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B.S. Enterprises Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

Acts : Bihar Value Added Tax Act, 2005 - Sections 14, 16, 16(1), 24, 56(2), 93, 94 and 95; Bihar Finance Act, 1981; Bihar Finance Act, 2006; Central Sales Tax Act - Sections 8(4), 13(3), 13(4) and 15; Mysore Sales Tax Act - Sections 5(4); Bihar Value Added Tax Rules - Rules 13, 56, 56(1) and 56(2); Land Ceiling Act; High Denomination Bank Notes (Demonetisation) Act, 1978; Bihar Value Added Tax Ordinance, 2005 - Sections 1(3) and 2 to 99; Mysore Sales Tax Rules - Rule 39A(2) and 39A(3); Bihar Sales Tax Rules, 1983 - Rule 35; Prevention of Food Adulteration Rules - Rules 7(3) and 9; Central Sales Tax (Kerala) Rules - Rule 6(1)

the 1st day of April, 2005. Later, a number of amendments were introduced in the Act by Bihar Finance Act, 2006 (Act 7 of 2006). The amendment Act received the assent of the President of India on 19.04.2006 and … the provision of Rule 56 can not be allowed to defeat the substantive right of the dealer under Section 56(2) of the Act. In this regard, he also submitted that taking a contrary view and disallowing any power

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

Subject : Service Tax

reconditioning on restoration, or servicing of any goods, excluding a motor vehicle and also substituted it by the Finance Act, 2006 with effect from 1st May, 2006. It also substituted the Explanation below section 65(64) with effect from 15th … Finally, whether the petitioner is liable for payment of interest under section 75 of the Finance Act, 1994. 56. The order refers to the wording in Notification No. 17 of 2005 dated 16th June, 2005, which exempts

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

2013; Section 231 of the Insolvency and Bankruptcy Code, 2016; Section 56, Petroleum and Natural Gas Regulatory Board Act, 2006; Section 154, Electricity Act, 2003; Section 27 of the Telecom Regulatory Authority of India Act, 1997; Section 61 of … the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and 186 (2) of the Finance Act, 2017 as amended by the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 as ultra vires Articles

Kerala State Co-operative Agricultural And Rural Development Bank Ltd. ...

Court : Supreme Court of India

Subject : Direct Taxation

or more of such activities which are mentioned in sub-section (2). Sub-section (4) of Section 80P43inserted by the Finance Act, 2006 is in the nature of a proviso and such a deduction under the said Section shall not be … of convenience), Part V of the BR Act, 1949 which applies to co-operative banks was adverted to. That Section 56 in Part V of the said Act begins with a non- obstante clause and it states that notwithstanding

Bangalore Turf Club Limited Vs. Union of India

Court : Karnataka

Subject : Education

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races … be brought within this definition clause. 15 5.1. He would also draw the attention of the Court to Section 56 of the Act that income enumerated under Section 2(24)(ix) is chargeable to tax in terms of Section 56(2)(ib) … the notices dated 20.12.2012 and 7.1.2013 issued by R-3 for the years 2006-07,2007-08, 2008-09, 2009-10, 2010-11, 2011-12 vide Annexure-B, B1, B2, B3 as being unconstitutional

Bangalore Turf Club Ltd. Vs. Union of India

Court : Karnataka

Subject : Direct Taxation

Minister made a speech on the Floor of Parliament making it explicitly clear and indicating thereunder that by Finance Act , 1986 Section115BB has been inserted to provide gross winnings from lotteries, crossword puzzles, races including horse races … cannot be brought within this definition clause. 5.1. He would also draw the attention of the Court to Section 56 of the Act that income enumerated under Section 2(24)(ix) is chargeable to tax in terms of Section 56(2)(ib) … notices dated 20.01.2012 and 07.01.2013 issued by third respondent for the years 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 and 2011-12 (Annexures-B B1, B2, B3) as being

Energy Watchdog Vs. Central Electricity Regulatory Commission and Ors. ...

Court : Supreme Court of India

Subject : Land Acquisition

this provision, which were amended from time to time. On 1st February, 2006, Gujarat Urja Vikas Nigam Limited (GUVNL) issued a public notice inviting proposals … be gone into. It is further argued, in the alternative, that in any case, force majeure either under Section 56 of the Indian Contract Act, 1872 or under clauses 12.3 and 7 of the respective PPAs make it … power generation materials and equipment; Strikes or labour disturbance at the facilities of the Affected Party; Insufficiency of finances or funds or the agreement becoming onerous to perform; and Non-performance caused by, or connected with, the Affected

Conwood Agencies (P.) Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

under appeal therefore needs apprecia-tion. Besides, Sub-sections (2) and (3) have been inserted in Section 14A by the Finance Act, 2006.Hence the effect of those provisions insofar as they apply to the pending matters has also to be considered.7. … shares or debentures. Second reason given by him is that the dividend income on shares was taxable under Section 56 and hence interest allocable to the investments made in shares was liable to be considered only under Section

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

Subject : Service Tax

in the year 2002. The Finance Act, 2005 brought 9 new services under the service tax net. The Finance Act, 2006 brought 15 new services under the service tax net. The Finance Act, 2007 brought 7 new services under … therefore, no sales tax could be levied.4. The Tribunal referred to Article 366(29-A) of the Constitution of India, Section 2(30) of the Act, its earlier decision in Hindustan Club Ltd. v. CCT [Hindustan Club Ltd. v. CCT, … given a wider connotation. However, in Gannon Dunkerley's case (A.I.R. 1958 S.C. 560), the Supreme Court held that the expression "sale of goods" as used

Manoj B. Joshi Vs. 8th Income-tax Officer

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(24), 14, 56 and 56(1); Finance Act, 1988

Reported in : (2009)224CTR(Bom)481; [2009]179TAXMAN30(Bom)

assessee is classified under the heads (A) to (F), except (B) (the same having been omitted by the Finance Act, 1988, with effect from 11-4-1989). If the income cannot be classified under heads (A) to (E) the same … cannot be classified under heads (A) to (E) the same falls under head (F), being 'Income from other sources'.Section 56 of the said Act is relevant in this regard, which deals with 'income from other sources'. The relevant