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Dec 12 2012

Confederation of Real Estate Developers' Association of India (Karnata ...

Court : Karnataka

Decided on : Dec-12-2012

Subject : Service Tax

of the Constitution of India praying to declare that the provisions of finance Act, 1994 as amended by finance Act, 2010 introducing an explanation to Section 65(105) (zzq) and 65(105) (zzzh) and a new entry(zzzzu) in Section 65 (105) … on transfer of lands and buildings and therefore, the subject matter will fall within the ambit of Entry 49 of List II (State list) of the Seventh Schedule of the Constitution of India. 5.1 He further submitted

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Aug 26 2014

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

Court : Mumbai

Decided on : Aug-26-2014

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … appellant being aggrieved by the said order passed by the Tribunal had filed Central Excise Appeal no.116 of 2010 before this Court. By an order dated 18.11.2010 passed by this Court while admitting the appeal filed by … are not informed at the Bar that the judgment in BSNL (2012) 49 VST 98 (AP) has either been stayed or appealed against or the

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Dec 23 2011

Director of Income Tax Vs. Ericsson A.B.,new Delhi

Court : Delhi

Decided on : Dec-23-2011

Subject : Direct Taxation

contract..47. Section 9 (1) (i) of the Act as it stood before the amendment to it by the Finance Act, 2010 provides that income accruing or arising, whether directly or indirectly, through or from any business connection in India … This very issue has been discussed in detail by this Court in CIT Vs. Mitsubishi Corporation in ITA 491/2008. Relying upon the judgment of Bombay High Court in DIT Vs. N.G.C. Network Asia LLC, 313 ITR 187,

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Jun 20 2014

G.V.Matheswaran Vs. the Union of India

Court : Chennai

Decided on : Jun-20-2014

Subject : Service Tax

to the provisions of Section 65 (105)(zzzz) and 65(90a) of the Finance Act, 1994, as amended by the Finance Act, 2010 and Section 77 of the Finance Act, 2010 on the ground that the said provisions are illegal, arbitrary … hence, the Union Government is precluded or prohibited from enacting any law on the said subject. b Entry 49 of List II (State List) is a specifically enumerated Entry and therefore, primacy has to be given to

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Sep 23 2011

Home Solutions Retails (India) Ltd. Vs. Union of India and ors.

Court : Delhi

Decided on : Sep-23-2011

Subject : Constitution

Acts : Constitution of India - Articles 226, 246; Finance Act, 1995 - Section 65(105)(zzzz); Companies Act, 1956; Transfer of Property Act, 1882 - Section 105; Indian Easements Act

Finance Act, 2010 are produced below in a tabular form: PRIOR TO FINANCE ACT, 2010 POST AMENDMENT BY FINANCE ACT, 2010 "Section 65 (90a) "renting of "Section 65(90a) "renting of immovable property" includes immovable property" includes renting, letting, leasing, licensing … taken by the petitioners with regard to the legislative competence of the Parliament in the context of Entry 49 of List II of the Constitution of India. Such an examination has become unnecessary because of the view

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Nov 13 2019

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Decided on : Nov-13-2019

Subject : 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 … year 2006 the United Kingdom created a Tribunal Service, which was later merged with the Courts Service in 2010, resulting in the creation of a single cohesive judicial structure and service for the country. 5 Drewry, Gavin, … Bill by the Legislative Assembly alone is unacceptable.” 24 (2014) 11 SCC415 49 107. This was relied upon in Yogendra Kumar Jaiswal vs. State of … petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and

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Mar 18 2011

Dharampal Satyapal Limited. Vs. Union of India

Court : Guwahati

Decided on : Mar-18-2011

Subject : Education

negative list of ineligible industries in furtherance of such objective. It also referred to Section 154 of the Finance Act,2003 read with Schedule IX thereto vis-a-vis the products enumerated therein to and also sought to reinforce its stand

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Aug 04 2010

Gopal Rai Khemka, and ors. Vs. State of Bihar, and ors.

Court : Patna

Decided on : Aug-04-2010

Subject : Criminal

Acts : Bihar Finance Act, 1981 - Section 40(3)(d), 49; Indian Penal Code (IPC) - Section 409; riminal Procedure Code - Section 482 ; Constitution of India - Article 227

has been taken on 15.07.2010 for the offence under section 409 of the Indian Penal Code read with section 49 of the Bihar Finance Act 1981.5. Learned counsel for the petitioners mainly placing reliance on a decision of … no.3 before the Officer Incharge, Pirbahore Police Station, Patna under the provisions of section 40(3)(d) of the Bihar Finance Act, 1981 (hereinafter called the Act) read with section 409 of the Indian Penal Code.3. It is admitted case

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Dec 06 2017

Atma Ram Properties Pvt. Ltd. Vs. The Oriental Insurance Co. Ltd.

Court : Supreme Court of India

Decided on : Dec-06-2017

Subject : Land Acquisition

Acts to find out whether it is possible to construe harmoniously the provisions of Section 4 of the Finance Act and Section 49 of the Sugarcane Act……….” 19 25. In Commercial Tax Officer, Rajasthan v. Binani Cements Limited

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Jul 23 2019

Bikram Chatterji Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-23-2019

Subject : Land Acquisition

interest. Under Clause 14 of the agreement, the builder authorised itself to finance loan from any financial institution by way of mortgage/charge/securitization of receivable of … placed on the provisions contained in section 4(5) of the U.P. Apartments (Promotion of Construction, Ownership, and Maintenance) Act, 2010 (for short, the ‘U.P. Apartments Act, 2010’). It is provided that the completion of the construction works of … registration of document under the Registration Act, no rights are created in the immovable property in question under section 49 of the Registration Act.58. With respect to RERA provisions, it has been submitted by Bank of Baroda that

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