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Eyelite Optical Industries Vs. Commissioner of Cus.

Court : Karnataka

Subject : Customs

Acts : Customs Act, 1963 - Sections 87, 87(J) 88, 89, 95, 111, 112 and 124; Finance (No. 2) Act, 1998 - Sections 86 and 95; Customs Act, 1962; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Constitution of India - Article 14

Reported in : 2000(71)ECC499; 2000(121)ELT593(Kar)

was wrong in presuming that the show cause notice means only a written show cause notice. That even Section 95 of the Finance Act (No. 2), 1998 does not restrict the applicability to the scheme, not covered by … filling the write petition the matter was pending at that stage.7. In the meantime Section 86 of the Finance (No. 2) Act, 1998 introduced the scheme called 'Ka-- Vivad Samadhan Scheme'. The Scheme is an offer by the Government for settling

Manibhai Prabhudas Patel and anr. Vs. L.K. Koolwal, Designated Authori ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 155, 155(1), 245D, 245D(1) and 246A; Finance (No. 2) Act, 1998 - Sections 95

Reported in : (2002)177CTR(Guj)386; [2002]258ITR308(Guj)

determined pursuant to an order under Section 245D(4) of the Income-tax Act.(ii) Sub-clause (b) of Clause (i) of Section 95 of the Finance (No. 2) Act, 1998, holds that the provisions of the Kar Vivad Samadhan Scheme do … February 23, 1999, respectively, passed by the designated authority rejecting the petitioners' declaration-filed under Section 89 of the Finance (No. 2) Act, 1998, The said declaration was filed by the petitioners under the Kar Vivad Samadhan Scheme, 1998 (hereinafter referred to

Deval Sales Corporation Vs. Commissioner of Income Tax and anr.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 143(3), 249, 249(4), 264 and 264(4); Finance (No. 2) Act, 1998 - Sections 95(1); Wealth Tax Act

Reported in : (2008)218CTR(Guj)282

date of filing of declaration for the abovementioned assessment year, as is required under Section 95(1)(c) of the Finance (No. 2) Act, 1998. Accordingly, for the abovementioned assessment year stands dismissed as infructuous.3. On behalf of the petitioner the learned advocate

Mecpro Heavy Engineering Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Excise

Acts : Central Excise & Salt Act, 1944 - Sections 6 and 11A(2); Central Excise Rules, 1944 - Rules 9(1), 49, 52A, 53, 173(B, C, F, G), 174 and 226; Finance (No. 2) Act, 1998 - Sections 87, 88, 89, 90(1) and 95; Narcotics Drugs and Psychotropic Substances Act, 1987; Prevention of Corruption Act, 1988; Prevention of Smuggling Activities Act, 1974; Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992

Reported in : 2001(59)DRJ99; 2001(76)ECC766

not disqualified in any manner from making a declaration under the Scheme with reference to the provision of Section 95 of Finance (No. 2) Act, 1998.'3. Petitioner's stand is that after acceptance of the declaration, the respondents were … it had made a declaration in terms of Kar Vivad Samadhan Scheme, 1998 (in short, the Scheme)(Chapter-IV OF Finance (No.2) Act, 1998 (in short, the Finance Act).2. After such declaration there was no scope for any demand as has

Shatrushailya Digvijaysingh Jadeja Vs. Commissioner of Income-tax

Court : Gujarat

Subject : Direct Taxation

Acts : Finance (No. 2) Act, 1998 - Sections 86, 87, 88, 89, 90, 93, 95 and 98; Income-tax Act, 1961 - Sections 140A and 264; Wealth-tax Act, 1957

Reported in : [2003]259ITR149(Guj)

India promulgated the Kar Vivad Samadhan Scheme (hereinafter referred to as 'the Scheme' or 'the KVSS') through the Finance (No. 2) Act, 1998, as contained in Sections 86 to 98 of the said Act. The scheme came into force from September … years merely for taking the benefit of the KVSS cannot be treated as pending revisions as provided in Section 95(i)(c).12. Rejoinder affidavit has also been filed by the petitioner. 13. At the hearing of the petition, Mr. K.H.

