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Aug 07 2009

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Decided on : Aug-07-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 245A, 245(2A), 245C, 245C(1), 245C(3), 245D, 245D(1), 245D(1A), 245D(2A), 245D(2B), 245D(2C), 245D(2D), 245D(4), 245D(4A), 245D(4A)(1), 45D(4A)(2A), 45D(4A)(2D), 245D(4A)(4), 245H, 245H(1), 245HA, 245HA(3), 245(I), 245(4), 246C, 245HA(1), 245HA(2), 245HA(3) and 254(2A); Finance Act, 2007; Finance Act, 2008 - Sections 273AA, 273AA(1), 273AA(3), 278AB, 278AB(1) and 278AB(3); Taxation Law (Amendment) Act, 1975; Wealth-tax Act; Right to Information Act (RTI); Central Excise Act - Sections 35C(2A); Income Tax Rules - Rule 3; Constitution of India - Articles 14 and 16; Indian Penal Code

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

legality of the provisions of Section 245HA(1)(iv) and Section 245HA(3) of the Income Tax Act as inserted by Finance Act, 2007 (hereinafter referred to as F.A. 2007) with effect from 1st June, 2007 as being ultra vires and violative … the scheme of Chapter XIX-A of the Act, the Supreme Court in C.I.T. v. B.N. Bhattacharjee : (1979) 4 SCC 121 observed:It is not inappropriate to state that the policy of the law as disclosed in Chapter

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Aug 13 2009

Commissioner of Income Tax Central Vs. Anil Hastkala (P) Ltd. and anr.

Court : Rajasthan

Decided on : Aug-13-2009

Subject : Direct Taxation

Reported in : (2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)

tried to convince that once orders of settlement commission are not legally sustainable as per amendment made under Finance Act, 2007 being enforced w.e.f. 01/06/07, proceedings stand abated in terms of Section 245-HA as a consequence whereof, matter is … Section 245D(4); and at this stage, amendment came into force w.e.f. 01/06/07 vide Finance Act, 2007, whereby Sub-section 4A was inserted to Section 245D of the Act and obligation was casted upon settlement commission to pass order

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May 21 2012

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

Decided on : May-21-2012

Subject : Service Tax

and the scope of the statute was clarified by introducing a ‘proviso’ to Section 4(2) as per the Finance Act, 2007 w.e.f. 01.04.2007, making it clear that no luxury tax shall be payable for such charges received in respect

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Dec 19 2008

Moser Baer India Ltd. Vs. the Additional Commissioner of Income Tax an ...

Court : Delhi

Decided on : Dec-19-2008

Subject : Direct Taxation

Acts : Finance Act, 2007 - Sections 4A, 92CA, 92CA(2), 92CA(3), 92CA(4) and 143(3); Income Tax Act, 1922 - Sections 42(2); Income Tax Act, 1961 - Sections 92 to 92F, 220(2A), 246A, 250(4), 271AA and 271(1); Finance Act, 2001 - Sections 92; Finance Act, 2007; Assam Municipal Corporation Act - Sections 298; Imports and Exports (Control) Act, 1947 - Sections 4M(1); Municipal Act - Sections 298; Income Tax Rules, 1962 - Rules 10A and 10B, 10D, 10E and 46A; Constitution of India - Articles 226 and 227

Reported in : (2009)221CTR(Del)97; [2009]316ITR1(Delhi); [2009]176TAXMAN473(Delhi)

to be invariably complex. It was his submission that prior to the amendment brought about by virtue of Finance Act, 2007, w.e.f. 1.6.2000, the assessee was afforded an opportunity of presenting its case, both before the TPO, as well … was contended by Mr S. Ganesh, Sr Advocate appearing in writ petition No. 6974/2008, that the provisions of Section 92CA, Sub-section (3) mandate grant of an oral hearing, before the TPO makes a determination of ALP in … the petitioner to show cause as to why an adjustment of Rs 48.11 crore ought not to be made in the ALP, in respect of

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Mar 28 2008

Vatika Farms Private Limited Through Its Director, Sh. Anil Bhalla and ...

Court : Delhi

Decided on : Mar-28-2008

Subject : Direct Taxation

Reported in : (2008)216CTR(Del)37; 2008(102)DRJ356; [2008]98ITR302(Delhi)

are presently not concerned with that.4. The challenge has arisen out of amendments to the Act by the Finance Act, 2007. The effect of the amendments is that where a settlement application has been filed under Section 245C of

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Dec 18 2007

Vatika Farms Private Limited Through Its Director, Sh. Anil Bhalla and ...

