Judgment Search Results Home > Cases Phrase: finance act 1979 schedule i first schedule Sorted by: recent Court: kerala Page 1 of about 135 results (0.072 seconds)

Recovery Officer and Assistant Provident Fund Commissioner Vs. Kerala ...

Court : Kerala

Reported in : [2002(95)FLR1024]; (2002)IIILLJ643Ker

..... company judge allowed these applications on the specific condition that the corporation should undertake to discharge its liability due to the workers under section 529-a of the companies act and also inform the official liquidator by advance notice about the proposed sale of the company's properties and further obtain the company court's permission before finalising the tender ..... provisions of sub-section (1), if any amount is due from an employer, whether in respect of the employee's contribution deducted from the wages of the employee or the employer's contribution, the amount so due shall be deemed to be the first charge on the assets of the establishment, and shall, notwithstanding anything contained in any other law, for the time being in force, be paid in priority to all other debts. ..... was further held that the charge created under section 11-aaaa of rajasthan sales tax act over the property of the dealer or a person liable to pay sales tax or other dues was created in respect of the entire interest in respect of the property, since the section declares the dues of the sales tax department as a first charge, the first charge would operate over the entire title of the property which continues with the ..... the provisions of rule 2 read with rule 16 of schedule ii of the income tax act merely make it clear that where a notice from the tax recovery officer has been issued, any transfer or alienation made ..... in sundaram finance ltd. ..... : [1979]117itr334(ker) ) and suraj pramod gupta and .....

Shri Ramakrishna Mills Ltd. and ors. Vs. Assistant Collector of Custom ...

Court : Kerala

Reported in : 1988(18)ECC75

..... the customs act, 1962, the indian tariff act 1934 the custom tariff act, 1975 and the finance act of 1976 are all legislative exercises which trace the source of power, among other things, on these entries read with article 246 of the ..... and 385 (customs), dated 23-7-1976 thus exempted the goods from duty of customs leviable under the first schedule as also the whole of the additional duty under section 2a of the indian tariff act. ..... these were the only facts, the query, whether the goods which reached the port of distination crossing the customs barriers only after 31-12-1978 and well before 5-1-1979 are exigible to duty, could have been easily answered. ..... p4 notification, it had effect only from 5-1-1979, the date of that notification and the date of intended publication in the gazette, extraordinary, of the government of ..... decision of the supreme court in prakash cotton mill's case, : 1979(4)elt241(sc) , however only deals with the effect and impact of interpretation of sections 12, 15(1)(b) and 68 of the customs act. ..... 928 of 1979 is disposed of, subject to the directions and observations contained ..... 928 of 1979 of the ..... 928 of 1979, besides supporting and elaborating the contentions urged in the other cases pointed out some material factual differences in his ..... air 1979 sc ..... known but which turned out to have unfortunate consequences on the petitioners, there happened a time lag before the government of india felt further about the necessity for extending the exemption till 31-12-1979. .....

Shri Ramlinga Mills Private Ltd. and ors. Vs. Assistant Collector of C ...

Court : Kerala

Reported in : 1989(22)LC36(Kerala); 1983(12)ELT65(Ker)

..... the customs act, 1962, the indian tariff act, 1934, the customs tariff act, 1975 and the finance act of 1976 are all legislative exercises which, trace the source of power, among other things, on these entries read with article 246 of the ..... and 385 (customs), dated 23-7-1976 thus exempted the goods from duty of customs leviable under the first schedule as also the whole of the additional duty under section 2a of the indian tariff act. ..... these were the only facts, the query, whether the goods which reached the port of destination crossing the customs barriers only after 31-12-1978 and well before 5-1-1979 are exigible to duty, could have been easily answered. ..... p4 notification, it had effect only from 5-1-1979, the date of that notification and the date of intended publication in the gazette, extraordinary, of the government of india ..... 928 of 1979 is disposed of, subject to the directions and observations contained ..... 928 of 1979 of the petitioners ..... 928 of 1979, besides supporting and elaborating the contentions urged in the other cases pointed out some material factual differences in his ..... stayed secure in that port for a few days before she set sail again and reached cochin on 4-1-1979.8. ..... vessel with viscose staple fibre reached cochin after 31-12-1978 but before 5-1-1979. ..... not known but which turned out to have unfortunate consequences on the petitioners, there happened a time lag before the government of india felt further about the necessity for extending the exemption till 31-12-1979. .....

