, 17, 17(1), 17(2), 192(2C), 295, 295(2), 296 and 296(1); Finance Act - Sections 17(2); Income Tax (Amendment) Rules, 2001 - Rule 3

Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)

authority, to identify 'interest free loan/concessional loan' as a fringe benefit under Section 17(2)(vi) (as inserted by the Finance Act, 2001) with effect from April 1, 2002. In this connection, it was further argued that under Section 17(2)(vi) … petition the petitioners, namely, National Federation of Insurance Field Workers of India have, challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes (hereinafter referred to for

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

the gross amount charged by the service provider).19(ii). The term 'broadcasting' was re-defined under Section 65(14) of the Finance Act, 2002 as under:65. Definitions.- In this Chapter, unless the context otherwise requires,-(14). 'broadcasting' has the meaning assigned to it … This action of the State Government was assailed by the petitioner company by filing Writ Petition (M/S) No. 2562 of 2007, and thereafter, Writ Petition (M/S) No. 353 of 2008.7. The principal contention on behalf the petitioner,