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Shree Rajasthan Texchem Ltd. and ors. Vs. Union of India (Uoi) and ors ...

Court : Rajasthan

Subject : Excise

Reported in : 2008(229)ELT50(Raj)

of the case, the Tribunal was right in coming to the conclusion that under Section 112(2)(b) of the Finance Act, 2000 interest can be levied even without there being adjudication of show cause notice, which are pending decision … one matter, being in Commissioner of Central Excise, Hyderabad v. Associated Cement Companies Ltd. Mancherial reported in : 2003(151)ELT12(SC) , came to be decided by Hon'ble the Supreme Court, and therein a view was taken, that the

S.R. Batliboi and Co. Vs. Department of Income Tax (investigation)

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69A, 131, 132, 132(1), 132(1A), 132(3), 132(13), 132(14), 133, 133(6), 139, 147 to 149, 151, 153, 153(2), 153A, 153B, 153C, 158BB, 158BD and 275B; Income Tax Rules - Rule 112(2); Chartered Accountants Act, 1949; Information Technology Act, 2000 - Sections 2(1); Finance Act, 2003; Stamp Act - Sections 73; Constitution of India - Articles 12, 14 and 19 and 226; Code of Criminal Procedure (CrPC)

Reported in : (2009)224CTR(Del)369; [2009]315ITR137(Delhi); [2009]181TAXMAN9(Delhi)

that the assessment must be completed within one year. Sections 153A, 153B and 153C were introduced by the Finance Act, 2003 with effect from 1.6.2003. In essence, Section 153A has in focus the 'case of a person where a … an indiscriminate search or seizure is not postulated by the Act. Form No. 45 and 45A and Rule 112(2) which seek to effectuate the purposes of Section 132(1) of the Act reinforce the distillation of the law

Jayaswals Neco Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Customs

Reported in : (2005)(188)ELT281Tri(Mum.)bai

and not 24% in view of retrospective amendment introduced to Notification No. 30/97 by Section 127(1) of the Finance Act, 2003 read with SI. No. 7 of the Third Schedule thereof. (vii) Since BCD has been paid, there is … no violation of condition of notification and Section 111(o) is not applicable and no penalty is imposable under Section 112.3. We find that the appellants were allowed duty free clearance of imported LAM Coke under the advance licence

Mr. Raya R. Govindarajan, Prop. Vs. the Asst. Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2007)288ITR150(Chennai)

provision in Finance Act, 2002 the Parliament continued the levy of surcharge in respect of tax determined under Section 112 of I.T. Act. According to the learned D.R., since the Parliament in their wisdom enacted finance Act, 2001 … 113 provides the rate of tax itself. The learned counsel further submitted that Section 113 was amended by Finance Act, 2002 with effect from 1.6.2002. The legislature introduced a proviso which provides for levy of surcharge as levied

Parshuram D. Patil Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)103TTJ(Mum.)765

that the gains earned by the assessees are taxable as per the amendment of Section 55(2) by the Finance Act, 1994 w.e.f. 1st April, 1995. As the assessee acquired the plot prior to 1974 and transferred the same … Sept., 1999 and the fresh assessment order was passed on 28th March, 2003. The Tribunal had set aside the original block assessment orders in their … of certain lands, the tax should be levied @ 20 per cent in accordance with the provisions of Section 112(1)(a)(ii) of the IT Act. It was contended that Section 112 is a special provision specifying the rates of

Shree Shyam Filaments Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2004)(176)ELT512TriDel

on HSD Oil under Rule 57 B of the Central Excise Rules, 1944; that Section 112 of the Finance Act, 2000 provided that credit is not admissible in respect of HSD Oil with retrospective effect; that the validity … Special leave petition filed by Shri Cement Ltd. has been admitted by the Supreme Court on 20th January, 2003. It is further, mentioned that in view of the matters being sub judice, the lower authorities should have

Rama Newsprints and Paper Ltd. and Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2006)(104)ECC541

of Tribunal in the case of Chemo Pulp and Tissue v. C.C.E. . The Cegat was concerned with Section 112 of the Finance Act, 2000 which held that HSD oil is not an input under Section 57A or … pending till such time an appropriate legislation to validate action is enacted. Thereafter by Section 131 of the Finance Act, 2001 Section 38-A was inserted in the Central Excise Act, 1944 providing that any amendment, repeal, suppression or … W Mills 2002 (149) ELT 742 and Shaw Wallace Co. v. CCE 2003(l56) ELT 406, It was further submitted that CESTAT on a similar issue

Commissioner of Central Excise Vs. Mangalam Cement Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2007)7STR673

the constitutional validity of Sections 116 and 117 of the Finance Act, 2000 and Section 158 of the Finance Act, 2003 as well as Section 71A of the Finance Act, 1994, therefore, the matter was subjudice. The Hon'ble the

Vikrant Tyres Ltd and ors. Vs. Cce and ors.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

Reported in : (2004)(96)ECC271

(HSD) Oil for the period 16.03.1995 to 12.05.2000. It is the submission of the learned SDR that the Finance Act, 2000 introduced Clause (1) to section 112 by which the modvat credit in respect of HSD oil was … Counsel's submission that the Apex Court, in the case of CCE, Hyderabad Vs. Associated Cement Companies Ltd. - 2003 (151) ELT 12(SC).decided the issue pertained in CEGAT Order No. 2313/99 SZB dated 08.09.1999 and only upheld the

Mrs. Aruna M. Katara Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (2004)82TTJ(Pune.)363

order as under: "Facts of the case were duly considered. The concept of block assessment was introduced by Finance Act, 1995. Circular No. 717 dt. 14th Aug., 1995, gives explanatory notes of various amendments. Coming to the block … clarification, therefore, it is clarificatory in nature being declaratory. Sections 112 and 113 are pari materia and if Section 112 is seen, there is no such proviso and surcharge is being charged with respect to capital gains because