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Kmp Timbers Vs. Commercial Tax Inspector and anr.

Court : Kerala

Subject : Sales Tax/Vat

Acts : Kerala Value Added Tax Act, 2003 - Sections 2, 3, 3(2), 6, 19A, 21, 24, 25, 45, 47(2) and 47(16A); Tax on Entry of Goods into Local Areas Act; Income Tax Act - Sections 119; Kerala Finance Act, 2006; Kerala General Sales Tax Act, 1963; Central Sales Tax Act, 1956; Kerala Value Added Tax Rules, 2005 - Rules 21A, 21A(1), 21A(2) and 67(7); Constitution of India

Reported in : (2010)27VST536(Ker)

note that Section 47(16A), which was brought into effect from July 1, 2006 by virtue of the Kerala Finance Act, 2006, starts with a 'non obstante clause'. By virtue of the terminology used in the provision, paramount importance is

St. Joseph's Hospital Trust Vs. the Kerala University Of Health Scienc ...

Court : Kerala

Subject : Education

Regulation of Admission, Fixation of Non-Explorative Fee and Other Measures to Ensure Equity and Excellence in Professional Education Act, 2006 (hereinafter referred to as the Kerala Professional Colleges Act). He would also rely on Sections 5, 6, 40, … right to affiliation. He would further submit that the Government has power to issue the impugned Circular under Section 47 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Explorative Fee … Judgment. 2. Petitioner claims to be an educational agency of a self financing pharmacy college. Petitioner's college fell under the purview of the Kerala University.

Larsen and Toubro Limited Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Sales Tax/VAT

Acts : Bihar Finance Act, 1981 - Sections 2, 13, 17(2), 17(3), 19, 19(1), 19(2), 21, 21(1), 47 and 58; Central Sales Tax Act; Rajasthan Sales Tax Act - Sections 5; Bihar Sales Tax Rules, 1983 - Rules 13, 13A, 15(3) and 18; Rajasthan Sales Tax Rules - Rule 29(2); Sales Tax (Amendment) Rules, 2000 - Rule 13A; Sales Tax (Amendment) Rules, 2006 - Rule 13A

Reported in : 2008(56)BLJR2126; [2008(3)JCR698(Jhr)]; (2009)24VST233(Jharkh)

On account of certain error apparent on the face of the record, the petitioner filed review application under Section 47 of the Bihar Finance Act and accordingly, order of review was passed. However, after expiry of two years, … the petitioner challenging the order of re-assessment dated 5/5/2006 passed under Sections 17(3) and 19 of the Bihar Finance Act. The writ petition was dismissed by this Bench on 27/11/2006 holding that the petitioner may avail the statutory

Total Network Sl (a Company Incorporated in Spain) (Original Responden ...

Court : House of Lords

Subject : Service Tax

of a similar nature which it specifies. 17. Secondly, section 55A was added by section 19(1) of the Finance Act 2006, together with section 26AB which provides for the adjustment of accounts to give effect to it. It introduced … time limit, normally six years in the section as originally enacted and now three as substituted by section 47(10) of the Finance Act 1997, on the making of assessments, including assessments for penalties, interest or surcharge, under

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

Court : UK Supreme Court

Subject : Land Acquisition

reported at [2009] UKHL 8, [2009] STC 452. For present purposes, however, it is sufficient to note that section 47 of the Finance Act 1997 curtailed the period for a claim for repayment of VAT from six to … 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 … 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

Indian Oil Corp. Ltd. and anr. Vs. Prasanna Welding Industries and ors ...

Court : Guwahati

Subject : Sales Tax

the review applicants, Mr. S. Nath, learned Counsel for the petitioner and Mr. D. Saikia, learned Standing Counsel, Finance Department.3. To appreciate the rival submissions the writ petitioner's case, in short, needs narration at the outset. The … and, therefore, no tax was payable thereunder. They maintained that they were entitled to tax relief envisaged under section 47(1)(b)(i) of the aforementioned statute and, therefore, they had on June 5, 2006 submitted an application to the concerned … payment. The IOC, however, deducted tax under the Assam Value Added Tax Act, 2003 (hereafter referred to as, 'the Act') on the total value of

Rajshree Sugars and Chemicals Limited Rep. by Its Director and Chief O ...

