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M/S. Shiva Mines and Mineral Vs. State of Raj. and anr

Court : Rajasthan Jodhpur

Subject : Land Acquisition

challenged the levy of land tax vide the demand notices dated 05.06.2008 (Annex-5), under the provisions of Rajasthan Finance Act, 2006 for assessment years 2006-07 raised by the Assessing Authority, (Sub-Registrar), Kolayat.2. Learned counsel for the petitioner submitted that … V/s State of Rajasthan & Anr. Order dt:12. 109/2013 3/8 providing them opportunity of hearing as envisaged in Section 42 (2) of the Act. The purpose of providing two stages of assessment i.e. one provisional and other final

Vijay Kumar Sharma Vs. State of Raj. and anr

Court : Rajasthan Jodhpur

Subject : Land Acquisition

challenged the levy of land tax vide the demand notice dated 24.7.2009 (Annex-10), under the provisions of Rajasthan Finance Act, 2006 for assessment years 2009-10 raised by the Assessing Authority, (Sub-Registrar), Bikaner.2. Learned counsel for the petitioner submitted that … V/s State of Rajasthan & Anr. Order dt:13. 109/2013 3/8 providing them opportunity of hearing as envisaged in Section 42 (2) of the Act. The purpose of providing two stages of assessment i.e. one provisional and other final

Neolite Polymer Industries Pvt. Ltd. a Company Incorporated Under the ...

Court : Mumbai

Subject : Civil

Acts : Indian Stamps Act, 1899 - Sections 2(3), 2(14), 2(15), 3, 4, 33, 35, 36, 40, 42(1) and 42(2) - Schedule - Articles 13 and 45; Bills of Exchange Act, 1882 - Sections 51, 51(1), 52, 52(3) and 57; Negotiable Instruments Act, 1881 - Sections 80, 104 and 134; Finance Act, 2006; Code of Civil Procedure (CPC) , 1908 - Order 37

Reported in : 2007(6)BomCR539; (2007)109BOMLR1930

evidence, unless such instrument is duly stamped. Clause (a) of the proviso prior to its amendment by the Finance Act of 2006 was to the following effect:(a) any such instrument not being an instrument chargeable with a duty … in evidence or being acted upon; Section 40 provides the procedure for instruments being impounded, Sub-section (1) of Section 42 provides for certifying that an instrument is duly stamped, and Sub-section (2) of Section 42 enacts the consequences

M/S.Vedanta Limited vs the Assistant Commissioner of

Court : Chennai

Chapter-IX of the Act. This chapter not apply to private companies incorporated in foreign Territories. Only after the Finance Act, 2006, with effect from 01.06.2006, after adoption by the Central Government, the double taxation relief got extended to specific … years.7. The argument of the assessee that the deduction of Rs.1,49,31,918/-shown as the time-cost wages was admissible under Section 42 and therefore outside the purview of Section 40 (a)(i) was not accepted by the Assessing Page Nos.6/44 Officer.

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

not culminate in any fruitful outcome. In a communication dated 2nd February, 2006 so far as the release of dividends was concerned, Guardian put forth … Section 41(e) of the Act a declaration or injunction to prevent its breach cannot be legally granted.148. However, Section 42 of the Specific Relief Act, 1963 carves out an exception to the above provision. This statutory provision provides … through one of its nominee companies, subject to grant of requisite Indian Government approvals and obtaining all requisite finances to undertake, amongst others, the production and marketing of flat glass using the most advanced and up to

Aztec Software and Technology Vs. Acit

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2007)107ITD141(Bang.)

provisions of section 92CA was brought into the Income-tax Act by the Finance Act of 2002 w.e.f. 1.6.2002. Section 42 of the Finance Act, 2002 specifically mentions that section 92CA has been inserted w.e.f. from 1^st day of … manipulating prices charged or paid in international transactions, thereby eroding the country's tax base.4. Accordingly, legislative changes through Finance Act, 2001 and 2002 were made. It was provided in Section 92(1) that income arising from international transaction between … 1. The President, Income-tax Appellate Tribunal vide order dated 17^th October, 2006 and 6.11.2006 constituted the present Special Bench to dispose of the captioned

Gujarat Chem. Port Terminal Co. Vs. C.C.E. and C.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Subject : Service Tax

Reported in : (2008)9STR386

covered under the category of port services.The definition of taxable services as provided under Section 65(105) of the Finance Act, 1994 would also throw some light on the issue. The rival taxable services have been defined as under: … held by the Tribunal in the case of Daelim Industrial Co. Ltd. 2006 (3) S.T.R. 124 (Tribunal) 2003 (155) E.L.T. 457 (Tri), which stands approved … the appellant in their port area is a requirement of the law governing the functioning of a port. Section 42 of Major Port Trusts Act, 1963 mandates the following: 42. Performance of services by Board or other person.

Joshi Technologies International Inc Vs. Union of India and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

non-inclusion thereof was an inadvertent omission in the Contracts that were signed. The MoPNG wrote to Ministry of Finance (MoF) accepting the aforesaid omissions and requested the MoF to give clarification in this behalf. As no clarification … tax return on the income generated from the aforesaid production. In the returns, the appellant claimed benefit of Section 42 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act'). Section 42 is a special provision

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

Court : Kerala

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 … any complaint or is otherwise satisfied". The W.P.(C) No.14832 of 2013 & 42 W.P.(C) No.15154 of 2013 expression "otherwise satisfied", takes in suo motu power … 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

Konkan Marine Agencies Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

Reported in : (2007)8STR472

Welfare Fund. The Commissioner of Central Excise, Mangalore, issued a Show Cause Notice under Section 84 of the Finance Act, 1994 proposing to revise the OIO dated 12-1-2006 and to classify the handling of export cargo rendered in … of cargo. In the present case, the appellants are loading the export cargo. Moreover, Shri Nagaraja referred to Section 42 of the Major Port Trust Act, 1963. This Section provides that the Board, (meaning Port Trust) is required