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May 07 2009

The Commissioner of Income Tax-9 Vs. Ajanta Pharma Ltd.

Court : Mumbai

Decided on : May-07-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 10A, 10B, 15JB, 80HHC, 80 HHC(1), 80 HHC(1A), 80 HHC(1B), 80HHC(3), 80HHC(3A), 80HHC(4), 80HHC(4A), 80HHC(10), 80HHD, 80HHD(3), 80HHG, 80HHE, 80HHF, 115(JB), 115J, 115J(2), 115JA, 115JA(1), 115JA(2), 115JB, 115JB(2), 115JD and 2888(2); Finance Act, 1996; Finance Act, 1997; Finance Act, 2000; Finance Act, 1987; Direct Tax Laws Amendment Act, 1989; Companies Act, 1956

Reported in : 2009(111)BomLR1905; (2009)223CTR(Bom)441; [2009]318ITR252(Bom); [2009]180TAXMAN494(Bom)

80 HHC as contended on behalf of the assessee. Section 80 HHC Sub-section 1B was introduced by the Finance Act with effect from 1.4.2001 so as to phase out the deduction completely by assessment year 2005- 06. Section … be, of that section, and subject to the condition specified in sub sections (4) and (4A) of that section. 10. Section 115JB was inserted by Finance Act, 2000 w.e.f. 1.4.2001. It contained (iv) to the Explanation. We have

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Dec 19 2005

Pan Polymers Vs. State of Kerala

Court : Kerala

Decided on : Dec-19-2005

Subject : Sales Tax

Acts : Kerala Finance Act, 2005; Kerala Surcharge on Tax Act, 1957; Kerala General Sales Tax Act, 1963 - Sections 10, 10(1) and 10(3); Kerala Value Added Tax (Amendment) Act, 2005 - Sections 3, 11, 32, 32(1) and 98

Reported in : 2006(2)KLT329

into and for easy reference Section 32 of the said Act which now stands amended by the Kerala Finance Act, 2005 is extracted hereunder:32. Deferment of tax payable by Industrial Units: - (1) Where the Government had granted any … on the sale of their products for a period of seven years under Notification SRO 1729/1993 issued under, Section 10 of the Kerala General Sales Tax Act (hereinafter called ('the KGST Act'). The petitioners have been enjoying sales

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Oct 05 2012

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Decided on : Oct-05-2012

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … not depend on the number of arbitrators specified therein. The number of arbitrators is dealt with separately in Section 10 which is a part of machinery provision for the working of the arbitration agreement. It is, therefore clear … in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the … the authoritative pronouncement of the Apex Court in the Judgment reported in 2005(7) SCC 234 in the matter of Shin-Etsu Chemical Co. Ltd. and Ors.

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Mar 20 2008

Maa Sharda Wine Traders Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Mar-20-2008

Subject : Excise

Reported in : AIR2009MP207; 2009(3)MPHT304; 2009[15]STR3; [2009]22STT105; (2009)22VST170(MP); 2009(5)AIRKarR498

constitutional validity of Section 65(76b) of the Finance Act, 1994 (for short, 'the Act') as amended by the Finance Act, 2005 was challenged primarily and principally on the ground that there is lack of legislative competence on the part

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Dec 05 2006

Surbhi Industries Vs. Commissioner of Customs and

Court : Authority for Advance Rulings

Decided on : Dec-05-2006

Subject : Excise

Reported in : (2007)(208)ELT578AAR

Contingent Duty (NCCD) @ 23% (levied under the Finance Act, 2001), Additional Duty (AED) @ 5.5% (levied under Finance Act, 2005) and Education Cess (EC) @ 2% of aggregate of all duties (levied under Finance(No. 2) Act, 2004). Notification … Part III of the First Schedule to the Finance Act, 1965 (Act 10 to 1965)? Whether on the facts and in the circumstances of the … 1. In this application under Section 23C of the Central Excise Act, 1944 (for short "the CE Act"), the applicant, M/s Surbhi Industries, a

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Dec 06 2019

M/S T T K Prestige Ltd Vs. The Union of India Reptd by Its Finance Sec ...

Court : Karnataka

Decided on : Dec-06-2019

Subject : MRTP

PRAYING TO STRIKE DOWN THE PROVISIONS OF CHAPTER XII-H INSERTED IN THE INCOME TAX ACT, 1961 BY THE FINANCE ACT, 2005 WITH EFFECT FROM14.2005 AS OFFENDING THE PROVISIONS OF ARTICLE14OF THE CONSTITUTION OF INDIA AND AS BEING BEYOND THE … incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under Section 12AA; (iv) a local authority; and (v) every artificial juridical person, not falling within

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Nov 13 2019

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Decided on : Nov-13-2019

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … vs. Union of India (2014)17, whilst striking down the newly-created National Tax Tribunal under the National Tax Tribunals Act, 2005, it was observed that procedure of appointment and conditions of service of members must be akin to judges … and Enforcement Act, 2007’ prepared by the Ministry of Justice, British Parliament. 10 II. Canada 23. The Tribunal system in Canada, although of recent origin, … petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and

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Jul 16 2013

M/S Integrated Finance Co.Ltd. Vs. Reserve Bank of India Etc.Etc.

Court : Supreme Court of India

Decided on : Jul-16-2013

Subject : Land Acquisition

INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.5505-5508 OF 201.[Arising out of SLP (C) NO.12737-12740 OF 2008]. M/s. Integrated Finance Co. Ltd. ...Appellant VERSUS Reserve Bank of India Etc. Etc. ...Respondents JUDGMENT SURINDER SINGH NIJJAR,J.1. Leave granted.2. I.A. … Company Petition No.160 of 2005 was filed by the appellant company herein under Section 391 of the Companies Act, 1956 (hereinafter referred to as “the Companies Act”), seeking approval for the scheme of arrangement/compromise dated 10th August, … as “the Companies Act”), seeking approval for the scheme of arrangement/compromise dated 10th August, 2005. The said agreement was entered into between the appellant company

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Oct 27 2005

State of Kerala Vs. George Jacob

Court : Kerala

Decided on : Oct-27-2005

Subject : Civil

Acts : Kerala Finance Act, 2005; ;Kerala Stamp Act, 1959 - Sections 2, 2(12), 3, 9, 17, 27, 33, 35, 40, 60 and 64 ;Registration Act, 1908 - Sections 23, 25, 31, 32, 35, 47, 49, 61, 74, 88 and 89; ;Transfer of Property Act, 1882 - Sections 53A, 54 and 59; ;Code of Civil Procedure (CPC) - Sections 64 - Order 38, Rule 10; ;Transfer of Property (Amendment) Supplementary Act, 1929 - Sections 10; ;Theft Act, 1968 - Sections 20(2); ;Indian Stamp Act, 1899 - Sections 2(14) and 2(17); ;Government of India Act, 1935 - Sections 175(3)

Reported in : AIR2006Ker111; 2005(4)KLT709

Matched in: Citation AIR2006Ker111; 2005(4)KLT709

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Dec 09 2011

M/S. N.P. Thomas Vs. Represented Kerala and Another

Court : Kerala

Decided on : Dec-09-2011

Subject : Service Tax

under the Kerala Provisional Collection of Revenues Act, 1985, the Government introduced Section 17B to the Act through Finance Act, 2005, which is as follows:- "17B. Special provision for completion of assessment:- Notwithstanding anything contained in this Act, a … that from 01/04/2004 onwards first sellers of cement in Kerala were liable to collect and remit tax at 10% and last sellers at the rate of 5% on their sales. However, when Finance Act, 2004 was passed

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