Judgment Search Results Home > Cases Phrase: finance act 1968 chapter i preliminary Year: 2002 Page 1 of about 121 results (0.183 seconds)

Duken Hengra Tea Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

..... weight/emblem or any embose affixed in the container and that will come within the brand name as per chapter 9, note 5 of the finance act, 1988-89. brand name simply means any identity mark.(iii) in interpreting the finance act, 1988-89 there is no relevancy to the earlier legislative history prior to 1998-99. in interpreting the ..... from imposition of excise duty.14. learned counsel for the petitioners makes the following four submissions:(i) in terms of chapter 9 of the tariff schedule of the central excise tariff act 1985 as amended by the finance act, 1998 there is no levy of excise duty of bulk tea removed in tea chests and by gunny bags exceeding 20 ..... 1944 defines 'excisable goods' to mean goods specified in the schedule to 1985 act as being subject to a duty of excise. 1985 act covers coffee, tea and spices and the relevant extract of that chapter prior to its amendment by the finance act, 1998 is as follows: ' heading no. description of goods rate of duty 09.02 tea, including .....

Vishwanath Prasad Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)86ITD516(All.)

..... the merits of the appeal, we feel it appropriate to decide the above preliminary issue first.12. chapter xiv-b inserted by finance act, 1995 w.e.f. 1st july, 1995 provides special procedure for assessments in search cases. section 158bc of the income-tax act provides special procedure for block assessment. where any search has been conducted under section 132 of the income ..... search.22. circular no. 717 dated 14th august, 1995 is issued by the cbdt on the subject of finance act, 1995 - explanatory notes on provisions relating to direct taxes. clause 39.3 of this circular provides salient features of the scheme provided under chapter xiv-b. the relevant clause is reproduced from this circular: where the previous year has not ended or the .....

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

..... taxes in foreign countries on a reciprocal basis. in 1991, the existing section 90 was renumbered as sub-section (1) and sub-section (2) was inserted by finance act, 1991 with retrospective effect from april 1, 1972. cbdt circular no. 621 dated 19.12.1991 explains its purpose as follows:'taxation of foreign companies and other ..... dtaas and indulge in what is popularly known as 'treaty shopping', the report says :'3.3.1 ....there is a need to incorporate suitable provisions in the chapter on interpretation of dtaas, to deal with treaty shopping, conduit companies and thin capitalization. these may be based on un/oecd model or other best global practices.'123 ..... assistant collector of central excise, bombay and ors. v. elphinshone spinning and weaving mills co. ltd. : 1973ecr6(sc) ; b. balaktaiah v. union of india and ors. (1968) scr 1052 and afzal ullah v. state of u.p. : [1964]4scr991 .is the impugned circular ultra-vires section 119 47. it was contended successfully before the high court .....

Union of India (Uoi) and ors. Vs. Pesticides Manufacturing and Formula ...

Court : Supreme Court of India

Reported in : AIR2003SC1; 100(2002)DLT323(SC); 2000(84)ECC242; 2002LC558(SC); 2002(146)ELT19(SC); JT2002(8)SC378; (2002)8SCC410; [2002]SUPP3SCR231

..... effect of the tribunal's decisionin marked agro chemicals that amendments were effectedby the finance act. 1996 to chapter 38 to incorporatestatutorily the substance of the circular which had been struckdown by the tribunal. as far as the chapter notes wereconcerned. note 1 was left untouched but note 2 wasinserted which reads ..... a form of insecticide.against that sub-heading. it is provided that it is freelyimportable/exportable "if registered and not prohibited forimport under insecticides act, 1968 and formulations thereof".similarly, 3808.90.10 provides for 'pesticides, not elsewherespecified'. it is treated as a free item under the policy " ..... ifregistered and not prohibited for import under the insecticidesact, 1968 and formulations thereof". undeniably insecticides,pesticides et. in whatever form are covered by theinsecticides act. the description demonstrates that bulkconcentrates and formulations are covered by the sub-heading'aldrin'. the use .....

Assistant Director of Inspection Investigation Vs. Kum. A.B. Shanthi

Court : Supreme Court of India

Reported in : AIR2002SC2188; 2002(2)Crimes393(SC); (2002)174CTR(SC)513; [2002]254ITR258(SC); [2002(3)JCR112(SC)]; JT2002(4)SC565; (2002)3MLJ42(SC); 2002(4)SCALE327; (2002)6SCC259; [2002]

..... the order of the learned single judge. thejudgment of the division bench is now challenged before us in this appeal.3. section 269ss was inserted in the income tax by finance act 1984 with effect from 1.4.1984, but the same was made operative from 1.7.1984. the income tax department, in course of searches carried out by them from ..... of lenders, the class consisting of borrowers can be said to be in a position to evade tax by adopting the device, for curbing which provisions have been made in chapter xx-b by inserting section 269ss and other sections.'12. in view of the aforesaid circumstances, we do not think that section 269ss is, in any way, violative of article ..... legislation should be made. of course, it should stand the test of constitutional validity.8. a constitution bench of this court in s.k. dutta, ito v. lawrence singh ingty : [1968]68itr272(sc) held:'it is not in dispute that taxation laws must also pass the test of article 14. that has been laid down by this court in moopil nair .....