Court : Chennai

Subject : CommercialContract

Acts : Contract Act, 1872 - Sections 23, 24, 30 and 31; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 18 and 19(6) to 19(11); Specific Relief Act, 1963 - Sections 3, 37 and 41; Banking Regulation Act, 1949 - Sections 6(1), 6(2) and 35A; Specific Relief Act, 1887 - Sections 41 and 56; SARFAESI Act; Gaming Act, 1845 - Sections 18; Gaming (Amendment) Act, 1892; Bombay Forward Contracts Control Act; Forward Contracts (Regulation) Act, 1952; Securities Contracts (Regulation) Act, 1956 - Sections 2 and 18A; Reserve Bank of India Act, 1934; Foreign Exchange Regulation Act, 1973 - Sections 73(3); Foreign Exchange Management Act, 1999 - Sections 47(2); Reserve Bank of India (Amendment) Act, 2006 - Sections 45U, 45V, 45V(1), 45V(2), 45W and 45X; Civil Proc

Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261

of the derivatives bubble' presented the worst case scenario. 4. True to the above criticism, the world of finance and investments, was swept by many a tsunami in the past decade and a half. Some of the … with some options and then proceed to introduce exotic features/options. 94. Thereafter, the Reserve Bank of India (Amendment) Act, 2006, was passed, legitimising the transactions in derivatives, with retrospective effect, with the introduction of Chapter III-D in the … said Schedule, the clause relating to 'Governing Law and Jurisdiction' found in Section 13(b) of the Master Agreement was replaced with the following provisions:With respect … Derivative Contracts) Regulations, 2000', in exercise of the powers conferred under Section 47(2)(h) of the Foreign Exchange Management Act, 1999. These regulations were issued, with

Emco Limited Vs. Malvika Steel Limited and ors

Court : Delhi

Subject : Land Acquisition

as also the letters Ex.P-3 and Ex.P-4. The bank guarantee in question reads as under:Bank Guarantee The Industrial Finance Corporation of India Limited 4th Floor, Core No.5,P.B. No.3043 Scope Complex 7 Lodhi Road New Delhi-110003 This Guarantee … Explore Computers Pvt. Ltd. Vs. Cals Ltd. & Anr. 131 (2006) DLT 47.that if a bank guarantee is not invoked within the valid period, no … showed that freight less rebate was rupees 16- 8 annas per ton. The Plaintiff's notice asserted that freight actually incurred was 28 rupees. It was held by the Privy Council that that amount of freight could be … sought to be raised on behalf of the defendant no.2 relying upon Section 28 of the Contract Act, 1872 (although there were no pleadings to

Cc And Ce And St Noida Vs. M/s Interarch Building Products Pvt. Ltd.

Court : Supreme Court of India

Subject : Service Tax

construction, erection etc. under the category "commercial or industrial constructions services" as referred under Section 65(105)(zzq) of the Finance Act, 1994 (hereinafter referred to as ‘the Act, 1994’). 2.2 Based on specific intelligence that the respondent had wrongly … It was mandatory for the respondent to either follow Rule 2A of Service Tax (Determination of Value) Rules, 2006 or adopt Composition Scheme. The said Rule 2A and Composition Scheme do not allow the availment of CENVAT … and Co. (supra) while dealing with the measure of tax vide para 47 had provided a list Civil Appeal No.11330 of 2018 Page 28 of

In Re: Spectrum Power Generation Ltd.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 169, 190, 217, 235 to 251, 391, 391(1), 391(2), 393, 393(1) and 394; Electricity Reforms Act, 1998; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI); Indian Companies Act, 1913 - Sections 153, 153(1) and 153(2); Companies (Court) Rules, 1959 - Rule 79

Reported in : [2008]146CompCas266(AP)

the year 2006, even before the adjustment of depreciation, amortization/taxation, was not sufficient to service the interest and finance charges. Therefore, the petitioner-company is not in a position to service the principal and interest amount. It is … help the bidder to take over the project, almost for a song. 47. It is stated that no order sanctioning any arrangement shall be made … this company petition filed by the petitioner, viz., Spectrum Power Generation Ltd., under Section 391 of the Companies Act, 1956 (for short 'the Act') read with Rule 79 of the Companies (Court) Rules, 1959, seeks approval of