Court : Andhra Pradesh
Reported in : 2009[13]STR350
..... rules made thereunder. according to them, very nature of transaction stands quite apart. in support, the petitioners referred to various provisions of the said act.3. under chapter v of the finance act, 1994, the first respondent for the first time, imposed the levy of service tax on rendition of service by the provider of service to the ..... receiver. sub-clause (12) of section 65 of the said act, defines 'banking and other financial services' and sub-clause (5) thereof refers to ' ..... explanation. therefore, be it an asset management or cash management, both expressions strictly speaking did not find place in the definition clauses under any of the finance acts. it does not include or exclude the chit transaction or business specifically. there cannot be any dispute that the very nature of business and transaction under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)186CTR(AP)451; 2005(185)ELT236(AP); 2006[3]STR565
..... and in violation of articles 14 and 19(1)(g) of the constitution of india. therefore, the petitioners challenged the constitutional validity of chapter v of finance act, 1994 as amended by finance act, 1997 and finance act, 2000 insofar as levy of service tax on persons like the petitioner at the rate of 5%, is concerned.4. the respondents in ..... of trucks and for the purposes of use of trucks, the fuel is also arranged by transporters. the act of transport does not merely involve personal services of transporters but also vehicles and fuel. chapter v of the finance act, 1994 provide for levy of service tax on utilisation of transport services by the petitioners. it was ..... amended by finance act of 1997 and by virtue of it, service tax of 5% on the amount of freight is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002ACJ1846; AIR2002AP441; 2002(4)ALT525; 2002(3)CTC385
..... rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. 37. section 2(b) of the interest act, 1978 (act no.14 of 1978) defines 'current rate of interest' as under:'current rate of interest' means the highest of the maximum rates at which interest may be paid on ..... or bodily injury to any person gives rise to claim for compensation under this act and also under the workmen's compensation act, 1923, the person entitled to compensation may without prejudice to the provisions of chapter x claim such compensation under either of those acts but not under both. 42. the section, therefore, gives an option to ..... considering english and indian decisions in the light of section 21-a of the banking regulations act, 1949 as also circulars issued by the reserve bank of india held that the concept of compound interest was strange to agricultural financing and the bank had no power to charge compound interest. dismissing the appeal and upholding the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALT134
..... interest has also been made by the parliament under the several statutes, as for examine (sic. example), code of civil procedure, interest act 1978, usurious loans act, sale of goods act, debt relief laws etc. whenever courts and tribunals are constituted in terms of entry 11-a of the list iii of seventh schedule ..... the president has promulgated the industries (development and regulation) amendment ordinance, 1984 (1 of 1984) making specific provision in the industries (development and regulation) act, 1951, empowering the government to-(a) specify the requirements to be complied by an industrial undertaking to enable it to be regarded as an ancillary or ..... undertaking' and 'small scale industrial undertaking', there cannot be any doubt that small scale industrial undertaking would also come within the purview of the said act in relation to matters enumerated in the first schedule appended thereto.53. the private respondents in all these cases are manufacturers of acr conductors, 80% .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD253; 2001(2)ALT570; (2003)179CTR(AP)177
..... the appropriate authority has two options, viz., either to grant noc or to order purchase of property by the central government. chapter xx-c containing sections 269u to 269uo was inserted by the finance act, 1986 providing for purchase by the central government of immovable properties in certain cases of transfer in replacement of the provisions of ..... delhi high court (see : [1991]188itr623(delhi) ), as follows (page 446 of 230 itr): 'sub-section (4) was inserted in section 269-uc by the finance act, 1995, with effect from july, 1, 1995. section 269-uc, as it stood before the said amendment of 1995, came up for consideration before the various highcourts. ..... is a fit case where the respondent-appropriate authority be directed to issue noc to the petitioners.18. in mohinder singh gill v. chief election commissioner : [1978]2scr272 , the supreme court has opined:'when a statutory functionary makes an order based on certain grounds, its validation must be judged by the reasons so mentioned .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1979(4)ELT307(AP)
