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Oct 11 2006

Bharat Sanchar Nigam Ltd. Vs. State of Bihar and ors.

Court : Patna

Decided on : Oct-11-2006

Subject : Sales Tax

Acts : Bihar Finance Act, 1981 - Sections 25; Value Added Tax Act, 2005 - Sections 39 and 41(1)

Taxes, Patliputra Circle, Patna, imposed on it the penalty of Rs. 3,50,37,414.82 under Section 25(ka) of the Bihar Finance Act, 1981 and Section 41(1) of the Value Added Tax Act, 2005. He gave a notice to the petitioner

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Aug 09 2010

M/S.Malaysian Airlines. M/S.Saudi Arabian Airlines. and ors Vs. the Un ...

Court : Mumbai

Decided on : Aug-09-2010

Subject : Service Tax

Acts : Constitution Of India - Article 226

of the Finance Act, 1979 in particular engrafted in sections 33 to 41. In their submission, subsection (1) of section 35 is a charging section … under Article 226 of the Constitution of India are challenging imposition of penalty under section 38(3) of the Finance Act, 1979 ("Finance Act" or "Act" for short) for delay in payment of Foreign Travel Tax ("FTT" for short) … said order petitioner filed revision application before respondent No.4. The respondent No.4 vide his order dated 31st July, 2006 upheld the imposition of penalty of Rs.11,71,100/ as imposed by respondent No.2 on the basis of retrospective effect

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Apr 22 2013

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Decided on : Apr-22-2013

Subject : Land Acquisition

to the AAIFR, the reference was directed to be registered. In November 2006, BIFR overruled the objections of the Bank and declared the Company to … (Regulation) Act, 1956, and (iii) The Sick Industrial Companies (Special Provisions) Act, 1985. It is, by virtue of Section 41 of the Securitisation Act, 2002, read with the Schedule thereto that two provisos were inserted under the already … after independence. But, even at that time, the Parliament was conscious of the fact that recovery of amounts financed by State Financial Corporations to industries, may pose difficulties, if the Financial Corporations are also required to follow

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Jun 09 2009

Madras Hire Purchase Association Vs. Union of India (Uoi)

Court : Chennai

Decided on : Jun-09-2009

Subject : Service Tax

Acts : Finance (Amendment) Act, 1994 - Sections 65, 65(12), 65(14), 65(105) and 66; Companies Act, 1956 - Sections 2; Constitution (Eighty-eighth Amendment) Act, 2003; Finance Act, 2000 - Sections 116 and 117; Finance Act, 2001 - Sections 137; Sale of Goods Act, 1930; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 265, 268A and 366(29A)

Reported in : [2009]21STT355

268A are introduced giving authority of the Parliament to legislate on service tax; that Section 65(12) of the Finance Act, 1994 defines 'Banking and other financial services' as 'financial leasing services including equipment leasing and hire-purchases'. The learned … above writ petitions Le., W.P. Nos. 14905, 15327, 15328, 15559 and 15560 of 2001 are identical, W.A. No. 4119 of 2003 was filed against the vacation of the interim order passed in WP No. 15328 of 2001,

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Jul 04 2013

Kerala Private Medical College Management Association Vs. the Admissio ...

Court : Kerala

Decided on : Jul-04-2013

Subject : Education

of Admission, Fixation of Non Exploitative Fee and other Measures to ensure Equity and Excellence in Professional Education) Act, 2006, Act 19 of 2006 (hereinafter referred to as Act 19 of 2006) has power to cancel entrance examination … examination conducted by the Consortium of Managements, exercising the powers conferred under Sections 4 and/or 5 of Act 19 of 2006? (2) If so, whether … The exhibition of the DVDs continued for W.P.(C) No.14832 of 2013 & 41 W.P.(C) No.15154 of 2013 about 1= hours. All the counsel appearing in … and the Kerala Private Medical College Management Association, in the matter of admission of students in Private Self Financing Medical Colleges, on the cancellation of entrance examination conducted by the Consortium of Managements? (6) Is Exhibit P8

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Jan 31 2018

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

Decided on : Jan-31-2018

Subject : Land Acquisition

154, for any assessment year beginning on or before the Ist day of April, 2001.” 11 18. By Finance Act, 2006, Section 14A was numbered as sub­section (1) and after sub­section (1) sub­sections (2) and (3) were inserted w.e.f. 01.04.2007 … the amendment was clarificatory in nature and would apply to all assessments even prior to Assessment Year 2003­04.” 41. The three­Judge Bench also referred to Departmental Circular dated 24.07.1976, which was found relevant for interpreting for finding

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Apr 25 2012

Rashtriya Ispat Nigam Ltd. Vs. Dewan Chand Ram Saran.

Court : Supreme Court of India

Decided on : Apr-25-2012

Subject : Direct Taxation

Acts : Finance Act, 1994 - Section 66, 65(41)(a)(r)(j); Arbitration and Conciliation Act, 1996 - Section Section 34

Certificate." Evolution of service tax:5. Service Tax was introduced for the first time under Chapter V of the Finance Act, 1994. Section 66 of the Act was the charging section and it provided for the levy of service … the Act by this Court in Laghu Udyog Bharati vs. Union of India reported in 1999 (6) SCC 418. The Court examined the provisions of the Act and particularly Section 68 and the definition of "person responsible

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May 23 2012

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Decided on : May-23-2012

Subject : 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 … was lawful: paras 198-202. But, because the circumstances had changed and they had acquired a legitimate expectation by 2006, it was contrary to that principle for that expectation to be defeated by section 107 FA 2007. Like … in advance: see ACF Chemiefarma v Commission of the European Communities (Case 41/69) [1970] ECR 661, para 19; Marks and Spencer plc v Customs and

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May 17 2017

Glaxo Smith Kline Asia P. Ltd. Vs.assess. Auth. Special Zone Trade

Court : Delhi

Decided on : May-17-2017

Subject : Service Tax

41 with the introduction of the taxable category of „franchise service‟, in the service tax laws, viz. the Finance Act, 1994, the Appellant obtained service tax registration with effect from 01.07.2003 and since then has been regularly filing … Notice dated 09.10.2006, McDonald‟s was asked to show cause why it should not be assessed to tax under Section 23 (6) of the Delhi Sales Tax Act, 1975, read with Section 9 of the DSTRTUG ST.APPL.& 27/2013;

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May 17 2017

Mc Donalds India Pvt. Ltd. Vs.commissioner of T&t

Court : Delhi

Decided on : May-17-2017

Subject : Service Tax

41 with the introduction of the taxable category of „franchise service‟, in the service tax laws, viz. the Finance Act, 1994, the Appellant obtained service tax registration with effect from 01.07.2003 and since then has been regularly filing … Notice dated 09.10.2006, McDonald‟s was asked to show cause why it should not be assessed to tax under Section 23 (6) of the Delhi Sales Tax Act, 1975, read with Section 9 of the DSTRTUG ST.APPL.& 27/2013;

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