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Commissioner of Income Tax Vs. Shambhu Mercantile Ltd.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(34), 94(7) and 143(2); Finance Act, 2001; Finance (No. 2) Act, 2004

Reported in : (2009)224CTR(Del)499; [2009]183TAXMAN251(Delhi)

Section 94(7) of the Act as it stood prior to the amendment carried out by the Finance Act No. 2, 2004 w.e.f. 1st April, 2005. The relevant provision reads as follows:Where(a) any person buys or acquires any securities

Maruti Suzuki Ltd. Vs. Commissioner of Central Excise, Delhi-iii

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985; CENVAT Credit Rules, 2002 - Rules 2, 3(1), 6, 6(1) and 14; Additional Duties of Excise (Textile and Textile Articles) Act, 1978 - Sections 3, 3(2), 4 and 4(2); Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Sections 3; Finance Act, 2001 - Sections 65, 66 and 136; Provisional Collection of Taxes Act, 1931; Finance Act, 2003 - Sections 157; Customs Tariff Act - Sections 3; Provisional Collection of Taxes Act, 1931; Finance (No. 2) Act, 2004 - Sections 91, 93, 95; Central Excise Rules, 2000 - Rules 3(1), 7, 9 and 16(2); CENVAT Credit Rules, 2004

Reported in : 2009(168)LC87(SC); 2009(240)ELT641(SC); JT2009(11)SC8; 2009(11)SCALE446; (2009)9SCC193; [2009]18STJ323(SC); [2009]22STT54; 2009(7)LC3257(SC)

of 2001);(vi) the Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance (No. 2) Act, 2004 (23 of 2004);(vii) the additional duty leviable under Section 3 of the Customs Tariff Act, equivalent to the … 31st July, 2001 [G.S.R.565(E), dated the 31st July, 2001], No. 56/2002-Central Excise, dated the 14th November, 2002 [G.S.R. 764(E), dated the 14th November, 2002], No. 57/2002-Central Excise, dated 14th November, 2002 [G.S.R.765(E), dated the 14th November, 2002]

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Subject : Direct Taxation

from 2006-07. We, however, do not subscribe to the view so canvassed by the assessee. The Finance (No.2) Act 2004 has brought an amendment in Section 40 of the Act making it applicable w.e.f. 01/04/2004 (sic)8. Since this … the order so passed by the Assessing Officer, the assessee-appellant preferred an appeal before the Commissioner of Income 7 Tax (Appeals)6, being Appeal No.183 of 2007-08, that was considered and dismissed on 15.01.2008. 6.1. The CIT(A) re-examined

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Subject : CompanyCriminal

Acts : Income Tax Act, 1961 - Sections 232(3), 232(3)(1), 276B, 276C, 277, 278 and 278B; Indian Penal Code (Amendment) Bill, 1972; Finance (No. 2) Act, 2004 - Sections 35HA(3); Wealth Tax Act, 1957; Indian Penal Code (IPC) - Sections 7, 11, 62, 417 and 420; Foreign Exchange Regulation Act, 1973 - Sections 56(1); Monopolies and Restricted Trade Practices Act, 1969 - Sections 48A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235; Monopolies and Restricted Trade Practices (Amendment) Act, 1984 ; Foreign Exchange Regulation Act, 1973 - Sections 13, 19(1), 44(2), 18(1), 18A, 50, 51, 56, 57 and 58; Companies Act, 1956; Suppression of Immoral Traffic in Women & Girls Act, 1956 - Sections 3(1); Prevention of Food Adulteration (Amendment) Act No. 34 of 1976; Employees Provident Fund Act; Genera

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457; (2005) 4 SCC 530

on 16th September, 2003. Section 278B was promptly amended by Parliament by insertion of sub-section (3) by the Finance (No. 2) Act, 2004 w.e.f. 1.10.2004. The inserted sub-section (3) reads as under:'278B (3) Where an offence under this Act has been … Court in Delhi Municiaplity v. J.B. Bottling Company considered a similar question. The respondent-company was found guilty under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, and was fined rupees five thousand. The

The Commissioner of Income Tax, Central-i Vs. M/S. JaIn Housing and Co ...

