Court : Chennai
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... that the legislature intended to enact a special enactment for the purpose of levy of purchase tax with reference to sugarcane under the sugarcane act to the exclusion of such levy under the finance act. once we come to the conclusion that this is the intention of the legislation then the rule 'general provision should yield to special ..... that the provisions of sections 53 to 63 shall have the effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.42. chapter vii, consists of sections 66 to 72, dealing with the property and funds of registered societies, such as restrictions on loans and borrowings, investment of funds, ..... for deduction to be made from the salary or wages payable to him by his employer to meet the debt which he/she owes to the society.41. chapter vi, consists of sections 52 to 65, dealing with the investment by government in registered societies, government approval for purchase of shares, restrictions on amount of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad613; (1952)IMLJ557
..... and the trustee is enjoined to keep regular accounts which should be got audited by an auditor, the details of which need not be referred.chapter viii deals with finance. section 76 vests in the government the power to levy an annual contribution not exceeding 5 per cent of its income. it is stated that ..... the same manner and to the same extent as if he were a trustee, such a person also would be a trustee within the meaning of the act.chapter iii contains general provisions applicable to all religious institutions. section 20 vests the administration of all religious endowments and the general superintendence & control in the commissioner. ..... the said notification. the second respondent in the petitions as originally filed was the hindu religious endowments board, madras. when the madras hindu religious and charitable endowments act (act xix (19) of 1951), came into force on 30-9-51, the petitioners obtained leave to amend the petitions by substituting the commissioner, hindu religious and .....
Tag this Judgment!Court : Chennai
Reported in : (1996)136CTR(Mad)539; [1996]221ITR338(Mad)
..... of the ceiling limits. the state government passed the aforesaid order in the exercise of its power under section 34 of the tamil nadu urban land (ceiling and regulation) act, 1978, setting aside the order of the competent authority in his proceedings in r. dis. 652 of 1986, dated may 19, 1989. the relevant portion of the order ..... the reasons for introducing such amendment has been further stated as follows (see [1995] 212 itr 363 : 'many high courts have held that the provisions of chapter xx-c allow the income-tax department to either purchase the property or issue a no objection certificate in response to an application for no objection certificate furnished in ..... authority calls for interference 17. point no. 1 : sub-section (4) of section 269uc of the act came to be introduced by the finance act, 1995, with effect from july 1, 1995. the object of introducing sub-section (4) has been stated in the finance bill (see [1995] 212 itr 98 in specific terms (page 314) : 'the new sub-section .....
Tag this Judgment!Court : Chennai
Reported in : (1974)IILLJ530Mad
..... provided by the act, all employees in factories or establishments to which the ..... and certain other matters. the provisions in chapter ii deal with setting up of employees' state insurance corporation and its administration and chapter iii, with finance and audit of the corporation.4. section 38 in chapter iv dealing with contribution, says that subject to the provisions of the act, all employees in factories or establishments to which the act applies shall be insured in the manner .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ128
..... of a conveyance by the judge if the parties differ. such a conveyance is exempt from the payment of ad valorem stamp duty (proviso to section 6 of the english finance act, 1898) if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent to an absolute foreclosure ..... 35 of 1901 and a.a.o. nos. 48 and 156 of 1900 i.l.r. 25 m. 244 and in this case, as lo the scheme of the mortgage chapter in the transfer of property act and its relation to chapter xix of the civil procedure code, is, i venture to say, not only in strict conformity with the transfer of property ..... act which in this respect is substantially the same as the english chancery law--but also steers clear of the innumerable difficulties, as to the right of appeal, the period of .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad300
..... conveyance by the judge if the parties differ.' such conveyance is exempt from the payment of ad valorem stamp duty (proviso (b) to section 6 of the english finance act, 1898), if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent to an absolute ..... made to the full bench in mallikarjunadu setti v. lingamurti pantulu see ante p. 244 &c; and in this case, as to the scheme of the mortgage chapter in the transfer of property act and its relation to chapter xix of the civil procedure code, are, i venture to say, not only in strict conformity with the transfer of property ..... act- which in this respect is substantially the same as the english chancery law-but also steer clear of the innumerable difficulties, as to the right of appeals, .....
Tag this Judgment!Court : Chennai
Reported in : [1999]98CompCas205(Mad)
..... sold, or the company is wound up it may indeed become difficult later to restore the status quo ante. therefore, in our view, the high court of allahabad in industrial finance corporation of india v. maharashtra steels ltd. [1990] 67 comp cas 412 the high court of andhra pradesh in sponge iron india ltd. v. neelima steels ltd, [1990 ..... happen to be banks or state financial corporations different considerations would come into play. it must be realised that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for that purpose and if they are permitted to resort to independent action in total disregafd of the pending inquiry under sections ..... considering the same, it was held as follows (in para. 13) (page 10) :'on a fair reading of the provisions contained in chapter iii of act 1 of 1986 and in particular sections 15 to 22, we are of the opinion that the plea put forward by the revenue is reasonable and fair in .....
Tag this Judgment!Court : Chennai
Reported in : (1962)2MLJ499
..... really relates to the landing of goods at a place which was not declared a port for the coastal trade by the concerned authority under the sea customs act. chapter iii of the sea customs act gives power to the collector of customs to appoint ports, wharves and customs house, to declare places to be ports for the carrying on of coastal ..... a fine not exceeding rs. 1,000 on such person. clause (8) of section 167 deals with the importation or exportation of goods prohibited or restricted by or under chapter iv of the act. as already pointed out by me, the contravention complained of in this case does not fall under section 167(8) of the sea customs ..... provision relates to the importation or exportation of goods which for the time being were either prohibited or restricted by or under chapter iv of the sea customs act. there is no importation of goods in this case because muyaltheevu is indian territory and it lies three miles off the coast of ramanathapuram district. the contravention alleged in .....
Tag this Judgment!Court : Chennai
Reported in : [1996]222ITR36(Mad)
..... during the assessment years under consideration. the assessee claimed the concessional rate of tax of 55 per cent. under section 2(7)(c) of the finance (no. 2) act, 1977, and the finance act, 1978. according to the department, inasmuch as the assessee was not mainly engaged in the manufacturing activities, it cannot be considered as an industrial company. ..... out the factory and the machinery would be entitled to the concessional rate of tax under section 2(7)(c) of the finance (no. 2) act, 1977, and the finance act, 1978.6. section 2(7)(c) of the finance (no. 2) act, 1977, states as under (see : [1977]109itr1(all) : ''industrial company' means a company which is mainly engaged ..... to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the income-tax act) is not less than fifty-one per cent. of such total income.' 7. according to the facts arising in lakshmi industries (private) ltd .....
Tag this Judgment!Court : Chennai
Reported in : 1979CENCUS290D; 1979(4)ELT230(Mad)
..... as follows --'therefore, on no process of construction, this new blended yarn produced by the company could be treated as excisable item for the earlier period before the finance act of 1972, which introduce a clear unequivocal item no. 18e to cover such goods which were produced by the mixture of two or more fabrics-man-made and natural ..... in weight over any other single textile material'.he also pointed out the following passages occurring at pages 710-711 of the same book :'a textile products falling within chapters 50 to 57 composed of two or more different textiles is classified as the product of the same kind (waste, yarn, woven, fabric, etc.) of the textile ..... repayment. so far as these submissions are concerned, they seem to be answered against the revenue by the supreme court in d. cawasji v. state of mysore, : 1978(2)elt154(sc) in the following manner: --'a tax is intended for immediate expenditure for the common good and it would be unjust to require its repayment after it .....
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