Gopal Films Vs. Deputy Commissioner of Income-tax and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 264; Constitution of India - Article 226; Finance (No. 2) Act, 1998 - Sections 88, 95 and 143(1)

Reported in : (1999)155CTR(Kar)428; ILR1999KAR1857; [1999]237ITR655(KAR); [1999]237ITR655(Karn)

Vivad Samadhan Scheme, 1998 ('the Scheme', for short), was introduced with effect from September 1, 1998, by the Finance (No. 2) Act, 1998, for settling tax arrears, locked in litigation, at a substantial discount. Section 88 enables any person to make … to be made after September 1, 1998, and before December 31, 1998 (later extended to January 31, 1999). Section 95 of the Scheme provides that the Scheme will not apply in certain cases. Section 95(i)(c) makes it clear

Hira Lal Hari Lal Bhagwati Vs. C.B.i., New Delhi

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Code of Criminal Procedure (CrPC) - Sections 245 and 482; Constitution of India - Article 227; Indian Penal Code (IPC), 1860 - Sections 120B, 166 to 177 and 378 to 462; Customs Act, 1962 - Sections 28, 111, 112A and 130E; Finance (No. 2) Act, 1998 - Sections 90(2), 90(4) and 91; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorists and Disruptive Activities (Prevention) Act, 1987; Prevention of Corruption Act, 1988

Reported in : AIR2003SC2545; 2003(2)ALD(Cri)292; 2003(2)ALT(Cri)142; 2003(51)BLJR1697; 2003CriLJ3041; 2003(3)CTC356; (2003)182CTR(SC)1; 104(2003)DLT699(SC); 2003(87)ECC473; 2003(155)ELT4; (2003) 5 SCC 257

Our attention was also drawn to the Text of the Kar Vivad SamadhanScheme, 1998, under Chapter IV of Finance (No.2) Act, 1998. Our attention wasalso drawn to Sections 86 to 98 of the said Scheme which are relevant for thepresent … on 19.7.1999 by the Commissioner of Customs (Adjudication) &Designated; Authority (KVSS-98). It is also to be noticed that Section 95 of the KarVivad Samadhan Scheme, 1998 provides that the provisions of this Scheme shallnot apply in certain cases.

Amar Steel Industries Vs. Commissioner of Customs

Court : Kolkata

Subject : Customs

Acts : Finance (No. 2) Act, 1998 - Sections 87 and 95

Reported in : 1999(113)ELT33(Cal)

there is no show cause notice or notice of demand within the meaning of Section 95(ii)(b) of the Finance (No. 2) Act, 1998.4. In each of the cases the writ petitioners paid the basic duty on the imported ships which

Mangilal S. JaIn Vs. Commissioner of Income-tax and anr.

Court : Karnataka

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 139(8), 140A, 140A(1), 158BFA, 215, 216, 217, 220(2), 234A, 234B and 234C; Finance (No. 2) Act, 1998 - Sections 87, 88 and 95

Reported in : ILR2003KAR2066; [2002]257ITR31(KAR); [2002]257ITR31(Karn)

crux of the scheme is reference to pending litigation. It is evident from the provisions of the scheme (Section 95 of the Finance (No. 2) Act, 1998) that the benefit of the scheme would apply only where an … 'KVS Scheme' for short), was brought into force on September 1, 1998, as per Chapter IV of the Finance (No. 2) Act, 1998 ('the Finance Act' for short). The appellant filed a declaration under the said scheme, under Section 89 of

Malwa Texturising (P) Ltd. Vs. Cit

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : (2006)204CTR(MP)555

s.90 In the High Court of Madhya Pradesh : Indore Bench A.K. Patnaik, C.J. & N.K. Mody, J. Finance (No. 2) Act, 1998, section 90 In favour of : Assessee; Block period : A.Y. 1994-95 to 20-11-1995 -