Court : Delhi

Decided on : Dec-18-2007

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 234A, 234B, 234C, 245C, 245D, 245D(2B), 245D(2A), 245D(2D), 245D(4), 245D(4A), 245HA(1), 245HA(2) and 245HA(3); Finance Act, 2007

Reported in : (2008)216CTR(Del)25; 2008(102)DRJ88

course of proceedings before him. [Section 245HA(3)].3. The provisions under challenge were introduced in the Act by the Finance Act, 2007 with effect from 1st June, 2007 and this batch of writ petitions was filed in the last week … Number of cases Percentage of Number of balance for disposal settled cases settled cases pending 1 2 3 4 5 6 7 Income Tax2003-04 2, 4644912, 9551886.372, 7672004-052 7672004-052 , 7674273, 19437211.652,8222005-062 8222005-062 , 8224773, 2993019.122, 998Wealth

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Sep 12 2023

Rci Industries & Technologies Ltd vs State of Kerala

Court : Kerala

Decided on : Sep-12-2023

BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031. 2 SOUTH INDIAN BANK LTD., DEPARTMENT OF TRADE FINANCE CENTRALIZED PROCESSING CENTRE, 1ST FLOOR, SIB BUILDING, MARKET ROAD, ERNAKULAM, KERALA,PIN - 682035 REPRESENTED BY ITS CHIEF MANAGER. … before the Judicial Magistrate of the First Class-III, Ernakulam under Section 28(1) of the Payment and Settlement Systems Act, 2007 (“the PSS Act, 2007” for brevity).2. As the legal issues and contentions raised in all these petitions are … 1 RCI INDUSTRIES & TECHNOLOGIES LTD, HAVING REGISTERED OFFICE AT UNIT NO. 421, 4TH PEARL OMAXE, NETAJI SUBHASH PLACE, PITAMPURA DELHI, PIN - 110034, REPRESENTED

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Apr 13 2009

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Apr-13-2009

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two grounds. … 14(1). An advocate shall be entitled as of right to practise : (a) subject to the provisions of Sub-section (4) of Section 9, in the High Court of which he is an advocate, and (b) save as otherwise

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Sep 12 2023

Rci Industries & Technologies Ltd vs State of Kerala

Court : Kerala

Decided on : Sep-12-2023

BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031. 2 SOUTH INDIAN BANK LTD., DEPARTMENT OF TRADE FINANCE CENTRALIZED PROCESSING CENTRE, 1ST FLOOR, SIB BUILDING, MARKET ROAD, ERNAKULAM, KERALA,PIN - 682035 REPRESENTED BY ITS CHIEF MANAGER. … before the Judicial Magistrate of the First Class-III, Ernakulam under Section 28(1) of the Payment and Settlement Systems Act, 2007 (“the PSS Act, 2007” for brevity).2. As the legal issues and contentions raised in all these petitions are … 1 RCI INDUSTRIES & TECHNOLOGIES LTD, HAVING REGISTERED OFFICE AT UNIT NO. 421, 4TH PEARL OMAXE, NETAJI SUBHASH PLACE, PITAMPURA DELHI, PIN - 110034, REPRESENTED

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Sep 12 2023

Rci Industries & Technologies Ltd vs State of Kerala

Court : Kerala

Decided on : Sep-12-2023

BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031. 2 SOUTH INDIAN BANK LTD., DEPARTMENT OF TRADE FINANCE CENTRALIZED PROCESSING CENTRE, 1ST FLOOR, SIB BUILDING, MARKET ROAD, ERNAKULAM, KERALA,PIN - 682035 REPRESENTED BY ITS CHIEF MANAGER. … before the Judicial Magistrate of the First Class-III, Ernakulam under Section 28(1) of the Payment and Settlement Systems Act, 2007 (“the PSS Act, 2007” for brevity).2. As the legal issues and contentions raised in all these petitions are … 1 RCI INDUSTRIES & TECHNOLOGIES LTD, HAVING REGISTERED OFFICE AT UNIT NO. 421, 4TH PEARL OMAXE, NETAJI SUBHASH PLACE, PITAMPURA DELHI, PIN - 110034, REPRESENTED

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