..... 1951 by paying the duty in accordance with the rate prescribed in bill no. 13 of 1951 i.e. at the rate of 8 annas. but, because of the finance act which had retrospective effect from 1-3-51, the rate payable by the petitioner therein was 14 annas per lb. in those circumstances, the central excise authorities made a demand ..... duty paid by him on the purchase of stators and rotors was being deducted from out of the duty payable on the electric fans manufactured by it. because of the finance act, 1969 placing the stators and rotors under entry 30, the petitioner became ineligible for the said facility under rule 56a (and the said deduction) because of sub-clause (a ..... of central excise duty, having been mentioned in entry 33 of schedule i to the central excises and salt act, 1944 (hereinafter referred to as 'the act'). stators and rotors also were mentioned under the same entry 33 until 1-3-1969. the finance act, 1969, however took them out of entry 33 and placed them under entry 30. it may be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT297
..... on interest cannot be said to be against the public policy of india. equally disallowing interest by the arbitrator, who is a court as defined under interest act, 1978 restricting the interest for a specified period cannot be said to be against the public policy of india.47. once the arbitrator rectified the typographical mistake of date ..... arbitrator to correct such errors on its own and can also interpret the award. point no. 1 is accordingly answered.point no. 2:23. chapter vii of the arbitration and conciliation act, 1996 contains only one section, which deals with application for setting aside the arbitral award. the scope of the court's interference in setting aside ..... with finality of arbitral awards, which substantially corresponds to rule 7 of schedule i to the act of 1940; (2) section 58(1) of english arbitration act, 1996 and (3) article 31(1) of the uncitral model law, subject to chapter-vii and the same shall be binding on the parties thereto and the persons claiming under them .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD563; 2000(1)ALT558
..... in indian aluminium's case (supra), it was a case where kerala state electricity board consequent on amendment made to the central excise and salt act, section 36 of finance act imposing central excise on kerala electricity become liable to pay excise duty. to replenish the additional financial burden, the government in exercise of the power ..... of the constitution today taking into account the accrued or acquired rights of the parties today. the government of gujarat brought an amendment to gujarat panchayats act, 1978 by which the secretaries, officers and servants of gram and nagar panchayats who were allocated to the panchayat service from the ranks of the ex-municipal ..... the defect pointed out by the court in the previous law by bringing appropriate changes in law provided it is not inconsistent with the provisions of the chapter hi of the constitution.14. the learned counsel for the petitioners submit that the ordinance was invalid and it has the nullifying effect of the judgment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD372; 2008(5)ALT115
..... which enables termination of government servant ignoring article 311(2) of constitution would be unconstitutional. union of india v. tulsiram patel : (1985)iillj206sc 13. part xiv chapter i of constitution of india deals with 'services under the union and the states'. articles 309, 310 and 311(2) form omnipotent trinity encompassing all aspects of recruitment ..... that are grouped together from others. the latter requires the state to substantiate that differentia has rational relation to the object sought to be achieved by the act.parent act inter alia applies to all persons appointed to public services and posts in connection with the affairs of the state (sub-section (2) of section 1 ..... no material by way of guidelines laid down by the high court or the government is placed before us.in state of uttar pradesh v. chandra mohan : (1978)illj6sc , rule 16(3) of all india services (death-cum-retirement benefit) rules, 1958, which empowered the central government to retire ias/ips etc officers .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALT808
..... the trade name of 'sanchaita investments' in prize chits and money circulation scheme in violation of section 3 of the prize chits and money circulation schemes (banning) act, 1978.in para-66 of the judgment, it is held:whether an offence has been disclosed or riot must necessarily depend on the facts and circumstances of each particular ..... a registered partnership firm consisting of three partners with a share capital of rs. 7,000/-. in the year 1975 the said firm started its business in finance and investments. on a report given by the commercial tax officer concerned, fir was registered with the allegations that the firm had been offering 48% interest which ..... salient features thereof.analysis;16. a study group constituted by the reserve bank of india made an in-depth examination of the provisions of chapter-iii-b of the reserve bank of india act, 1934 and submitted its report with the recommendations that prize chits or money circulation scheme, by whatever name called, should be banned .....
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