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Dharam Pal Satya Pal Ltd. and anr. Vs. the Commissioner, Value Added T ...
Delhi
Sep-02-2011
Value Added Tax
Delhi Value Added Tax Act, 2004 - Sections 74A, 106; Constitution of India - Article 226; General Clauses Act - Section 6
admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the Finance Act and the Income Tax Act. Both the quantum of tax payable and its mode of recovery are authorized … in respect of orders passed under the DVAT Act from 1st April, 2005 but definitely it does not confer power upon the Commissioner to initiate … Taxes, New Delhi [2008] 16 VST 361 (Delhi) and also regard being had to the terms employed under Section 106 of the DVAT Act which deals with repeal and savings, a suo motu revisional power could not have
Tag this Judgment! AI Brief & AskHafiz Noorbux (Dead) Through L.Rs. Abdul Rahoof Alias Waqar Qureshi an ...
Madhya Pradesh
Oct-30-2007
Civil
2008(2)MPHT215; 2008(1)MPLJ300
and bottling of liquor whether amounts to manufacture within meaning of Section 2(f) of Central Excise Act 1944? Finance Act 932 of 1994), Section 65 (76 b) (as amended on 16.6.2005) - Held, The first limb of the … the cause of justice, the application was allowed, which is contrary to the provisions of Rules 105 and 106 of the Order 21 of the Civil Procedure Code (for short 'the Code').6. Shri K.N. Gupta, learned Senior
Tag this Judgment! AI Brief & AskN.P. Jharia Vs. State of M.P.
Madhya Pradesh
Feb-24-2001
Criminal
Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2); Anti-Corruption Laws (Amendment) Act, 1964; Evidence Act - Sections 106; ;Prevention of Corruption (Amendment) Act, 1988 - Sections 13(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 21
2001(5)MPHT416; 2001(2)MPLJ588
and bottling of liquor whether amounts to manufacture within meaning of Section 2(f) of Central Excise Act 1944? Finance Act 932 of 1994), Section 65 (76 b) (as amended on 16.6.2005) - Held, The first limb of the … the burden on certain aspects on the accused as well and particularly in matters 'specially within his knowledge'. (Section 106 of the Evidence Act.) Adroitly as observed in Swamy case (at p. 469) and reiterated in Wasudeo case
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The Commissioner of Income-tax Vs. A.K. Khosla
Chennai
Apr-27-2010
Direct Taxation
Income Tax Act, 1961 - Sections 10, 14, 15, 16, 17, 17(1), 17(2), 17(3), 143(1), 143(3), 147 and 148; ;Indian Income Tax Act, 1922 - Section 7(1); ;Income Tax Rules - Rule 3; ;Finance Act, 1999 - Section 17(2); ;Finance Act, 2001; ;Finance Act, 2002 - Section 271; ;Securities Contracts (Regulation) Act, 1956 - Section 2; ;Constitution of India - Article 20(1)
is answered accordingly.Further, this Court also considered the new provision of Section 17(3)(ii), which was inserted by the Finance Act, 2002 and held that the amendment is only prospective in nature and not retrospective and in paragraph 22, … by the revenue. Notes on clauses explaining various provisions containing the details reported in : (2001) 248 ITR 106 page 118 Statutes deals with sub Clause (b) of Clause 13, which reads as follows:Sub Clause(b) seeks to
Tag this Judgment! AI Brief & AskTest Claimants in the Franked Investment Income Group Litigation Vs. C ...
UK Supreme Court
May-23-2012
Land Acquisition
such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … . . ." 108. The Court of Appeal gave judgment in DMG, reversing Park J, on 4 February 2005: [2006] Ch 243. Mr Aaronson described the Court of Appeal's decision as a "bump in the road", suggesting … those appeals was, at the time, impossible to predict with any confidence." 106. The BAT group started its proceedings on 18 June 2003, a month
Tag this Judgment! AI Brief & AskUnion Of India Vs. M/s Indian Oil Corporation Ltd
Supreme Court of India
Mar-21-2024
Land Acquisition
Claims Tribunal shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the … had booked various consignments of furnace oil between the years 2002 & 2005 via railway from Baad to Hisar route. Civil Appeal No(s). 1891-1966 of … 1 of 95 F. ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Scope of Section 106 of the Railways Act, 1989 ........................................ 29 a. What is meant by an “Overcharge”?. ....................................................... 35 b. Concept
Tag this Judgment! AI Brief & AskTata Steel Limited and ors. Vs. State of Jharkhand and ors.
Jharkhand
Jun-13-2008
Sales Tax/VAT
[2008(3)JCR365(Jhr)]
2007. Immediately thereafter, in order to give effect to the amended provisions, a notification was issued by the Finance Department vide S.O. No. 48 dated 29.8.2008 describing the procedure for levy and collection of tax on import … these writ petitions, the petitioners have challenged the vires of Section 11 of the Jharkhand Value Added Tax Act, 2005 as ultra vires and violative of Article 301 read with Article 304(a) of the Constitution of India since
Tag this Judgment! AI Brief & AskNikesh Tarachand Shah Vs. Union of India
Supreme Court of India
Nov-23-2017
Land Acquisition
two Parts so that the provision of monetary threshold does not apply to the offences.” 23. By the Finance Act of 2015, by Section 145, the limit of Rs.30 lakhs in Section 2(y) was raised to Rs.1 crore … concerned. When the Act was finally enacted in 2002 and notified in 2005, this scheme changed radically. Now, both the offence of money laundering and … object of the Act and he cited a number of judgments for this proposition. He referred us to Section 106 of the Indian Evidence Act, 1872 and argued that when read with Section 24 of the 2002 Act,
Tag this Judgment! AI Brief & AskM/s K.p.mozika Vs. Oil And Natural Gas Corporation Ltd.
Supreme Court of India
Jan-09-2024
Land Acquisition
VAT Act are not applicable, the transactions will be subject to service tax under Section 65(105)(zzzzj) of the Finance Act, 1994 (for short, ‘the Finance Act’). On facts, he pointed out that the agreement subject matter of Civil … constitute deemed sales within the meaning of Section 2(43)(iv) of the VAT Act with effect from 1st May 2005. He submitted that if the said provisions of the VAT Act are not applicable, the transactions will be … Rashtriya Ispat Nigam Ltd.6 for dealing with the issue of 9 (1997) 106 STC540= 1997 SCC online All 1381 10 (2008) 2 SCC614Civil Appeal No.3548
Tag this Judgment! AI Brief & AskOrix Auto Infrastructure Services Ltd. Vs. Commissioner, Dvat, Delhi a ...
Delhi
Feb-05-2015
Land Acquisition
day of April, 2005 shall continue to have effect as if this Act has not been passed.” 10. Section 106 is a repeal and a savings clause. As already noticed above, the Act repeals four earlier enactments by … placed upon the decision of the Supreme Court in M/s 20th Century Finance Corporation Limited and Another versus State of Maharashtra, (2000) 119 STC182 Union … Section 105 of the Act. To the extent the right to use goods was exercised before 31st March, 2005, Section 3 of the Act would not be applicable. Perceptibly, the extent of right to use goods exercised before
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