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Essar Steel Ltd. Vs. Union of India (Uoi)
Gujarat
Nov-04-2009
Customs
Finance Act, 2007 - Sections 99 and 114; Customs Act, 1962 - Sections 7, 12, 22, 25, 28(1), 30 and 76A to 76N; Sea Customs Act; Special Economic Zones Act, 2005 - Sections 1, 2, 2(1), 3, 3(1), 4, 4(1), 4(2), 4(4), 5, 7, 12, 15(9), 26, 26(1), 26(2), 30, 51, 53, 53(1), 53(2) and 55; Motor Vehicles Act - Sections 38 and 38(1); Taxation Act - Sections 3, 3(1) and 4A; Trade Marks Act - Sections 28; Uttar Pradesh Trade Tax Act, 1948 - Sections 3; Central Excise Act, 1944 - Sections 4 and 4(1); Factories Act, 1948; Sea Customs (Amendment) Act, 1955; Land Customs Act; Indian Aircrafts Act, 1911; Customs Tariff Act, 1975 - Sections 2, 2(15), 2(18), 2(19), 2(20), 2(22), 2(23), 2(25), 2(26), 2(27), 12, 14, 14(1), 17, 18, 46 and 50; Industries (Development and Regulation) Act, 1951; Income
[2010]24STT121
permitted the goods into the zone. By virtue of Section 114(n) read with the 3rd Schedule to the Finance Act, 2007, Heading No. 11 of the Second Schedule - Export Tariff to the Customs Tariff Act, 1975 was substituted … 7 of the Customs Act, 1962.28. Mr. Champaneri has further submitted that in exercise of powers conferred under Section 55 of the Act of 2005, the Central Government had made the Special Economic Zones Rules, 2006 as originally
Tag this Judgment! AI Brief & AskCommissioner of Income-tax, Ghaziabad Vs. Simbhaoli Industries (P.) Lt ...
Allahabad
May-15-2014
Direct Taxation
CIT v. Poonam Chand Trilok Chand [1976] 105 ITR 618 (All.); and (5) Union of India v. Kamlakshi Finance Corporation Ltd. 1991 (55) ELT 433 (SC). 9. Lastly, he made a request to dismiss the appeal filed … Satish Chandra, J. 1. The present appeal is filed by the department under Section-260-A of the Income Tax Act against the judgment and order dated 16.01.2001, passed by the Income Tax Appellate Tribunal, Delhi in Appeal No.6408
Tag this Judgment! AI Brief & AskMs Vijeta Projects and Infrastructures Limited Through Its Managing Di ...
Jharkhand
Sep-05-2016
Land Acquisition
due to an assessee and prevent the running of interest in terms of Section 43 of the Bihar Finance Act, thereby leading to a saving for the Government. Similarly, 5. a dealer entitled to refund will also be … of the application for refund and if the said amount is not paid within six months as per Section 55 of the Jharkhand Value Added Tax Act, 2005, this petitioner is entitled to simple interest @ 6% per … (TDS) by the respondentsState Government. This amount is for the financial years 200708 and 200809. For these financial years, the assessments have already been completed
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M/s. Total Environment Building Systems Pvt Ltd. Vs. The Deputy Commis ...
Supreme Court of India
Aug-02-2022
Service Tax
expressly made the service component in such works contract liable to service tax w.e.f. 1st June, 2007. The 55 amendment was made to the said section of the Finance Act, 1994 by which works contract which were … appeals is, “whether, service tax could be levied on Composite Works Contracts prior to the introduction of the Finance Act, 2007, by which the Finance Act, 1994 came to be amended to introduce Section 65(105)(zzzza) pertaining to Works Contracts?.3.
Tag this Judgment! AI Brief & AskG.V.Matheswaran Vs. the Union of India
Chennai
Jun-20-2014
Service Tax
the provisions of Section 65(90a) read with Section 65(105)(zzzz) of the Finance Act, 1994 as amended by the Finance Act, 2007 and Finance Act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service … respondent within a period of twelve weeks from the date of receipt of a copy of this order. 55 In W.P.No.16400 of 2013, the petitioner is one of the licencees of the local body, viz., Gobichettipalayam Municipality
Tag this Judgment! AI Brief & AskUnnikrishnan T.a. vs Assistant Commissioner (Assessment)
Kerala
Apr-03-2024
for the petitioner, in reply, wouldsubmit that Section 55 of the KVAT Act has been amended by the Finance Act, 2023. It is submitted that, by virtue of the 2 nd proviso added to Section 55 of the
Tag this Judgment! AI Brief & AskCommissioner of Income-tax and anr. Vs. Tata Coffee Ltd.
Karnataka
Jul-31-2009
ContractDirect Taxation
Income Tax Act, 1961 - Sections 55(2) and 260A; Finance Act, 1998; Contract Act - Sections 29; Madras Electrical Undertakings Acquisition Act, 1949
(2010)229CTR(Kar)38
Feb., 2001 (Annex. A). The Tribunal further held that Section 55(2) of the Act had been introduced by Finance Act of 1998 and was applicable from the asst. yr. 1998-99 onwards and not to the assessment year in
Tag this Judgment! AI Brief & AskYu Televentures Pvt. Ltd. Vs. Union of India and Others
Delhi
Aug-03-2016
Service Tax
jurisdiction, the binding effect of the said orders on the Department continues. In Union of India v. Kamlakshi Finance Corporation Ltd. 1991 (55) ELT 433 (SC) the Supreme Court observed as under: 6. Sri Reddy is perhaps … the law explained in Legrand (India) Pvt. Ltd. v. Union of India 2007 (216) ELT 678 (Bom.), and held that a failure to follow a … by the Petitioner for refund of excess additional customs duty paid under Section 3 (1) of the Customs Act, 1962 ('Act') read with Serial Number 263A and condition no. 16 of Notification No. 12/2012-CE dated 17th March
Tag this Judgment! AI Brief & AskMoser Baer India Ltd. Vs. the Additional Commissioner of Income Tax an ...
Delhi
Dec-19-2008
Direct Taxation
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
(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
Tag this Judgment! AI Brief & AskP. Murugan Vs. The Registrar, Debts Recovery Appellate Tribunal and Ot ...
Chennai
Jan-03-2017
Land Acquisition
considered in the light of the general purpose of the Act itself". 101. In RBI v. Peerless General Finance and Investment Co. Ltd., [(1987) 1 SCC 424], it was observed, "that interpretation is best which makes the … SARFAESI proceedings initiated by the bank was already challenged by the borrower by way of filing S.A.No.221 of 2007 and the S.A., was also dismissed on merits. Then, Sale Certificate was issued and the property was sold … present writ petition has been filed. 9. Referring to second proviso to Section 18 of the SARFAESI Act, 2002, Mr.A.V.Arun, learned counsel appearing for the … Ansal Properties and Industries Ltd. v. State of Haryana [2009 (3) SCC 553] 180. Further, it is a well-established principle of statutory interpretation that the
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