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Apr 21 2005

J.K. Industries Ltd. Vs. Union of India (Uoi)

Court : Rajasthan

Decided on : Apr-21-2005

Subject : Customs

Acts : Companies Act, 1956; Customs Tariff Act, 1975 - Sections 3, 8C, 9 and 9A to 9C; Customs Tariff (Amendment) Act, 1982; Customs Act, 1962 - Sections 12, 15, 46, 58, 68, 72 and 129; Indian Tariff Act, 1934; Finance Act, 2003 - Sections 8B, 8C, 8(8) and 15(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2000 - Sections 9AA; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 148; Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 - Rules 2, 3, 4, 5 to 17, 18, 19 and 20; Constitution of India - Articles 12, 14, 136, 226, 227, 229 and 265

Reported in : 2005(103)ECC152; 2005(186)ELT3(Raj)

before competent authority before goods are cleared from warehouse under Section 68.35. Until Section 15(1)(b) was amended vide Finance Act, 2003, the rate of duty and valuation of tariff was to be done as per the date on which … situated within the precincts of his factory at Kankroli in the State of Rajasthan under the provisions of Section 58 of the Customs Act, 1962 where the imported goods are to be removed on reaching Indian Territory without

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Mar 12 2008

Total Network Sl (a Company Incorporated in Spain) (Original Responden ...

Court : House of Lords

Decided on : Mar-12-2008

Subject : Service Tax

of the scheme of VATA 1994. First, section 77A was added by section 18(1) and (4) of the Finance Act 2003 with effect from 10 April 2003. It enables the Commissioners, where a taxable supply of goods to which … under section 26. 14. Part IV VATA 1994, which is headed “Administration, Collection and Enforcement", is introduced by section 58, which provides that Schedule 11 shall have effect with respect to the administration, collection and enforcement of VAT.

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Mar 25 2015

M/S Wipro Limited Vs. The Deputy Commissioner of Income Tax

Court : Karnataka

Decided on : Mar-25-2015

Subject : Direct Taxation

of income tax in both the countries was sine qua non. However, by the amendment made by the Finance Act 2003, the benefit of granting the relief was extended to even in respect of income tax chargeable under the … under Sections 4 and 5 of the Act. Therefore, when an - 58 - assessee is having several undertakings, one of which falls under Section … …RESPONDENT (By Sri E.R.Indrakumar, Senior Counsel for Sri K.V.Aravind, Adv.) - 2 - This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising out of order dated 30.05.2008 passed in ITA No.468/BNG/2006, for the assessment year

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Aug 09 2010

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

Court : Mumbai

Decided on : Aug-09-2010

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) … the petitioner furnished bank guarantees for the amounts involved. The Commissioner (Appeals), vide his order dated 15th January, 2003, dismissed these appeals of the petitioner and upheld the orderinoriginal.4. Aggrieved by the orderinappeal, the petitioner invoked revisional … case of Iran National Airlines v. Union of India, 2006 (202) ELT 588 (Bom.) followed in North West Airlines v. Union of India, 2007 (214)

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Jan 23 2008

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

Court : House of Lords

Decided on : Jan-23-2008

Subject : Land Acquisition

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 … enacted to 31 March 1997, and taxpayers were given until 31 March 2003 to submit claims. Then, following the decision in the Grundig case, the … been suggested that it was not within the Commissioners’ general powers of care and management of VAT under section 58 of and Schedule 11 to VATA 1994. 41. The “transitional regime” announced by the Commissioners was a period

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Sep 13 2006

M.P. State Electricity Board Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-13-2006

Subject : Civil

Acts : Madhya Pradesh Reorganisation Act, 2000 - Sections 2, 37, 42, 43, 58, 58(1), 58(2), 58(3), 58(4), 58(5) and 75; Electricity (Supply) Act, 1948 - Sections 12; States Reorganisation Act, 1956; Constitution of India - Articles 14, 19 and 32; Electricity Act, 2003 - Sections 131; Road Transport Corporations Act, 1950; Warehousing Corporations Act, 1962; General Clauses Act - Sections 14; Imports and Exports Control Act

Reported in : JT2006(8)SC629; 2006(9)SCALE194; (2006)10SCC736

S.B. Sinha, J.1. Interpretation and application of Section 58 of the Madhya Pradesh Reorganisation Act, 2000 (for short 'the 2000 Act') arises for consideration in these writ … as per the impugned notifications dated 2.11.2004 & 4.11.2004 on the MPSEB finances are as under:Particulars MPEB After Bifurcation MPSEB CSEB Total Income 5,993.02 3,991.27 … and in particular in ignoring the provisions contained in the proviso appended to Section 131 of the Electricity Act, 2003.(iv) Apportionment of assets and liabilities pursuant to fixation of cut-off date as 15.11.2000 had caused serious prejudice to

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Aug 28 2009

Commissioner of Service Tax Vs. Delhi Gymkhana Club Ltd.

Court : Delhi

Decided on : Aug-28-2009

Subject : Service Tax

Acts : Central Excise Act, 1944 - Sections 35, 35D, 35E, 35E(5), 35G, 35H, 35L, 73, 75, 75A, 76, 77 and 78; Finance Act, 1994 - Sections 65, 66, 67 and 105; Central Excise Tariff Act, 1985; Additional Duties of Excise (Goods of Special Importance) Act, 1957; Additional Duties of Excise (Textiles and Textile Articles) Act, 1978; Finance Act, 1999; Finance Act, 2003; Customs Act - Sections 129D(5); Custom and Central Excise Laws (Amendment) Act, 1988; Service Tax (Determination of Value) Rules, 2006; Constitution of India - Articles 226 and 227

Reported in : (2009)226CTR(Del)384; [2009]19STJ87(Delhi); 2009[16]STR129; [2009]22STT343; (2009)25VST285(Delhi)

provided in this Act.7. Section 35G was introduced by the Finance Act, 1999 with effect from 11.5.1999 and Finance Act, 2003 with effect from 14.5.2003. We are concerned mainly with Sub-section (1) and (2) thereof, which read as under:35G.

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May 20 2024

Jalaludeen vs Commissioner of State Taxes

Court : Kerala

Decided on : May-20-2024

Subject : Land Acquisition

to various amendments carried out to the KVAT Act, 2003 through the Finance Acts issued from time to time, the respondent Commissioner of State Taxes … and the appellant was consequently served with a notice under Section 67(1) of the Kerala Value Added Tax Act, 2003 (hereinafter referred to as the 'KVAT Act, 2003') calling upon him to respond to the said anomaly. The … of law are seen raised for consideration: “(a) Whether the Commissioner has statutory mandate to exercise powers under Section 58 of the KVAT Act and to passorder impugned herein, post 01.04.2017 considering the factthat Annexure B order become

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Aug 17 2009

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Decided on : Aug-17-2009

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

(ii), (iii), (iv) and (v) above; andvii. the additional duty of excise leviable under Section 157 of the Finance Act, 2003 (32 of 2003), paid on any inputs or capital goods received in the factory on or after the … excise leviable under Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 ( 58 of 1957);v. the National Calamity Contingent duty leviable under Section 136 of the Finance Act, 2001 (14 of

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Sep 26 2014

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Decided on : Sep-26-2014

Subject : Education

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races … contention of revenue any further. 5.2. He would draw the attention of the Court to sub-section (4) of Section 58 which provision indicates about the amounts not deductable or in other words, restrictions with regard to computation of

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