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Mar 23 2010

Optigrab International Vs. Government of India

Court : Chennai

Decided on : Mar-23-2010

Subject : Excise

Acts : Customs Act, 1962 - Sections 4, 4(2), 5(2), 25A, 28(A)(2), 28AB, 74, 75, 75A(2), 124, 127(1), 127A, 127B, 127B(1) and 127C(1); ;Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 110 and 123; ;Customs Tariff Act, 1975; ;Finance Act, 2007 - Sections 91 and 127(1); ;Income Tax Act; ;Code of Criminal Procedure (CrPC) - Section 219; ;Central Excise Rules, 2002 - Rule 19(2); ;Customs and Central Excise Duty Drawback Rules, 1995 - Rule 16; ;Constitution of India - Article 21

Reported in : 2010(253)ELT722(Mad)

on the day on which the application under Sub-section (1) to Section 127(b) is made, (substituted as per Finance Act, 2007 (22 of 2007) Section 91 (w.e.f. 1-6-2007) we are of the view that such a contention was untenable

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Feb 21 2007

Unnao Distilleries and Braveries Limited Through Its Managing Director ...

Court : Allahabad

Decided on : Feb-21-2007

Subject : Direct Taxation

Reported in : (2007)213CTR(All)68

Matched in: Citation (2007)213CTR(All)68

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Oct 13 2015

Satya Developers Pvt Ltd. and Another Vs. Pearey Lal Bhawan Associatio ...

Court : Delhi

Decided on : Oct-13-2015

Subject : Service Tax

relation to the service tax net w.e.f June 01, 2007 vide notification No.23/2007-ST dated May 22, 2007 and Finance Act, 2007. 6. In the written statement filed HDFC Bank also claimed that in terms of Clause 4(v) of the … the Service Tax. Halsbury's Law of England (4th Edn., Vol.44 (1)), para 127 page 744 deals with incorporation of other enactments by reference as under: … erroneously relied upon the provisions of Sales of Goods Act, 1930 which have no application to service tax. Section 12B of the Central Excise Act relied upon by the learned Single Judge applies only to refund of

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Nov 19 2019

Commissioner, Central Excise, Customs & Service Tax, Sonepat & ...

Court : Delhi

Decided on : Nov-19-2019

Subject : Education

29. We may note, here, that Section 32F was substituted, in its entirety, by Section 122 of the Finance Act, 2007. As it stood prior to substitution, sub-section (1) of Section 32F read thus: the case or the complexity … (C) 822/2015 Page 40 of 54 which he never intended as accepted to be payable by him. (iii) Section 127(1) as it stood then, used the expression ―complexity of the investigation‖ which shows that highly complex and contentious

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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

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 exclude DMG mistake claims, as these provisions purported to curtail the extended limitation period … but I have been persuaded by the reasoning of Lord Walker and Lord Sumption that it should not. 127. I also agree with the other members of the court that the restitution and damages remedies sought by

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Apr 08 2014

Indian Hotels and Restaurant Association Represented by Its Treasurer ...

Court : Mumbai

Decided on : Apr-08-2014

Subject : Service Tax

India, the Petitioners are claiming a writ, order or direction declaring clause (zzzzv) of Section 65(105) of the Finance Act, 2010 as ultravires the Constitution of India, null, void and of no legal affect. It is prayed that … meaning of the term œsale? as found in œAdvanced Law Lexicon, by P. Ramanatha Aiyar, 3rd Edition, Reprint 2007? , is as under:- œA sale, in its broadest sense, may be defined as the transfer of the … and Bros. and others v/s State of T.N. and another. (5) (2002) 127 STC 475 Cosmopolitan Club v/s Tamil Nadu Taxation Special Tribunal. (6) (1978)

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Dec 09 2015

Sodexo Svc India Pvt. Ltd. Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

Decided on : Dec-09-2015

Subject : Service Tax

Bank of India (RBI), which requirement is spelt out from Section 7 of the Payment and Settlement Systems Act, 2007. The appellant has been granted a Certificate of Authorisation by the RBI to operate a payment system for … city for consumption, use or sale therein. The charging section, for imposition of tax under the Act, is Section 127. This provision enumerates various types of taxes. Sub-section (1) thereof empowers the Corporation to impose two kinds of … ruled framed thereunder. Further, the guidelines on Know Your Customer/Anti-Money Laundering/ Combating Financing of Terrorism issued by the RBI to Banks, from time to time

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Oct 29 2008

U.K. Mahapatra and Co. Represented by Its Partner Sri Sudhansu Ranjan ...

Court : Orissa

Decided on : Oct-29-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7A), 44AB, 131(1), 132, 133A, 133A(1), 133A(2), 133A(3), 133A(5), 133A(6) and 142(2A); Chartered Accountants Act, 1949; Evidence Act, 1872 - Sections 126, 127, 128 and 129; Taxation Laws (Amendment) Act, 1975; Finance Act, 2007; Constitution of India - Articles 14 and 19

Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)

case (supra) and reaffirmed in Sahara India (Firm) case (supra) has no application to the present case. By Finance Act, 2007 with effect from 01.06.2007 proviso has been inserted to Section 142(2A) to the effect that the Assessing Officer … 1872), which allows certain privilege to the petitioners and their clients in accordance with provisions of Sections 126, 127, 128 and 129 of the Act, 1872. It was also mentioned therein that books of account/documents were impounded

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Oct 09 2015

Bharmpal Panchal and Another Vs. Union of India and Others

Court : Mumbai

Decided on : Oct-09-2015

Subject : Customs

127B(1). In fact, reference to âsection 28ABâ? in section 127B(1), was substituted with âsection 28AAâ? only by the Finance (No.2) Act, 2014 with effect from 6th August, 2014. Since section 28AB was deleted from the Act with … contained in sub-section (1), where an application was made under sub-section (1) before the 1st day of June, 2007 but an order under sub-section (1) of section 127-C has not been made before the said date, the

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Jul 14 2008

S.K. Habibunnisa Vs. Shriram Transport Finance Company Ltd.

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-14-2008

Subject : Land Acquisition

2,25,000. The respondent company alleged that still an amount of Rs. 1,22,599 was due by giving following calculations:Amount finance :Rs.2,70,000Finance Charges @ 17.50%for 36 monthsRs.1,41,750Total Agreement valueRs.4,11,750Less: Instalment amount paid by the Hirer as on 26.5.2003.Rs.1,30,830Rs.2,80,920Add: ODC … computed at Rs. 5,000 . Appeal allowed. Consumer Protection Act, 1986 - Section 2(1)(g) - Cases Referred: 1. Sundaram Finance Ltd. v. State of Kerala … a hirer and executed the agreement. The hirer is not a consumer as defined in the Consumer Protection Act. The defaulted hirer has no right to claim any vehicle, in any Forum, unless and until the agreement

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