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Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Subject : Excise

Finance Act, 2003 (32 of 2003); xxxxxxxxxxxx (xi) the additional duty of excise leviable under section 85 of Finance Act, 2005 (18 of 2005 ) paid on- (i) any input or capital goods received in the factory of manufacture

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

Court : Jharkhand

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of the grounds of challenge, all these writ petitions were … State of Jharkhand till such times as it is modified, repealed or altered in the manner prescribed by Section 85 of the Bihar Reorganization Act, 2000.19. It is, thus, established that there has been a valid promise for

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

Court : Supreme Court of India

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 … of State Commission while Section 84 prescribes the qualifications for appointment of Chairperson and Members of State Commissions. Section 85 of the said Act provides for constitution of Selection Committee to select Members of State Commission and Section

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

Subject : Land Acquisition

Finance Act, 2005, additional duty of excise paid on p;an masala is by way of a surcharge under section 85. Notably, Article 270 clarifies that it does not apply to any surcharge covered by Article 271 of the … entries in Chapter 24 of the 1985 Act, pan masala may or may not contain tobacco. 32. The Finance Act, 2005 (18 of 2005) substituted the First Schedule to the ADE Act with a new First Schedule that did

Surbhi Industries Vs. Commissioner of Customs and

Court : Authority for Advance Rulings

Subject : Excise

Reported in : (2007)(208)ELT578AAR

goods under the Act or any other law for the time being in force and Sub-section (1) of Section 85 of Finance Act, 2005 which is a charging section says that an additional duty by surcharge is levied … 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

Shri Himanshu Gupta vs the Commissioner of Central Excise

Court : Delhi

Subject : Service Tax

two lacs ten thousand six hundred twenty five), Addl. Duty of Excise leviable under Section 85 of the Finance Act, 2005 amounting to-Rs. 51,87,625/- (Fifty one lacs eighty seven thousand six hundred twenty five), National Calamity Contingent Duty leviable

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

Court : Karnataka

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

National Joint Committee for Steel Industry vs R.K. Mishra and Anr.

Court : Delhi

Subject : Right to Information

of orders dated 24.12.2012 and 29.01.2016passed by the Central Information Commission (hereinafter “CIC”) under the Right to Information Act, 2005 (hereinafter “RTI Act, 2005”), relating to disclosure of information concerning the National Joint Committee for Steel Industry (hereinafter … Cooperative Bank Ltd. v. State of Kerala1 to contend that burden to establish that a body is substantially financed16:10:21 5 KUMAR KAURAV or controlled by the Government lies upon the applicant seeking information.12. Per contra, learned counsel … has been held to be a “public authority” within the meaning of Section 2(h) of the RTI, Act 2005.3. W.P.(C) 6512/2016 has been preferred by

Steel Authority of India Ltd vs Sh.R.K.Mishra

Court : Delhi

Subject : Right to Information

of orders dated 24.12.2012 and 29.01.2016passed by the Central Information Commission (hereinafter “CIC”) under the Right to Information Act, 2005 (hereinafter “RTI Act, 2005”), relating to disclosure of information concerning the National Joint Committee for Steel Industry (hereinafter … Cooperative Bank Ltd. v. State of Kerala1 to contend that burden to establish that a body is substantially financed16:10:21 5 KUMAR KAURAV or controlled by the Government lies upon the applicant seeking information.12. Per contra, learned counsel … has been held to be a “public authority” within the meaning of Section 2(h) of the RTI, Act 2005.3. W.P.(C) 6512/2016 has been preferred by

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

Court : Chennai

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 … of Central Excise under Section 84, or an order passed by a [Commissioner] of Central Excise (Appeals) under Section 85, may appeal to the Appellate Tribunal against such order.[(2) The Board may, if it objects to any order