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Gurcharan Singh Vs. Directorate of Revenue Intelligence
Supreme Court of India
Apr-01-2008
CustomsCriminal
Customs Act, 1962 - Sections 2, 2(33), 2(41), 8, 11, 13, 50, 76, 77, 104, 111, 113, 123, 132, 135, 135(1), 135B, 136 and 136(1); Customs (Amendment) Act, 2003; Finance Act, 2003 - Sections 109; Foreign Exchange Regulation Act, 1973 - Sections 14, 14(1), 15 and 18; Code of Criminal Procedure (CrPC) - Sections 482; Finance (No. 2) Act, 1991; Foreign Trade (Development and Regulation) Rules, 1993 - Rule 11
2008(1)ALD(Cri)968; 2008CriLJ2238; 2008(128)ECC5; 2008(154)LC5(SC); 2008(224)ELT497(SC); JT2008(4)SC383; 2008(4)SCALE403; 2008AIRSCW2280; 2008(2)AICLR821; 2008(3)Supreme28
entry of goods which was even otherwise covered. It is in that contingency that Section 109 of the Finance Act, 2003 provided:109. In Section 113 of the Customs Act, -(a) in Clauses (c), (e), (f), (g) and (h), the … prohibited goods. 16. Noticing that such a Notification had been issued by the Central Government in terms of Section 18 of the Foreign Exchange Regulation Act, 1973 viz-a-viz Section 14 thereof providing for valuation of goods for the
Tag this Judgment! AI Brief & AskTest Claimants in the Franked Investment Income Group Litigation Vs. C ...
UK Supreme Court
May-23-2012
Land Acquisition
such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … are concerned was established by a group litigation order on 8 October 2003. The test claimants are all companies which belong to groups which have … the system of advance corporation tax ("ACT") and to the taxation of dividend income from non-resident sources under section 18 (Schedule D, Case V) of the Income and Corporation Taxes Act 1988 ("the ICTA") ("the DV provisions"). The
Tag this Judgment! AI Brief & AskCheckmate Services P Ltd Vs. Commissioner Of Income Tax-i
Supreme Court of India
Oct-12-2022
Land Acquisition
cash, the sum has been realised within fifteen days from the due date." By Section 21 of the Finance Act, 2003, the above second proviso was omitted. Thereafter, by Finance Act, 2021 the following Explanation 5 was added, w.e.f. … the amounts - be it towards tax liability, interest or other similar liability spelt out by the provision. 1831. Section 43B falls in Part-V of the IT Act. What is apparent is that the scheme of the
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Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...
Delhi
May-02-2012
Excise
under section 136 of the Finance Act, 2001 (14 of 2001), as amended by Section 169 of the Finance Act, 2003 (32 of 2003) and further amended by Section 3 of the Finance Act, 2004 (13 of 2004); (e) … duty (hereinafter referred as CVD) paid on the inputs utilized for manufacture. These applications were made under Rule 18 of the Central Excise Rules, 2002, read with notification No. 21/2004-CE(NT) dated 6th September, 2004. In some cases,
Tag this Judgment! AI Brief & AskM/S Geethanjali Effective Realty Solutions Pvt Ltd vs the Income Tax D ...
Karnataka
Dec-16-2025
the labour welfare funds. To this effect, the first proviso stood introduced with effect from 1-4-1988.15. By the Finance Act, 2003, the amendment made in the first proviso equated in - 20 -terms of the benefit of deduction of … ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT OR DECLARATION THAT THE LEGISLATURE BY SUBSEQUENT AMENDMENT TO SECTIONS 191, 201, 43B, 40(a)(ia) RWS. 139 OF THE IT ACT HAS ALLOWED ADDITIONAL TIME TO THE DEPOSITOR TO … that being so the appellant was not required to act under Section 18(3-B). He accordingly set aside theorder impugned. The revenue went up in appealagainst
Tag this Judgment! AI Brief & AskMaharashtra State Electricity Distribution Company Limited Vs. Maharas ...