Ghodawat Pan Masala Products (i) Ltd. and anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)

..... excise duty 2404.49panmasala containing tobacco18 per cent the petitioners claim that they have been paying excise duty under chapter sub-heading 21.06 of tariff act. the finance act, 2001 has put 'pan masala containing tobacco' under chapter 24 of tariff act. entry 2404.49 sets out that the basic rate of duty is 16 per cent and additional duty ..... . while upholding the levy, the learned judges referred to the following observations made by the supreme court in state of madras v. n.k. nataraja mudaliar : [1968]3scr829 : 'not much argument is needed to show that the power to tax is essential for the maintenance of any governmental system. taxes are levied usually for the ..... only an indirect effect on trade and commerce. reference may be made to the constitution bench judgment in andhra sugar ltd. v. state of andhra pradesh : [1968]1scr705 , wherein the supreme court observed that normally a tax on sale of goods does not directly impede the free movement of transport. see also the observations in .....

B. Raghurama Prabhu Estate, Executrix Smt. M. Kaveri Bai and ors. Vs. ...

Court : Karnataka

Reported in : (2003)180CTR(Kar)87; [2003]264ITR124(KAR); [2003]264ITR124(Karn)

..... 'income from capital gains', 43. in order to overcome the above judicial interpretation of the apex court, by the finance act, 1987, which came into force w.e.f. 1st april, 1988, section 55(2)(a) of the act was amended providing that cost of acquisition in the case of self-generated goodwill will be taken to be nil. ..... can be reasonably valued for ascertaining their respective cost of acquisition, then by resorting to statutory parameters and mode of calculation devised under the head 'capital gains' in chapter iv, the gains so computed can always be brought to tax. this aspect of law has been considered and declared to this effect by the supreme court in ..... have been acquired for the firm.' 22a. in the case of cit v. devias cine corporation : [1968]68itr240(sc) , the supreme court, in recognition of the concept that partnership can hold the property, has held that, 'under the partnership act, 1932, property which is brought into the partnership by the partners when it is formed or which may .....

Bireswar Sirkar Vs. Collector of Central Excise and ors.

Court : Kolkata

Reported in : (2003)2CALLT523(HC),2003(162)ELT1170(Cal)

..... was issued by the collector of customs and central excise who were gold control officers, but because of certain amendments in the central excise and salt act, 1944 in the finance act 2 of 1995 the designation of the collector of central excise and customs have been re-designation as the commissioner. therefore, the contention of the learned ..... adjudicating authorities and in that the collector of customs and central excise were designated as authorities to adjudicate the offences committed under the defence of india act, 1962, and gold control act, 1968. therefore, notice was issued by the collector of customs and central excise, calcutta and orissa. all the authorities who were working as the collector ..... not manifest an intention contrary to, and inconsistent with, the saving of the repealed provisions of section 5 (6a) and chapter iii-b of 1955 act so far as pending cases are concerned and that the rights accrued and liabilities incurred under the old law are not affected. the right of .....

Bata India Limited Vs. Employees' State Insurance Corporation and Ors. ...

Court : Kolkata

Reported in : (2003)IIILLJ716Cal

..... notwithstanding the fact that the main factory at asanol was not covered by the act of 1948, but the employees under chapter iv, who were working at calcutta, would be treated to be employees under the inclusive definition of 'employee' in section 2(9) of the ..... factory was at asansol, the employees in head office would be the 'employees' within the meaning of section 2(9) of the act. the reason given by the special bench of this court was that chapter v-a came into operation in the whole of india except jammu & kashmir on november 24, 1951. therefore, their lordships observed that ..... 1948. even after the amendment of the definition of the word 'employee', which has been brought about in 1968, they are not entitled to subscribe under the provisions of the employees' state insurance act.5. as against this, learned counsel for esi authorities, submits that this question is no more res integra as the special bench of .....

Chauhan Dhulsinh Chatursinh Vs. District Superintendent of Police and ...

Court : Gujarat

Reported in : (2002)3GLR778

..... has caused grave prejudice to the petitioner. i do not see any merit in this contention for two reasons. first reason is that section 26 under chapter iii of the act deals with procedure to be observed in awarding punishment. it reads as under :- '26. procedure to be observed in awarding punishment :- when any ..... no. 1329 of 1981 decided on 18th march, 1998 quashed the punishment of dismissal from service imposed upon the delinquent for violating the provisions of bombay prohibition act and instead awarded the punishment of compulsory retirement, but no back-wages. while imposing the punishment of compulsory retirement, this court directed the respondents of that ..... the petitioner was pending in the court of the learned judicial magistrate, first class, at prantijfor committing offence under section 145(3) of the bombay police act, the matter was sub-judice. it may incidentally be noted that for remaining absent without authority, the petitioner was prosecuted in the court of the aforesaid .....