Court : Chennai

Subject : Land Acquisition

jurisdiction under Section 263 of the Income Tax Act. However, pointing out to the insertion of Explanation in Finance No.(2) Act of 2004, effective from 1.4.2005, and prior to this amendment, there was no obligation on the … is now on appeal questioning the order of the Tribunal on the question of furnishing of completion certificate. 7. Learned counsel appearing for the assessee pointed out that the requirement regarding furnishing of the completion certificate to

In Re: Ritesh Polysters Limited a

Court : Company Law Board CLB

Subject : Company

Reported in : (2005)123CompCas348

applicants was issued for the purpose of the said public issue of shares with the objects to part finance the Company's diversification project for manufacture of cotton fabrics and setting up of texturing and twisting plant for … any authority and the Company has been working smoothly for the past 7 years. The violations neither affected adversely the interests of the Company or … the financiers who bailed out the issue. While the equity share capital of the promoters would be Rs. 225 lakhs, the Company had received only Rs. 35 lakhs towards promoters contribution. Thus, the applicants are guilty of … M/S Ritesh Polysters Limited ('the Company') under Section 621A of the Companies Act, 1956 ('the Act') has been forwarded to this Bench by the Registrar

M/S Santani Sales Organisation vs.central Excise, Customs and Service ...

Court : Delhi

Subject : Excise

the C.E. Act, does not apply to service tax appeals preferred under Sections 85 and 86 of the Finance Act, 1994.5. In view of the limited controversy and question for consideration, we need not refer to the … 6 of the Cenvat Credit Rules, 2001 or the Cenvat Credit Rules, 2002 or the Cenvat Credit Rules, 2004.” Section 35F requires mandatory deposit of specified percentage of duty demanded or penalty imposed before filing an appeal and … NEW DELHI + WRIT PETITION (CIVIL) No.4551/2017 Reserved on :16. h February, 2018 Date of decision:31. t May, 2018 M/S SANTANI SALES ORGANISATION ........ Petitioner … of 10% of the duty and penalty in dispute, over and above 7.5% pre-deposit made for filing of first appeal before the Commissioner (Appeals). W.P.

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 … has to continuously supply special components to the Petitioner No.1. In April 2004 the period of the Technical Know-How Agreement expired, however, the Respondent No.1 … have to be decided by the Arbitral Tribunal. That since the agreement has been signed, the requirement under Section 7 of the Indian Arbitration Act is satisfied. For the said purpose the learned Senior Counsel relied upon the … have been filed invoking the Writ Jurisdiction of this Court under Article 227 of the Constitution of India challenging the order dated 27th August 2009

Commissioner of Income Tax Ii Amritsar Vs. …..Respondent

Court : Punjab and Haryana

Subject : Direct Taxation

143(1) of the Act. The Assessing officer received information from Additional Director of Income Tax (Investigation) that various finance companies managed and controlled by Shri Kapil Aggarwal and Shri V.K.Umat, Chartered Accountants of Amritsar were involved in … ITA No.505 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.505 of 2009 (O&M) Date … 2009.2. ITA No.505 of 2009 has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short, “the Act”.) against … AND HARYANA AT CHANDIGARH ITA No.505 of 2009 (O&M) Date of decision:17. 7.2014 Commissioner of Income Tax II Amritsar ……Appellant Vs. M/s Mehak Finvest Pvt.

Commissioner of Income-tax Vs. Leather Trends (P) Ltd.

Court : Allahabad

Subject : Direct Taxation

Reported in : [2010]320ITR114(All)

appearing for respondent-assessee.3. Relying on the provisions of Section 142A of the Act which was inserted by the Finance (No. 2) Act, 2004, with effect from November 14, 1972, the learned standing Counsel submits that the Tribunal committed an error of