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In Re: Universities
Authority for Advance Rulings
Feb-25-2005
Direct Taxation
(2005)194CTRAAR289
Tax Act, 1961 - Sections 45(1), 48, 112, 112(1), 115I, 115O, 115AD, 115AD(3) and 245(1); Finance Act, 1999; Finance (No. 2) Act, 2004; Securities Contracts (Regulation) Act, 1956 - Section 2Union of India v. A. Sanyasi Rao, Appeal (Tribunal)--PROCEDUREReversal of order
Tag this Judgment! AI Brief & AskUniversities Superannuation Scheme Limited as Trustee of Universities ...
Authority for Advance Rulings
Feb-25-2005
Land Acquisition
following proviso shall be inserted in clause (ii) of sub-section (I) of section 115AD by the Finance (No.2) Act, 2004, w.e.f. 1.4.2005: Provided that the amount of income-tax calculated on the income by way of short-term capital gains … income earned by an FII, and apply the normal provisions of the Act viz., section 48 read with section 112 allow the benefit of indexation, for computing the capital gains/losses arising to it from its investment activities in
Tag this Judgment! AI Brief & AskCairn Uk Holdings Limited Vs. Director of Income-tax
Delhi
Oct-07-2013
Land Acquisition
respect of any sum paid on account of securities transaction tax under Chapter VII of the Finance (No.2) Act, 2004. Explanation.-For the purposes of this section,- (i) ―foreign currency‖ and ―Indian currency‖ shall have the meanings respectively assigned … of equity shares of CIL will be 10% of the amount of capital gains as per proviso to Section 112(1) of the Act?.‖ 5. The case of the petitioner was that under proviso to Section 112(1) they are
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M/S. Central Cables Limited and Others Vs. the Union of India, Through ...
Mumbai Nagpur
Jan-27-2014
Land Acquisition
of 2011 (M/s. GMMCO Limited vs. Union of India thr. Ministry of Finance, New Delhi and Ors.) is also pressed into service. Lastly, it is … DurgaEnterprises (P) Ltd. vs. Principal Secretary, Government of Uttar Pradesh, reported at 2004 Law Suit (SC) 971, ZuariEstate Development and Investment Co. Pvt. Ltd. vs. … Managing Director personally and Rs.15,000/- on Purchase Officer of Petitioner No.1 “ Company. The Managing Director is Petitioner No.2 before this Court while the Purchase Officer is Petitioner No.3. Respondent No.1 is the Union of India while … lieu thereof, in addition to payment of appropriate duty. He imposed penalty of Rs.35,000/- on petitioner No.1 under Section 112(a) of the Act, of equal amount on Managing Director personally and Rs.15,000/- on Purchase Officer of Petitioner No.1
Tag this Judgment! AI Brief & AskRajeev Suri Vs. Union Of India
Supreme Court of India
Jan-05-2021
Land Acquisition
provided in the tender document which is not only arbitrary but also violative of Rule 182 of General Finance Rules, 2017 which envisages for an estimation of reasonable expenditure. It is submitted that consultation NIT sought to … PETITION (CIVIL) No.922/2020 WRIT PETITION (CIVIL) No.1041/2020 1 JUDGMENT A.M. Khanwilkar, J.TABLE OF CONTENTS S.No.TOPIC PARAS1 Introduction 1 2. Objectives of the Project 2-10 3. Proceedings and Contentions of the 11-123 Parties Consideration 4. Rule of Law … and (xiv) To preserve the built heritage by not undertaking aggressive reconstruction activity on graded heritage structures on which only minimum renovation measures are permissible … 229 d) Procedure during decision- 230-265 making process and Public Hearing under Section 11A e) Quasi Legislative Function 266-273 f) Post change in land use … 3 SCC868(paras 7 and12) 32 (2019) 15 SCC401(para 112.8) 33 2009 SCCOnline Del 3836 (paras 31 and32)
Tag this Judgment! AI Brief & AskCommissioner of Customs, Mumbai Vs. M.M.K. Jewellers and anr.
Supreme Court of India
Mar-11-2008
Customs
Customs Act, 1962 - Sections 11A, 18, 28, 28AB, 28(1), 28(2), 28(3), 72(1), 108, 111, 112, 114, 114A, 130E, 135, 135A, 140 and 143(3); Finance Act, 2000
2008(127)ECC1; 2008(153)LC1(SC); 2008(225)ELT3(SC); 2008(4)SCALE417; (2008)5SCC617; 2008AIRSCW2353
below in the 'Table' to clause 10 of Notification No. 177/94 and as clarified by the Ministry of Finance vide letter F.No. 305/91/94FTT dated 11.10.1994.No further loss is permitted on the repairs of the imported products as … the sake of convenience, the facts of Civil Appeal Nos. 813-814 of 2004 are recapitulated as under:The respondent M/s M.M.K. Jewellers is a unit in … as indicated above and thus rendered themselves liable for penal action under clauses (a) and (b) respectively of Section 112 of the Customs Act, 1962 and also the mandatory penalty under Section 114A of the said Act.7. Now,
Tag this Judgment! AI Brief & AskMacintosh Finance Estates Ltd. Vs. Additional Cit
Income Tax Appellate Tribunal ITAT Mumbai
Feb-27-2006
Direct Taxation
Tribunal order in this case was passed on 14-1-1999 whereas Section 14A was inserted with retrospective effect by Finance Act, 2001 and hence Section 14A was not available before the Tribunal. In view of above discussion, we … opportunity of being heard to the assessee. This ground is partly allowed for statistical purposes.8. As per ground No. 2, it is contended that the interest expenses incurred for holding shares as investment be added to the cost … 58, 64, 84, 90 and 96 and also to pages 108 to 112 of Paper Book-I. It was contended that interest should be allowed to … its own stock and on sale of the same in assessment years 2004-05 and 2005-06, the income is offered to tax as business income and
Tag this Judgment! AI Brief & AskDbs Bank Ltd, Mumbai Vs. Assessee
Income Tax Appellate Tribunal ITAT Mumbai
May-17-2013
Direct Taxation
consider it expedient to note that the above quoted proviso to section 92C(2) has been substituted by the Finance (No.2) Act, 2009 w.e.f. 1.10.2009 with two provisos. The first proviso states that : Rs. Provided that where
Tag this Judgment! AI Brief & AskShree Rajasthan Texchem Ltd. and ors. Vs. Union of India (Uoi) and ors ...
Rajasthan
Mar-26-2008
Excise
2008(229)ELT50(Raj)
the facts and circumstances of the case, the Tribunal was right in coming to the conclusion that under Section 112(2)(b) of the Finance Act, 2000 interest can be levied even without there being adjudication of show cause notice,
Tag this Judgment! AI Brief & AskThe Lakshmi Vilas Bank Limited Vs. the Commissioner of Customs
Chennai
Nov-06-2006
Customs
Income Tax Act - Sections 131 and 132A; Customs Act - Sections 111, 112, 124, 125, 128, 129A, 129DD and 130E; Indian Penal Code; Constitution of India - Articles 32 and 226
2007[6]STR216
The above appeal is directed against the Final order No. 397 of 2004 dated 22.4.2004 passed by the Customs, Excise and Service Tax Appellate Tribunal, … for undervaluation of the goods attracting Section 111 of the Act and also proposed to impose penalty under Section 112 of the Act.2.4. When the Income-tax authorities proposed to seize the goods lying with the customs authorities at … herein, viz., the Lakshmi Vilas Bank Limited, also put forward a claim contending that inasmuch as it had financed the said importer, the appellant Bank is entitled to be repaid. In the face of these rival claims,
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