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Adityapur Industrial Area Development Authority Vs. Union of India (Uo ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance Act, 2002; Income Tax Act, 1961 - Sections 10, 10(20), 10(20A), 28, 38 and 38(2); Bihar Industrial Areas Development Authority Act, 1974 - Sections 7 and 17; Cantonments Act, 1924 - Sections 3; General Clauses Act - Sections 3(3); Contract Act; Road Transport Corporation Act, 1950; Maharashtra Industrial Development Act, 1961; Constitution of India - Articles 243, 243P, 285, 289, 289(1), 289(2) and 289(3)

Reported in : AIR2006SC2375; (2006)202CTR(SC)464; [2006]283ITR97(SC); [2006(4)JCR202(SC)]; 2006(5)SCALE321; (2006)5SCC100; 2006(1)LC713(SC)

the Central Bank of India, Jamshedpur bringing to the notice of the Manager of the Bank that the Finance Act, 2002 had brought about changes in the Income Tax Act and while Section 10(20A) had been omitted, an Explanation … and Central Governments on the other. Take for instance the case of supersession of the Corporation authorized by Section 38. Section 38(2)(c) emphatically brings out the fact that the property really vests in the corporation, because it provides

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

Elphinstone Spinning and Weaving Mills Company Ltd. : [1960]40ITR142(SC) . 11. Section 271(1)(c) was again amended by the Finance Act, 2002. Subsequent amendment was brought to the notice of the Bench hearing the Appeal. In the impugned order, the … after the 1976 amendment and prior to its amendment by Finance Act, 2002. Contrary view is expressed in: 38,60,075. If the interpretation sought to be put by the Department is correct, then there would be a lot

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

short issue in this appeal is whether the levy of surcharge in terms of the provisions of the Finance Act, 2002, is valid in a block assessment made under Section 158BC of the Income-tax Act. The tax has to … Income-tax, Eighth Edition (revised by Hon'ble Supreme Court Justice Mr. S. Ranganathan) Vol. I at page 57 under Section 38 with the head note 'Retroactive Legislation' and Chatuvedi & Pithisaria's 'Income-tax Law' Fourth Edition, 1990 Vol.1 at page

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 … Industrial Machinery Manufacturers Pvt. Ltd Vs. The State of Gujarat, (1965)16 STC 380); (b) Member, Board of Revenue, West Bengal Vs. M/s.Phelps and Co.(P) Ltd.,

Akanksha International Through Its Proprietor Mrs. Anju Suryaprakash D ...

Court : Mumbai

Subject : Electricity

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5, 13, 13(2), 13(4) and 35; Electricity Act, 2002; Electricity Act, 2003 - Sections 43 and 50; Electricity Act, 1910; Electricity (Supply) Act, 1948; State Financial Corporation Act, 1951 - Sections 32G; Bombay Sales Tax Act, 1959 - Sections 39; Debt Recovery Act; Contract Act; Coal Mines (Nationalisation) Act, 1973; Maharashtra Land Revenue Code - Sections 169; Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005 - Regulation 10.5

Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753

the Securitisation Act, 2002. Hence Section 35 of the Securitisation Act, 2002 does not override the provisions of Section 38 of the Bombay Sales Tax Act. In fact this case lays down that if law creates any charge … by the respondent that the sale certificate issued by M/s Usha Martin Finance Limited constituted Attorney of Asset Reconstruction Company India Limited (ARCIL) has been … secured creditor under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as, 'the Securitisation Act, 2002'), for direction to the respondent Electricity Distribution Company to consider

Dy. Cit Vs. Aatur Holding (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2004)1SOT101(Mum.)

assessee and assessment had already been made, It is notable that Explanation 3 has been amended by the Finance Act, 2002 with effect from 1-4-2003 and accordingly for the assessment year 2003-04 and subsequent assessment years the Explanation has … by the learned CIT(A) of penalties of Rs. 87,56,292 and Rs. 3,01,46,655, levied by the assessing officer under section 271(1)(c) of the Income Tax Act for the assessment years 1991-92 and 1992-93 respectively. Identical grounds of appeal … deliberately furnish inaccurate particulars of such income within the meaning of section 38(1)(c) of the Cochin Income Tax Act, 1117. The provisions of section 38(1)(c)

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

Subject : Service Tax

Acts : Constitution Of India - Article 226

under Article 226 of the Constitution of India are challenging imposition of penalty under section 38(3) of the Finance Act, 1979 ("Finance Act" or "Act" for short) for delay in payment of Foreign Travel Tax ("FTT" for short) … four separate showcause notices were issued to the petitioner. The adjudicating authority vide its order dated 29th May, 2002 imposed penalty of Rs.4,19,700/ on the petitioner for late payment of FTT for the months of April, August

Fleming (T/a Bodycraft) (Respondent) Vs. Her Majestyand#8217;s Revenue ...

Court : House of Lords

Subject : Land Acquisition

for any transitional arrangements: Marks and Spencer II, [2002] ECR I-6325, para 38; Grundig, [2002] ECR I-8033, para 37. This much was common ground in … time limit. 3. An amendment to section 80(4) of VATA 1994 was enacted by section 47 of the Finance Act 1997 with effect from 18 July 1996. It reduced the six year time limit for the recovery of … ECJ’s Marks and Spencer decision had disclosed is to be found in the ECJ’s judgment on 24 September 2002 in the Grundig case [2000] ECR-1-8003, referred to by Lord Walker in paragraph 44 of his opinion. In

Tahsildar (Rr) Hosdurg Taluk, vs Dewan Housing Finance Corporation Ltd ...

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … institutions guided by the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) are allowed; and held that a secured creditor under Section 26E of the SARFAESI Act … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect

The Sub Registrar, Sub Registry Office, vs Anzar Babu,

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … institutions guided by the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) are allowed; and held that a secured creditor under Section 26E of the SARFAESI Act … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect