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Union of India (Uoi) and ors. Vs. MartIn Lottery Agencies Ltd.

Court : Supreme Court of India

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 9(1), 65, 65(19), 65(50), 65(105), 66, 68 and 271; Finance Act, 2003 - Sections 65 and 65A; Finance Act, 2008; Finance Act, 1983; Lottery (Regulation) Act, 1998 - Sections 4; Sale of Goods Act, 1930 - Sections 2 and 2(7); Central Excise Act, 1944 - Sections 2; Income-tax Act - Sections 22; Constitution of India - Articles 19, 162, 245 and 246, 268A and 298

Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301; [2009] 7 SCR 946

marketing of service provided by the client; orThe term 'business auxiliary service' was inserted in the Act by Finance Act, 2003 which came into force on 01.07.2003. The term 'business auxiliary service' includes services as a commission agent, but … any quarrel with the said proposition. Therein, however, this Court was considering a case where two interpretations of Section 22 of the Income-tax Act were possible. It was opined that if one interpretation is possible and the same

Commnr. of Central Excise, T.N. Vs. Vinayaga Body Building Indus. Ltd.

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 11A; Finance Act, 2003; Motor Vehicles Act, 1988 - Sections 2(22); Central Excise Tariff Act, 1985; Central Excise Rules - Rule 4(1)

Reported in : 2008(126)ECC91; 2008(152)LC91(SC); 2008(224)ELT3(SC); JT2008(3)SC447; 2008(3)SCALE464; (2008)3SCC666; 2008AIRSCW1981; 2008(4)KCCRSN261

12 PLUS 1 (i.e. 12 passengers and one driver). 4. Indisputably, National Calamity Contingency Fund was created by Finance Act, 2003 wherefor inter alia it was proposed to impose one per cent duty on motor cars and multi utility … cause as to why an amount of Rs. 4,42,823/- should not be recovered from them in terms of Section 11A of the Central Excise Act read with Rule 4(1) of the Central Excise Rules towards NCCD at … in this appeal, which arises out of a judgment and order dated 22.09.2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal

Nile Ltd. Vs. Renewable Energy Systems Ltd. and ors.

Court : Andhra Pradesh

Subject : SICACivil

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 16, 17, 22, 22(1), 25 and 52; Companies Act, 1956; Bombay Village Panchayat Act, 1959 - Sections 129; Code of Civil Procedure (CPC) - Sections 151 - Order 21, Rule 38; Constitution of India - Article 227

Reported in : 2006(3)ALD675; 2006(3)ALT746; [2006]132CompCas169(AP); (2006)6CompLJ547(AP)

considered.7. Learned Counsel for the petitioner further relied upon another decision of the Bombay High Court in Garden Finance Ltd. v. Prakash Industries Ltd. AIR 2002 Bom. 8. After examining the amended and unamended provisions of Section … Financial Reconstruction (BIFR), directed that all the secured creditors, who filed suits against the company, were allowed under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'SICA') to continue with the legal proceedings,

Checkmate Services P Ltd Vs. Commissioner Of Income Tax-i

Court : Supreme Court of India

Subject : 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. … v. Alom Extrusions Ltd.9 It was urged that this decision had considered the effect 8 Circular No.495 dated 22.09.1987. 9 Commissioner of Income Tax v. Alom Extrusions Ltd., (2010) 1 SCC489 8 of deletion of the second

Joint Commissioner of Income-tax Vs. Montgomery Emerging Markets Fund

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)100ITD217(Mum.)

The source will be the asset itself. The CIT(A) further referred to the amendment brought in by the Finance Act, 1987 (No. 2 of 1987) with effect from 1 -4-1988. According to the CIT(A), as per the said … the present cases, fall. Again the law has been amended and it is different from the assessment year 2003-04 onwards.22. He explained that as per the law stood in Section 70 upto assessment year 1987-88, where the

Reserve Bank of India Vs. Pattem Surya Prakash Rao and ors.

