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Jan 18 2007

Tata Steel Ltd. and ors. Vs. the State of Jharkhand and ors.

Court : Jharkhand

Decided on : Jan-18-2007

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 7, 7(2), 7(3), 22, 46 and 46(4); Central Sales Tax Act, 1956 - Sections 8(5); Jharkhand Value Added Tax Act, 2005 - Sections 15, 16, 17, 18, 95, 95(3) and 96(3); Bihar Sales Tax Act, 1981; Bihar Reorganization Act, 2000 - Sections 84 and 85; Orissa Sales Tax Act - Sections 6; State General Sales Tax Act; General Clauses Act - Sections 21; Central Sales Tax (Bihar) Rules, 1956; Constitution of India - Articles 14, 19(1), 299, 301 and 304

Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)

approximately Rs. 2000 Crores.In the meantime, petitioner received an order dated 22ndFebruary, 2000, issued under Sub-section (4) of Section 46 of the Bihar Finance Act, staying exemption certificate dated 21stDecember, 2000. This order became subject matter of challenge … challenge is made to Notification No. S.O.201 dated 30th March, 2006, issued under Section 7(3)(b) of' the Bihar Finance Act, 1981, whereby and whereunder, Notification Nos. S.O.478 dated 22nd December, 1995, S.O.57 dated 2nd March, 2000, S.O.479 dated … notifications, constitutional validity of the provisions of Section 95(3)(ii) and Section 96(3) of the Jharkhand Value Added Tax Act, 2005 is also questioned. In view of the commonality of the grounds of challenge, all these writ petitions were

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Mar 12 2008

Prof. V.S.S. Sastry Vs. the Ministry of Human Resource Development, Go ...

Court : Andhra Pradesh

Decided on : Mar-12-2008

Subject : Constitution

Acts : English and Foreign Languages University Act, 2006 - Sections 2, 3(2), 3(3), 4, 6, 9, 10, 11, 12(1), 12(2), 13, 13A, 21, 29(1), 46 and 47; Hyderabad Societies Registration Act, 1350 Fasli; University Grants Commission Act, 1956 - Sections 3, 3(1) and 3(3); Rajiv Gandhi University Act, 2006; General Clauses Act, 1897 - Sections 3, 4 and 22; Osmania University Act, 1959; Osmania University (Amendment) Act, 1966; Preventive Detention Act, 1950; Preventive Detention (Amendment) Act 1952; Preventive Detention (Second Amendment) Act, 1952; Rajasthan General Clauses Act, 1955 - Sections 24; Rajasthan Service Rules, 1951 - Rule 56; Constitution of India - Articles 14, 16, 19, 19(1), 21 and 371(E)

Reported in : 2008(4)ALD315; 2008(4)ALT240

Central Government to represent the Ministry of Education; Nominee of the Central Government to represent the Ministry of Finance; Representative of the Central Advisory Board of Education nominated by the Central Government; Vice-Chancellor of Osmania University, Hyderabad … the date of receipt of the order.3. Writ Appeal No. 202 of 2005 filed against the said judgment was dismissed by a Division Bench of … ORDERC.V. Nagarjuna Reddy, J.1. In this Writ Petition, the petitioner sought for invalidation of Section 46(a) of the English and Foreign Languages University Act, 2006 (for short 'the Act') as being arbitrary, illegal and

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Aug 18 2020

Centre for Public Interest Litigation Vs. Union of India

Court : Supreme Court of India

Decided on : Aug-18-2020

Subject : Land Acquisition

the parties. Chapter IX of the Disaster Management Act, 2005 deals with Finance, Accounts and Audit. Section 46 provides for National Disaster Response Fund. Section … disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.” 4. The Disaster Management Act, 2005 (hereinafter referred to as “Act, 2005”) was enacted to provide for the effective management of disasters and matters … to utilize NDRF for the purpose of providing assistance in the fight against GOVID-19 pandemic in compliance with Section 46 of the DM Act, all the contributions/grants from individuals and institutions shall be credited to the NDRF in

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Aug 10 2011

State of Jharkhand and ors.Etc. Vs Ms Shivam Coke Industries, Dhanbad, ...