Supreme Court of India
Oct-08-2021
Land Acquisition
MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS. .…Respondent(s) JUDGMENT Indira Banerjee, J.This appeal, under Section 125 of the Electricity Act 2003, is against a judgment and order dated 27th April 2021 passed by the Appellate Tribunal for Electricity, hereinafter … law arises in a case. Be that as it may.” (Emphasis supplied) 18. Mr. Singh also cited Nazir Mohamed v. J.Kamala and Others2, authored by … It is wrong to equate LPS with carrying cost or actual cost incurred because any interest paid for finances raised cannot have any nexus to the LPS as it is not the same as a loan advanced,
Tag this Judgment! AI Brief & AskThe State of Karnataka vs M/S Vaswani Estates Developers
Karnataka
Apr-17-2026
REVISION PETITION No.2 OF 2022 IN STRP No. 181/2018 BETWEEN:1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560001. …PETITIONER (BY SRI ADITYA VIKRAM BHAT, AGA) AND:1. M/S VASWANI ESTATES DEVELOPERSPRIVATE LIMITED, … FOR SMT. TANMAYEE RAJKUMAR, ADVOCATE) THIS STRP IS FILED UNDER SECTION 65(1) OF THE KARNATAKA VALUE ADDED TAX ACT., 2003 AGAINST THEJUDGMENT DATED 28.04.2017 PASSED IN STA.Nos.971 TOTRIBUNAL AT BENGALURU, PARTLY ALLOWING THE APPEALS AND UPHOLDING THE RECTIFICATION … OF 2020 SALES TAX REVISION PETITION No.2 OF 2022 IN STRP No. 181/2018 BETWEEN:1. THE STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, VIDHANA
Tag this Judgment! AI Brief & AskCommissioner of Income-tax, Faridabad Vs. Ghanshyam (Huf)
Supreme Court of India
Jul-16-2009
Direct Taxation
Income Tax Act, 1961 - Sections 2(47), 45, 45(1), 45(5), 54, 54B, 54D, 54E, 54EA, 54EB, 54F, 54G, 54H, 154, 155(7A), 155(16), 260A and 269UA; Transfer of Property Act, 1882 - Sections 53A; Finance Act, 1987; Land Acquisition Act, 1894 - Sections 4, 4(1), 6, 18, 23, 23(1), 23(1A), 23(2), 28 and 34; Finance Act, 1991; Land Acquisition (Amendment) Act, 1984 - Sections 23(1A); Income Tax Act, 1922; Finance Act, 2003 - Sections 45(5) and 155(16)
(2009)224CTR(SC)522; [2009]315ITR1(SC); JT2009(9)SC445; 2009(9)SCALE657; (2009)8SCC412; [2009]182TAXMAN368(SC); 2009(6)LC2930(SC)
what we have stated hereinabove is reinforced by the newly inserted Clause (c) in Section 45(5) by the Finance Act, 2003 w.e.f.1.4.2004. This newly added clause envisages a situation where in the assessment for any year,--the capital gain arising … applicable only in respect of the excess amount, which is determined by the Court after a reference under Section 18 of the 1894 Act. Section 28 does not apply to cases of undue delay in making award for
Tag this Judgment! AI Brief & AskState of Kerala & Another versus Asianet Satellite Communications ...
Supreme Court of India
May-22-2025
[2025] 5 S.C.R. 2215
Constitution; Cooley on Taxation - referred to.List of Acts Constitution of India; Finance Act, 1994; Finance Act, 2002; Finance Act, 2003; Finance Act, 2004; The Kerala Tax on Luxuries Act,1976; Uttarakhand (Uttar Pradesh Entertainment and Betting Tax Act, 1979; … Phrases - “Broadcasting” and “Broadcasting agency or organization” - Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2(c) - Finance Act, 1994 as amended by the Finance Act, 2001 - Section 65(13). [Para 17.14-17.18] Constitution
Tag this Judgment! AI Brief & AskVodafone International Holdings B.V., a Company Incorporated Under the ...
Mumbai
Dec-03-2008
Direct Taxation
Income Tax Act, 1961 - Sections 1(2), 2, 2(17), 2(23A), 2(31), 2(37), 2(47), 4, 4(1), 4(2), 5(2), 9, 9(1), 23(1), 23(3), 24, 26, 64, 64(2), 173, 191, 192(1A), 194, 194C(1), 195, 195(1), 195(2), 195(3), 197, 199, 200, 201, 203A, 221, 221(1), 201(1A), 245S, 246A and 271C; Foreign Contribution Regulation Act; Indian Official Secrets Act; Constitution Act; Information Technology Act; Indian Passport Act; Indian Income Tax Act, 1922 - Sections 18, 19 and 42; Finance Act, 2008; Indian Telegraph Act, 1885; MRTP Act - Sections 33; Finance Act, 2002 - Sections 201; Companies Act; Income Tax (Amendment) Act, 2008 - Sections 191 and 201; Income Tax (Amendment) Act, 2002; Income Tax (Amendment) Act, 2003; Income Tax Rules - Rules 30 and 31A, 41E; Constitution of India - Articles 14, 19(1
2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)
that the liability was extended not by way of clarification but by way of a amendment to the Finance Act with retrospective effect. It is well established that while it is permissible for the Legislature to retrospectively legislate, … 200' were inserted after 'such person'. A consequent amendment was made in 2003 by the addition of the Explanation to Section 191).iii. Failure to deduct … 'The Law of Income-Tax in India' by V.S. Sundaram [Fourth Edition (1936) at page 506], with regard to Section 18 of the Indian Income-tax Act, 1922 which provided for deduction of tax at source, including in respect of
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