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Committee of Management, Shri Mohan Singh Inter College Through Its Ma ...
Allahabad
Dec-15-2006
Constitution
[2007]289ITR224(All)
Matched in: Citation [2007]289ITR224(All)
Tag this Judgment! AI Brief & AskP.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...
Mumbai
Dec-15-2014
Service Tax
practicing advocate prays for the following reliefs:- â(a) Declare the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of … also submitted that the Hon'ble Supreme Court in All India Federation of Tax Practitioners V/s. Union of India 2007 (7) SCC 527 has held that Service Tax is a value added tax which is levied on the … India reflects the quest and aspiration of the mankind for justice. Its preamble speaks of justice in all forms; social, economic and political. Article 39A … S.C. Dharmadhikari, J. 1. Rule. Respondents waives service. By consent, Rule made returnable forthwith. 2. By
Tag this Judgment! AI Brief & AskTube Investments of India Limited Represented by Its Vice President, T ...
Chennai
Sep-29-2009
Direct Taxation
Income Tax Act, 1961 - Sections 2(24), 5, 9(1), 10A, 10A(1A), 10B, 28 to 43C, 43D, 44AC, 64, 72, 80, 80(IA), 80(IE), 143C, 145, 153, 192, 193, 194, 194A, 194C, 194C(1), 194D, 194G, 194H, 194I, 194J, 194LA, 195, 195(5), 195A, 197, 198, 199, 200, 200(1), 201, 201(1), 201(1A), 205, 206C, 221, 271C, 276B and 276BB; Hindu Women's Right to Property Act; Companies Act; Finance Act, 1983; Finance Act, 2007; Central Excises and Salt Act, 1944 - Sections 11D; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 11(4); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(4), 17 and 17(2); Andhra Pradesh Shops and Establishments Act, 1966 - Sections 47(3); Payment of Gratuity Act, 1972; Partnership Act, 1932 -
(2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)
submission.87. The contention comparing Section 40(a)(ia) with the proviso to Section 40A(3)(b) of the Act as introduced through Finance Act, 2007, can have no relevance, in as much as in the first place, the two substantive provisions are not … by virtue of the improved financial status comfortable and thereby fulfil the socio economic obligation enshrined under the Preamble of our Constitution. Therefore, we do not find any substance in the said submission.87. The contention comparing Section … ORDERF.M. Ibrahim Kalifulla, J.1. The petitioners in W.P. No. 10750 of 2009, seek for the issuance of a Writ of Mandamus to
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Director of Income Tax Vs. Ericsson A.B.,new Delhi
Delhi
Dec-23-2011
Direct Taxation
India; or (ii) the non-resident has rendered services in India.".62. We may place on record that initially the Finance Act, 2007 inserted an Explanation at the end of Section 9 to provide that "for the removal of doubts, it … effect, one integrated business arrangement. He specifically referred to the following features of these Agreements: Supply Agreement * Preamble: Agreement for supply of hardware and software license. * Article 5: Scope of the contract. The said clause … Pratibha Singh, ITA 504/2007, ITA 507/2007, ITA 508/2007,ITA 511/2007, ITA 397/2007 Page 1 of 75 Mr. Sudeep Chatterjee and Ms. Meghna Sudha Panda, Advocates (3)
Tag this Judgment! AI Brief & AskHm Treasury Vs. Ahmed and Others
UK Supreme Court
Jan-27-2010
Land Acquisition
the Security Council had decided that all States shall, among various other measures “ "(d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other States or … financial services available to him or for his benefit. On 2 August 2007 the appellants Mohammed Jabar Ahmed, Mohammed Azmir Khan and Michael Marteen (formerly … to an end. It came into force on 24 October 1945. The Preamble records the determination of the United Nations to save succeeding generations from … with whom Lord Walker and Lady Hale agree 1. On 13 December 2006 the appellant Mohammed al-Ghabra, … had reasonable grounds for suspecting that he was, or might be, a person who facilitated the commission of acts of terrorism. He was also told that, in light of the sensitive nature of the information on which
Tag this Judgment! AI Brief & AskRojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager
Supreme Court of India
Nov-13-2019
Land Acquisition
CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … From Hewart to Leggatt” 28 TRAS51(2009) 6 Excerpts from the ‘Explanatory Notes to the Tribunals, Courts and Enforcement Act, 2007’ prepared by the Ministry of Justice, British Parliament. 10 II. Canada 23. The Tribunal system in Canada, although … the particular Act with which the Court has to deal including its preamble. Further it appears to us that the nature of the body to … of this Hon’ble Court in Union of India v. R. Gandhi [(2010) 11 SCC1 para 96 at pg. 310]. and L. Chandra Kumar v. Union
Tag this Judgment! AI Brief & AskTata Steel Limited and ors. Vs. State of Jharkhand and ors.