Court : Supreme Court of India

Decided on : Aug-10-2011

Subject : Sales Tax

Acts : Central Sales Tax Act, 1956 - Section 3(a); Bihar Finance Act, 1981 - Section 46(4); Bihar Finance (Amendment) Ordinance, 1989, - Section 7; Limitation Act, 1963. - Article 137

Shivam Coke Industries, Dhanbad is a manufacturer of coal and was registered under the provisions of the Bihar Finance Act, 1981 [now repealed - for short & BFT Act, 1981 ] and presently under the provisions of Jharkhand … 1981 ] and presently under the provisions of Jharkhand Value Added Tax, 2005. Respondent-assessee being manufacturers of hard coke buys coal from Bharat Coking Coal … Commissioner of Commercial Taxes (Administration), Dhanbad Division, Dhanbad [Appellant No. 4] then initiated the proceeding suo motu under Section 46(4) of the adopted Bihar Finance Act, 1981 [now repealed] and issued notice/Memo No. 744 dated 1.8.2007 directing the

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Jun 30 2021

Gaurav Kumar Bansal Vs. Union Of India

Court : Supreme Court of India

Decided on : Jun-30-2021

Subject : Land Acquisition

the context of an ‘Ex-Gratia’ payment, Section 12 of Disaster Management Act, 2005 needs to be read with section 46, wherein sub-section 46(2) reads as under: “The National Disaster Response Fund shall be made available to the National … Covid-19 as “Notified Disaster”. 4.2 It is submitted that even the XVth Finance Commission’s Report which is prepared after Covid-19 Pandemic suggests that the Central … deceased who have succumbed to the pandemic of Covid-19, in view of Section 12 of the Disaster Management Act, 2005 (hereinafter referred to as ‘DMA2005). It is also further prayed for an appropriate direction to the respondents -

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Dec 20 2007

Shree Jagdamba Coke Industries (P) Ltd. Vs. the State of Jharkhand and ...

Court : Jharkhand

Decided on : Dec-20-2007

Subject : Sales Tax/VAT

Reported in : [2008(1)JCR572(Jhr)]

Commercial Taxes (Administration), Dhanbad Division, Dhanbad initiating a suo motu revision proceeding under Section 46(4) of the Bihar Finance Act, 1981 for revising the revised assessment orders passed under the Central Sales Tax Act for the years 1981-82

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Nov 13 2013

G.D. Builders Vs. Uoi and anr.

Court : Delhi

Decided on : Nov-13-2013

Subject : Service Tax

but does not include road, airport, railway, transport terminal, bridge, tunnel, long distance pipeline and dam;‖ 4. By Finance Act 2005 service tax was imposed under Section 65(105)(zzq) on any service provided or to be provided, to any person … Anand and Mr. Ashish Virmani for UOI/R-1. Ms. Sonia Sharma, Sr. Standing Counsel for respondent No.2. + W.P.(C) 4658/2008 VIPUL LIMITED ..... Petitioner Through Mr. J.K. Mittal, Mr. Varun Prabhakar & Mr. Varun Gaba, Advocates. versus UOI

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May 11 2011

Commissioners for Her Majesty's Revenue and Customs (Appellant) Vs. To ...

Court : UK Supreme Court

Decided on : May-11-2011

Subject : MRTP

as "the most fundamental reform of personal tax administration for 50 years"). The changes were introduced by the Finance Act 1994 ("FA 1994") and took effect, for income tax and capital gains tax purposes, in 1996-97. Further amendments … facts are not materially different in relation to LLP1. On 30 June 2005 HMRC issued a notice of enquiry in relation to LLP2's partnership return. … small enterprise, (c) it is expenditure on information and communications technology, and (d) it is not excluded by section 46 (general exclusions) or subsection (4) below. (2) 'Expenditure on information and communications technology' means expenditure on items within

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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)

Matched in: Citation 2005(103)ECC152; 2005(186)ELT3(Raj)

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May 13 2016

Swaraj Abhiyan Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : May-13-2016

Subject : Land Acquisition

transparent so that there is no allegation of corruption.7. In response, the Union of India submits that under Section 46 of the Disaster Management Act, 2005, the Central Government has constituted a National Disaster Response Fund (NDRF) for … drought-like conditions.2. In this judgment we deal with the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and the Mahatma Gandhi National Rural Employment Guarantee Scheme framed under the provisions of Section 4 of the … the State Government.” 17. In matters involving financial issues and prioritization of finances, this Court should defer to the priorities determined by the State, unless

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