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Shamsher. Vs. State of U.P. and Others

Court : Allahabad

Subject : Land Acquisition

The earlier discussion makes it abundantly clear that the Constitution gives a separate treatment to the subject of finance, and Art. 277 saves the existing taxes etc. levied by States it the conditions mentioned therein are complied … Act No. 9 of 1994, prior to Amendment Act No. 44 of 2007 (hereinafter referred to as Amendment Act, 2007). Section 7 provided that in every Kshetra Panchayat a Pramukh, a Senior Up-Pramukh and a Junior Up-Pramukh shall be … exercise the rights and duties of the office of Adhyaksha as Sections 82 and 83 of the Act have been omitted by the U.P. Amendment

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

Subject : Land Acquisition

Valley, Green Home, Onampalayam, Coimbator”109. culminating in Mahazar dated 1.3.2012 as being ultra vires Section 82 of the Finance Act, apart from being in excess of jurisdiction and unconstitutional. W.P.No.22902 of 2012: Writ Petition filed under Article 226 … have rendered taxable service to Larsen and Toubro Private Limited, either directly or indirectly. During the period, from 2007-08 to 2011-12, upto the month of February 2012, the companies had received a total payment of about 532

Pooja Batra Vs. Union of India (Uoi) and ors. Overruled

Court : Delhi

Subject : Customs

Acts : Conservation of Foreign Exchange and Preservation of Smuggling Act, 1974 - Sections 3, 3(2), 5(1), 7, 7(1) and 11; Customs Act, 1962 - Sections 2(39), 108, 110 and 135; Evidence Act, 1872 - Sections 73; Code of Criminal Procedure (CrPC) - Sections 39, 82, 83 and 482; Indian Penal Code (IPC) - Sections 199, 420, 468 and 471; Business Rules - Rule 3; Constitution of India - Article 22(5)

Reported in : 155(2008)DLT6

the detention order bearing F. No. 673/06/2007-CUS/VIII dated 5th December, 2007 issued by Joint Secretary (Cofeposa), Ministry of Finance, Department of Revenue against her husband Deepak Kumar @ Deepak Batra S/o Sh. Om Prakash (hereinafter referred as … respondents had to take the coercive steps under Section 7(1)(b) of the Cofeposa Act as well as under Section 82 and 83 Cr.P.C. for declaring him as a proclaimed offender. As against this, the detenu has presented himself

Total Network Sl (a Company Incorporated in Spain) (Original Responden ...

Court : House of Lords

Subject : Service Tax

this form of sales tax throughout all the member states of the EU: see Part I of the Finance Act 1972, which brought the then Directives into force in the UK following its accession to the EEC. It … the common law offence of cheating the public revenue. On 31 January 2007 the Court of Appeal allowed Total’s appeal against that order. The Commissioners … disclosed to them. 19. Mention should also be made of the provision which VATA 1994 makes for appeals. Section 82(1) provides that a reference to a tribunal is a reference to a tribunal constituted in accordance with Schedule

G.V.Matheswaran Vs. the Union of India

Court : Chennai

Subject : 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 … 20181 & 20182/2011, 20221/2011, 20380/2011, 20400/2011, 20466/2011, 22175 & 22176/2011, 25649/2011, 28061/2011, 28883/2011, 28988/2011, 29125 & 29126/2011, 30395/2011, 8223/2012, 12090/2012, 3279/2013, 7176/2013, 4516 & 4517/2012, 12035/2010, 28895/2008, 8902/2013, 11095/2013, 5110/2011, 13880/2013, 8109/2009, 20170 & 20171/2010, 933 &

M/s. Hotel Southson Pvt. Ltd., Vs. Customs, Excise Service Tax Appella ...

Court : Chennai

Subject : Service Tax

the Government of India, Ministry of Finance, Department of Revenue clarifying the provisions of Section 106(2) of the Finance Act, 2013 that if an inquiry, investigation or audit pending as on 1.3.2013 was being carried out for the … have failed to pay service tax dues for the period 1 October 2007 to 31 December 2012. In view of the said scheme, the petitioner … or not paid or short-levied or short-paid has been initiated by way of-- i. search of premises under section 82 of the Chapter; or ii. issuance of summons under section 14 of the Central Excise Act, 1944, as

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

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 … merely be creating, in Mr Rabinowitz's metaphor, a rather larger island of recovery in respect of undue tax. 82. Finally, under this head, there is the argument based on the Court of Appeal's conforming interpretation of section

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007);(vii)(vii) the additional duty leviable under section 3 of Customs Tariff Act, equivalent to the duty … otherwise requires,- (a) “capital goods” means :- (A) the following goods, namely:- (i) all goods falling under Chapter 82, Chapter 84, Chapter 85, Chapter 90, (heading 6805, grinding wheels and the like, and parts thereof falling under

Tube Investments of India Limited Represented by Its Vice President, T ...

Court : Chennai

Subject : Direct Taxation

Acts : 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 -

Reported in : (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 … Section 40(a)(ia) of the Act as beyond the legislative competence of the Union of India under Serial No. 82 of List-I of the Seventh Schedule of the Constitution of India besides being void as infringing Articles 14,

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … the Original Side of this Court being Short Cause Suit No.2667 of 2007 seeking resumption of supplies. This Court has, by an interim order dated … came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the Injunction Application of the Petitioners above-named, … upon the judgments of the Apex Court reported in (1968) 1 SCR 821 in the matter of NathatiJute Mills Ltd. v/s Khyaliram Jagannath. (vii) That