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Gujarat Ambuja Cements Ltd. and anr. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : ConstitutionService Tax

Acts : Finance Act, 2000 - Sections 116 and 117; Finance Act, 2003 - Sections 158; Service Tax Rules, 1994 - Rules 2(1); Service Tax (Amendment) Rules, 1997; Finance Act, 1994 - Sections 64(3), 65, 65(5), 65(28), 65(41), 66, 66(3), 67, 68, 68(1), 69, 69(2), 69(5), 70, 70(1), 71, 71A, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Finance Act, 1997 - Sections 68(1A) and 84; Finance Act, 1998; Service Tax (Amendment) Rules, 1998; Motor Vehicles Act, 1988 - Sections 2; Constitution of India - Articles 14 and 246(1); Punjab Passengers and Goods Taxation Act, 1952 - Sections 3(3); Service Tax Act, 1994

Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200

the constitutional validity of Sections 116 and 117 of the Finance Act 2000 and Section 158 of the Finance Act, 2003 by which the decision of this Court in Laghu Udyog Bharati and Anr. v. Union of India and … furnish the prescribed return. Section 78 deals with the penalty for suppressing the value of taxable service and Section 79 for penalty for failure to comply with notices. No other section is required to be noted except Section

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

Subject : MRTP

policy and issue directions etc.); other enactments such as Airports Economic Regulatory Authority of India, 2008; The Electricity Act, 2003 (Section 79 and various sub-sections enabling determination of policy, the Tariff, Regulations of Tariffs, facilitation of inter-State transmission of electricity, … have been taken over by the National Company Law Appellate Tribunal (hereafter “NCLAT”) due to provisions of the Finance Act, 2017. Though by amendments, the petitioners have impugned provisions of the Finance Act nevertheless, they do not press

Ptc India Ltd. Vs Jaypee Karcham Hydro Corporation .

Court : Delhi

Subject : Land Acquisition

Rs. 7,080.38 crores. The respondent also sought final capital cost and/or tariff for the project in view of Section 79 (i) (b) r/w Section 185 of the Act.11 The prayers made by the respondent in the said petition … has to pay tariff on the capital cost and the means of finances as approved by CERC and determination of tariff was subject to approval … Pradesh to be developed by the respondent. The respondent is a generating company as defined in the Electricity Act, 2003.4. The appellant company has been granted license to trade in electricity by Central Electricity Regulatory Commission (hereinafter referred

Ptc India Limited Vs. Jaiprakash Power Ventures Ltd.

Court : Delhi

Subject : Land Acquisition

to the decision in Booz Allen and Hamilton Inc. v. SBI Home Finance Limited (2011) 5 SCC 53 it was submitted that disputes where rights … Karcham, the predecessor-in-interest of JPVL, a generating company within the meaning of Section 2 (28) of the Electricity Act, 2003 (‘EA’) was incorporated on 29th April 2002 for implementing the project comprising of four units of 250 MW … of the tariff in respect of the four categories of cases specified in Section 62(1) and not under Section 79(1)(a) and (b) and Section 86(1)(a) of the EA. It was held that the provisions of Section 79(1) (a)

Anil Soni Vs. Union of India and anr.

Court : Delhi

Subject : MRTP

Chief Justice of a High Court.” 11. The functions of the Central Electricity Regulatory Commission are enlisted in Section 79 of The Electricity Act, 2003 which reads as under:“79. Functions of Central Commission:(1) The Central Commission shall discharge … shown capacity in, dealing with, problems relating to engineering, law, economics, commerce, finance or, management and shall be appointed in the following manner, namely:(a) one … NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Interpretation of sub-Section 2 of Section 77 of The Electricity Act, 2003, falls for consideration in the two captioned petitions. Two additional issues, the first pertaining to Dr.R.K.Pachauri, alleged to

AllaIn Duhangan Hydro Power Limited Vs. Everest Power Private Limited ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Land Acquisition

Tax. v) (1987)1 SCC 424 Reserve Bank of India Vs. Peerless General Finance and Investment Co. Ltd. and Ors. vi) AIR 2006 BOM 213: Reliance … Duhangan – Nalagarh line is a inter-State line within the meaning of Section 2 (36)(ii) of the Electricity Act, 2003. 15.6 In view of the Appellant agreeing to evacuate the power of Malana II and other hydro projects … the Central Commission, the Appellant could not complain against the exercise of jurisdiction by the Central Commission under Section 79 of the Electricity Act. 12. The Ld. Counsel for the State Commission has also submitted that the matter

Coastal Andhra Power Limited Vs. Andhra Pradesh Central Power Distribu ...

Court : Delhi

Subject : Land Acquisition

the Petitioner CAPL was registered as a 100% subsidiary of the Power Finance Corporation (‘PFC’), a Public Sector Undertaking, as a Special Purpose Vehicle (‘SPV’) … the dispute concerned the powers of the State Electricity Regulatory Commission (‘SERC’) under Section 86 of the Electricity Act, 2003 (‘EA’). The said provision was held wide enough to cover such disputes. However, in the present case, the … terms of the judgment of the Supreme Court in GUVNL case the arbitration clause would stand superseded by Section 79(1)(f) of the EA. 14. It is next submitted that the law relating to staying of the enforcement of

Nhdc Limited (Ajv of Nhpc and Gomp) Vs. Central Electricity Regulatory ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Subject : Direct Taxation

fastened on the procurers but has to be absorbed by the Generators like the Appellant. (c) As per Section 79 (4) of the Electricity Act, 2003 the Central Commission can regulate tariff only in accordance with the policy … by entering into Long Term Loan Agreement dated 26.6.2008 with M/s. Power Finance Corporation w.e.f. 28.06.2008. 37. The Appellant in Form 13 furnished along with … Counsel for the R-2 raising the preliminary question has made the following submissions: œSection 94 of the Electricity Act, 2003 provides that the Appropriate Commission may entertain Review Petition and the powers of the Civil Court under Civil

Rakesh Kumar Agarwalla Vs. National Law School of India University, Be ...

Court : Supreme Court of India

Subject : Education

The Constitution Bench of this Court in the above case had occasion to consider various provisions of Electricity Act, 2003. Section 79 of the Act enumerated the functions of Central Commission whereas Section 178 empowers the Central Commission to make … and their appointment, powers, functions and other matters relating to them and all other matters relating to the finances, powers, teaching, administration and management of the affairs of the School shall, subject to the provisions of this

Zee Telefilms Ltd. and Star India Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2006)(110)ECC582

calculated by reference to the appropriate rate card.2.3 Extract of the relevant statutory provision of Chapter V of Finance Act, 1994 relating to advertising agency service, as they exist, at the material time are: advertising agency" means, any … 1944 provides that notwithstanding anything containing in the penal provisions of Section 76, Section 77, Section 78 and Section 79 no penalty shall be imposable on the assessee for any failure referred to in the said provisions if