Jharkhand
Jun-13-2008
Sales Tax/VAT
[2008(3)JCR365(Jhr)]
2007. Immediately thereafter, in order to give effect to the amended provisions, a notification was issued by the Finance Department vide S.O. No. 48 dated 29.8.2008 describing the procedure for levy and collection of tax on import … (in short 'VAT Act') and subsequent amendments made in the said Act by Jharkhand Value Added Tax (Amendment) Act, 2007 (in short Amendment Act, 2007').6. In the VAT Act, 2005, preamble of the Act reads as under:An Act … all these writ petitions, the petitioners have challenged the vires of Section 11 of the Jharkhand Value Added Tax Act, 2005 as ultra vires and
Tag this Judgment! AI Brief & AskVivek Narayan Sharma Vs. Union Of India
Supreme Court of India
Jan-02-2023
Land Acquisition
Court in the case of Rojer Mathew (supra) considered the question, as to whether Section 184 of the Finance Act, 2017, which does not prescribe qualifications, appointment, term and conditions of service, salary and allowances, etc. suffers from … the provisions contained in the RBI Act, the Banking Regulation Act, 1949 and the Payment and Settlement Systems Act, 2007, and also in view of the special place and role that the RBI has in the economy of … from Section 3 of the RBI Act as well as from its preamble. It is submitted that the RBI Act was enacted for the purposes … MA15522018 in W.P.(C) No.626/2017, W.P.(C) No.971/2016, T.P.(C) No.2018-2022/2016, W.P.(C) No.972/2016, W.P.(C) No.389/2018. 1 INDEX I. INTRODUCTION…………………………………………….. Paras 1 to 4 II. BACKGROUND……………………………………….......... Paras 5 to
Tag this Judgment! AI Brief & AskIn Re Article 370 Of The Constitution
Supreme Court of India
Dec-11-2023
Right to Information
the Legislative Council. Part VI provides for the High Court and the “subordinate courts”. Part VIII provides for Finance, Property and Contracts; Part IX for the Public Services; Part X for Elections and Part XI for Miscellaneous … the State of Jammu and Kashmir for a declaration that the Jammu and Kashmir Big Landed Estate Abolition Act 2007 was “void, inoperative and ultra vires of Yuvraj Karan Singh who enacted it” so that the appellant could … Constitution neither establishes sovereignty nor does it claim to do so. The Preamble is indicative of this fact.12862. To become a fundamental document, a Constitution … Petition (C) No.1082 of 2019 With Writ Petition (C) No.1068 of 2019 1 With Writ Petition (C) No.1037 of 2019 With Writ Petition (C) No.1062
Tag this Judgment! AI Brief & AskMaharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...
Mumbai
Sep-03-2014
Land Acquisition
Madan Gopal Kabra, (1954) 24 ITR 58 = (AIR 1954 SC 158) while interpreting Section 13 of the Finance Act, 1950, already extracted above, this Court observed at p. 68 (of ITR) = (at p. 162 of AIR) … adopted by both houses of State Legislature under Article 252(2) of the Constitution of India on 29 November 2007. The resolution adopted by the State of Maharashtra is in the following terms : âMAHARASTHRA LEGISLATIVE ASSEMBLY RESOLUTION … state of being under obligation in law or in justice [see AIR 1959 Punjab 328 (First National Bank Limited v/s Seth Sant Lal)]. 85. A
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