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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)

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 … the benefit of such incentives in view of the provisions of Sections 84 and 85 of the Bihar Re-organization Act, 2000. Hon'ble Supreme Court also

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Nov 25 2004

iris Electronics (India) Pvt. Ltd. Vs. State of Jharkhand Through the ...

Court : Jharkhand

Decided on : Nov-25-2004

Subject : Sales TaxConstitution

Acts : Bihar Reorganization Act, 2000 - Sections 84 and 85

Reported in : 2005(1)BLJR581; [2005(1)JCR130(Jhr)]

Matched in: Citation 2005(1)BLJR581; [2005(1)JCR130(Jhr)]

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Feb 19 2009

Great Galleon Limited and ors. Vs. the Union of India (Uoi) and anr.

Court : Madhya Pradesh

Decided on : Feb-19-2009

Subject : Civil

Reported in : 2009(3)MPHT356

manufacturing activity and is not covered by 'packaging activity' as defined in Section 65 (76 g) of the Finance Act, 2005 read with definition of 'taxable service' in Section 65 (105) (zzzf) of the Service Tax Act.(2) Whether the … which the excise duty and service tax are levied by the Union Legislature and the State Legislature.Under Entry 84 of List I of Seventh Schedule of the Constitution, duties of excise can be levied by Parliament on

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Apr 12 2018

State of Gujarat Vs. Utility Users Welfare Association Through Its Pre ...

Court : Supreme Court of India

Decided on : Apr-12-2018

Subject : Land Acquisition

provisions, which will have to be referred to are being reproduced hereunder: finance, commerce, “Section 84. Qualifications for appointment of Chairperson and Members of State … (MJ-II). The said judgment dealt with the creation of the National Tax Tribunal under the National Tax Tribunal Act, 2005. The constitution of the Tribunal was held to 4 supra 5 (2014) 10 SCC1Page 23 of 84 be … the said Act).10. Section 82 of the said Act is in respect of constitution of State Commission while Section 84 prescribes the qualifications for appointment of Chairperson and Members of State Commissions. Section 85 of the said Act

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Mar 27 2006

Narang Plastics Pvt Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Mar-27-2006

Subject : Service Tax

of the cases where separate accounts are maintained and credit has been reversed. It is also clarified that Finance Act, 2005, under Sub-section (1) of Section 84 which amends Sub-section (1) of Section 5A of the Central Excise Act,

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Apr 16 2010

The Chief Commissioner Large Tax Payers Unit Vs. Tnt India Pvt. Ltd.

Court : Karnataka

Decided on : Apr-16-2010

Subject : Direct TaxationOther Taxes

Acts : Finance Act, 1994 - Sections 65, 65(105), 65(121), 65(125), 70, 70(2), 73, 74, 83, 83A, 84, 84(2) or 85, 86, 86(1) and 86(1)(1A)(2); ; Central Excise Act, 1944 - Sections 2 and 37B; ; Right to Information Act (RTI); ; Central Boards of Revenue Act, 1963

Section 86 even when the said letter/order is not passed under Sections 73, 83A, 84 or 85 of Finance Act, 1994?4.2 Whether 'International Freight'' activity of the assessee fall under entry in Section 65(105)(f) of Finance Act, 1994 … month of December, 2004, the ST.3 returns pertaining to hat period would have been filed by 25th April, 2005 and accordingly the date of expiry for issuance of SCN under Section 73 of the Act falls on

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Jul 26 2007

Commissioner of Service Tax Vs. Lumax Samlip Industries Ltd. and Custo ...

Court : Chennai

Decided on : Jul-26-2007

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35G; Finance Act, 1994 - Sections 83, 84, 85, 86, 86(1), 86(2) and 86(2A)

Reported in : (2007)212CTR(Mad)62; 2007(121)ECC259; 2007LC259(Madras); 2007[8]STR113; (2007)8VST791(Mad)

appeal is filed under Section 35G of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994 by formulating the following Substantial Questions of law for consideration.i) Whether statutory powers of Commissioner to file … an appeal against the order in Appeal Nos. 8 and 9 of 2005, dated 28.3.2005 passed by the Commissioner of Central Excise (Appeals), Chennai non-suiting … to Appellate Tribunal- (1) Any assessee aggrieved by an order passed by a [Commissioner] of Central Excise under Section 84, or an order passed by a [Commissioner] of Central Excise (Appeals) under Section 85, may appeal to the

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Jun 26 2013

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

Decided on : Jun-26-2013

Subject : Land Acquisition

Declaration, or any other appropriate writ, order or direction under Article 226 declaring that Section 65(105)(zzzzt) of the Finance Act, 1994 as amended by Finance Act, 2010 unconstitutional and ultra vires, Article 246 of the Constitution of India … boats under Entry 58 List II or on a taxable event such as manufacture of goods under Entry 84 of List I, import or export of goods under Entry 83 of List I, entry of goods under

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Aug 14 2006

Sap India Systems, Applications Vs. the Commissioner of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Aug-14-2006

Subject : Service Tax

Reported in : (2007)(114)ECC83

as "Management Consultant" for the period from 16.10.1998 to 31.03.2000 under the provisions of Section 73 of the Finance Act, 1944. The Commissioner has given very detailed findings to hold that the appellant rendered indeed services as 'Management … JCDR, for the Revenue.4. The learned Advocate brought to our notice that the purported power of Review under Section 84 exercised by the Commissioner is entirely without jurisdiction and without authority of law as the Review proceedings are

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Jun 27 2007

First Securities Pvt. Ltd. Vs. Commr. of Service Tax

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Decided on : Jun-27-2007

Subject : Service Tax

Reported in : (2008)12STJ201CESTAT(Bang.)alore

penalty of Rs. 100/- per day under Section 76 and further penalty Rs. 25,000 under Section 78 of Finance Act, 1994.The appellants approached the Commissioner (Appeals). The Commissioner (Appeals) upheld the Order-in-Original. The appellants filed stay petition and … duty and imposing penalty of Rs. 25,000/- on the appellants was passed on 23-9-2004. In terms of Section 84(4) of the Finance Act, the Commissioner of Central Excise is precluded from reviewing the order passed by the

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