Court : Andhra Pradesh

Subject : Banking

Acts : Constitution of India - Articles 14, 19, 21, 162, 226 and 301; Deposit Insurance Corporation (Amendment) Act, 1968; Banking Regulation Act, 1949 - Sections 2, 5, 5(1), 11, 11(1), 13A, 13D, 18, 21, 22, 22(3), 22(3A), 22(4), 22(5), 24, 35, 35A, 36, 36A, 36(1), 38, 45K(3), 45W, 56, 115A and 115B; Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 - Sections 36A and 41(1); Andhra Pradesh Cooperative Societies Act, 1964 - Sections 64, 65, 66, 115A and 115B; Depositors Insurance and Credit Guarantee Corporation Act, 1961 - Sections 2, 13D, 22, 35(4) and 36; Companies Act, 1956 - Sections 58A and 235; Banking Laws (Application to Co-operative Societies) Act, 1965; Reserve Bank of India Act, 1934 - Sections 42(3A); Cooperative Societies Rules; Bengal Money Lenders Act; Govern

Reported in : 2007(6)ALT563

and not the merits of the decision. The learned Senior Counsel in this regard relied upon Peerless General Finance and Investment Company Private Limited v. Reserve Bank of India : 1991CriLJ1391 .6. The position of Charminar Cooperative … short 'the 1995 Act') on 9.4.1997. On 23.9.1998 it was granted licence to carry on banking business under Section 22 of the Banking Regulation Act 1949 (for short 'the 1949 Act'). As a part of its annual inspection,

Mrs. Catherine Thomas Vs. the Dy. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (2008)111ITD132(Coch.)

(c) to Sub-section (5) was therefore, inserted to take care of the situation. It was inserted by the Finance Act 2003 with effect from April 1, 2004. The ld. sr. counsel pointed out that the explanatory memorandum accompanying the … Sub-Court of Calicut. The assessee filed petition for enhancement of compensation before the Sub-Court and by judgment dated 22-10-1990 the Sub-Court enhanced the compensation by Rs. 17,53,887-50. The Sub-Court also awarded interest at the rate of 9%

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

block period, absence of specific assessment year in the block assessment would render the levy suspect. XXXXXXXXXXXX44 The Finance Act, 2003, again makes the position clear that surcharge in respect of block assessment of undisclosed income was made prospective. … Section 12% 12% 12 12% 13% 2(3) or % 17% 2002 Section 2% 2% 2% 2% 2% 2(3) 2003 Section 5% 5% 5% 5% 5% 2(3) 39.2. The rate at which tax, or for that matter surcharge is … of Income Tax and Anr. Vs. Hotel Blue Moon, (2010) 3 SCC259(Para 22). It is submitted that in other words if the amendment applied retrospectively,

The Dy. Commissioner of Vs. Shri Bhim Singh Lather

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Land Acquisition

Reported in : (2006)282ITR151(Delhi)

to above were all before the introduction of Clause (c) Which was with effect from 1-4-2004 added by Finance Act, 2003, Explanatory notes where of are reported in 263 ITR 62 (St.) Circular No. 7 dated 5-9-2003 at page … was deducted in that year.6. For the Asst. Years 1994-95 and 1995-96, the Assessing Officer issued notices Under Section 148 on 11th December, 1996 in response to which the assessee declared total income of Rs.56,026/- for Asst. … was received by the assessee. The assessee received total sum of Rs. 22.82.660/- during the financial year relevant to the asst. year 1995-96 including interest

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

Subject : Banking

Acts : Finance Act, 1994 - Section 65(19);Central Excise Act, 1944 - Section 37B; Constitution of India - Article 265; Income-tax Act - Section 119

effect from 1.6.2007, the term goods has been expressly made to include computer software. But earlier in the Finance Act, 2003 in which the terms, business auxiliary service and maintenance or service were introduced for the first time. There … Circular dated 7.10.2005 issued by the second respondent, the Central Board of Excise and Customs as ultra vires section 83 of Finance Act, 1994 read with sections 37B and 65(19) of the Central Excise Act, 1944 and … in M/s.Tata Consultancy Services v. State of Andhra Pradesh [(2004) 178 ELT 22 (SC) = (2005) 1 SCC 308] and observed that software being goods,