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In the Matter Of: Kerala State Electricity Board Vydyuthi Bhavanam Vs. ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

the following issues are raised for consideration: (i) Disallowance of interest and Finance Charges; (ii) Disallowance of Depreciation claim by the Appellant; (iii) Disallowance of … relevant facts of the case are as follows. 3. The Appellant is a deemed licensee under the Electricity Act, 2003 in regard to various activities which require licenses under the said Act. After coming into force of the … due from the State Government to the Appellant as subsidy for maintaining 3% rate of return as per section 59 of the Electricity Supply Act 1948. In addition to the above, subsidy of Rs. 387.03 crores was due

Maharashtra State Electricity Board Vs. Maharashtra Electricity Regula ...

Court : Mumbai

Subject : Electricity

Acts : Electricity Regulatory Commission Act, 1998 - Sections 17(5), 27 and 29; Electricity (Supply) Act, 1948 - Sections 45, 49 and 59

Reported in : AIR2004Bom294; 2004(3)BomCR485

State is now bound to make good the loss by subsidy under Section 65 of the Electricity Supply Act, 2003. The Commission has recorded a finding of fact that both the appellant Board and consumers are responsible for … the powers under Section 15 of the ERC Act.iv) The Commission did not properly consider the provisions of Section 59 of the Electric Supply Act and the notification issued by the Government of Maharashtra in pursuance thereof providing … so approved that there would be no recovered revenue gap in the finances of the Board. In our opinion, there can be no doubt that

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

Court : Karnataka

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 … of Section 90 vis-à-vis Sections 4 and 5 held as under:- - 59 - “A survey of the aforesaid cases makes it clear that the … …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

Kwality Milk Foods Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2006)100ITD199(Chennai)

has constituted this Special Bench to consider the following question: Whether amendment in proviso to Section 43B by Finance Act, 2003 could be construed to be curative, as such retrospective in nature? 2. We have heard the rival submissions … case of Allied Motors (P.)Ltd v. CIT reversing Escorts Ltd. v. Union of India [l99l] 189 ITR 81 59 Taxman 160 (Delhi). In taking the above view, the Apex Court has approved the view taken in Jamshedpur

Siel Limited Vs. the Punjab State Electricity

Court : Appellate Tribunal for Electricity APTEL

Subject : MRTP

Reported in : (2006)LCAPTEL931

of the Electricity Regulatory Commissions Act, 1998 (for short Act of 1998). On 10^th June, 2003, the Electricity Act, 2003 (for short Act of 2003), came into force. By virtue of the first proviso to Section 82 of … Section 57; (q) the period within which information to be furnished by the Licensee under Sub-section (1) of Section 59; (r) the period within which the cross-subsidies shall be reduced and eliminated under Clause (g) of Section 61; … for the Board. (vi) Most of the State Governments have restructured the finances of the Boards for fixation of a fair Tariff and giving relief

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

Court : House of Lords

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 … concerned with taxpayers’ duties to keep records and the like, and the Commissioner’s powers to inspect etc. 149. Section 59(1) makes provision for a default surcharge where a taxable person fails to make a return on time or

Uma Polymers Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Sales Tax/VAT

Reported in : (2008)18VST213(Raj)

pertaining to interpretation of any clause of the Scheme of 2003 is required to be referred to the Finance Department of the State of Rajasthan.3. In the writ petition it is asserted that the petitioner company invested … period 2007-2008. The petitioner after filing the said application, received notice issued under Section 59 of the VAT Act 2003 calling upon the petitioner company to satisfy as to why the claim for the interest subsidy may not

Cit Vs. Sabari Enterprises

Court : Karnataka

Subject : Direct Taxation

Reported in : [2008]298ITR141(KAR); [2008]298ITR141(Karn)

was correct in holding that the amendment to Section 43B of the Act which had been introduced by Finance Act, 2003, w.e.f 1-4-2004 should be read retrospectively and should be understood as if Section 43B would not be applicable … supports the case of the assessees and also relevant paras extracted from Allied Motor's case (supra) and para 59 referred to supra in this judgment from the Finance Bill with all fours support the case of the

Vijayanand Roadlines Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

Reported in : (2006)(105)ECC437

interest and imposed penalty of Rs. 100/- per day under Section 76 of the Chapter V of the Finance Act, 1994. On appeal, they were not successful. The Commissioner (Appeals) held that the availment of credit in terms … service from 14.5.2003 to 31.3.2004. They had not utilized the credit for payment of service tax from May 2003 to November 2003, but had paid the entire service tax in cash. However, they utilized the accumulated Input

Azam Laminators (P) Ltd. Vs. the Secretary to Govt. and anr.

Court : Kerala

Subject : Sales Tax/VAT

Acts : Kerala Value Added Tax Act, 2003 - Sections 6, 6(1), 59(4), 94 and 94(2); Central Excise Tariff Act; Customs Tariff Act, 1975; Kerala Finance Act, 2006

Reported in : 2008(2)KLJ572

The High Court has failed to consider the effect of the omission of the figure '3808' by Kerala Finance Act, 2006. In our view, a vital aspect is lost sight of. In the present case, the High Court … is taxable at 4% under Entry No. 2 of the Third schedule to the Kerala Value Added Tax Act, 2003 (in short 'KVAT Act') or under entry 75(2) of S.R.O. No. 82 of 2006 attracting tax at 12.5%. … is taxed at 4%. They also produced the clarification issued under Section 59(4) of the Karnataka Value Added Tax Act, 2003 that the product is … tax at 12.5%. The Betel Nut Manufacturers' Association preferred an application under Section 94 of the KVAT Act before the Commissioner of Commercial Taxes seeking