Dhanalakshmi Bank Vs. Commissioner of Income Tax

Court : Kerala

Reported in : 2003(3)KLT177

..... clause (viia) which was inserted with effect from 1.4.1980 by the finance act, 1979 provided for a deduction in respect of any provision for bad and doubtful debts made by a scheduled bank in relation to advances made by its rural branches of an amount not exceeding one and a half per cent of the aggregate average advanced made by such branches. ..... for the said limited purpose, we set aside the orders of the tribunal and the first appellate authority on this point and direct the assessing officer to re-compute the deduction available under clause (vii) of section 36(1) of the act in the light of the interpretation placed by us on the proviso to the said clause under the section. ..... clause (viia) of section 36(1) of the act, it must be noted, was inserted by act 21/1979 with effect from 1.4.1988 and first substituted by act 32/1985 with effect from 1.4.1985 and later by act 26/1986 with effect from 1.4.1987. ..... accordingly, we are of the view that the matter must go back to assessing officer for consideration with reference to the interpretation placed by us in this judgment in the first instance. ..... the first appellate authority in the case of the dhanalakshmi bank ltd. ..... the first four appeals are filed by the dhanalakshmi bank ltd, in respect of the assessment years 1986-87, 1987-88, 1988-89 and 1992-93. .....

South Indian Bank Ltd. Vs. Cit

Court : Kerala

Reported in : [2003]130TAXMAN749(Ker)

..... clause (viia) which was inserted with effect from 1-4-1980 by the finance act, 1979 provided for a deduction in respect of any provision for bad and doubtful debts made by a scheduled bank in relation to advances made by its rural branches of an amount not exceeding one and a half per cent of the aggregate average advances made by such branches. ..... for the said limited purpose, we set aside the orders of the tribunal and the first appellate authority on this point and direct the assessing officer to recompute the deduction available under clause (vii) of section 36(1) of the act in the light of the interpretation placed by us on the proviso to the said clause under the section.these appeals are disposed of as above. ..... clause (viia) of section 36(1) of the act, it must be noted, was inserted by act 21/1979 with effect from 1-4-1988 and first substituted by act 32/1985 with effect from 1-4-1985 and later by act 26/1986 with effect from 1-4-1987. ..... sivarajan, j.the first four appeals are filed by the dhanalakshmi bank ltd. ..... accordingly, we are of the view that the matter must go back to assessing officer for consideration with reference to the interpretation placed by us in this judgment in the first instance. ..... the first appellate authority in the case of the dhanalakshmi bank ltd. .....

South Indian Bank Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (2003)183CTR(Ker)21; [2003]262ITR579(Ker)

..... clause (viia) which was inserted with effect from april 1, 1980, by the finance act, 1979, provided for a deduction in respect of any provision for bad and doubtful debts made by a scheduled bank in relation to advances made by its rural branches of an amount not exceeding one and a half per cent, of the aggregate ..... section (2), the amount of any debt, or part thereof, which is established to have become a bad debt in the previous year ;(viia) in respect of any provision for bad and doubtful debts made by a scheduled bank or a non-scheduled bank in relation to advances made by its rural branches, an amount not exceeding one and a half per cent, of the aggregate average advances made by such branches, computed in the prescribed manner.'3. ..... the said limited purpose, we set aside the orders of the tribunal and the first appellate authority on this point and direct the assessing officer to recompute the deduction available under clause (vii) of section 36(1) of the act in the light of the interpretation placed by us on the proviso to the said ..... of section 36(1) of the act, it must be noted, was inserted by act 21 of 1979 with effect from april 1, 1980, and first substituted by act 32 of 1985 with effect from april 1, 1985, and later by act 26 of 1986 with effect from ..... that the matter must go back to the assessing officer for consideration with reference to the interpretation placed by us in this judgment in the first instance. ..... the first appellate authority in the ..... the first four appeals .....

Goods Agro Chemicals and ors. Vs. Assistant Collector of Customs

Court : Kerala

Reported in : 1986(10)ECC178; 1986LC218(Kerala); 1987(32)ELT565(Ker)

..... the schedule was amended from time to time by the various finance acts ..... . in the schedule to the customs tariff act, copper and articles thereof are mentioned chapter i of the first schedule under the heading 74.01.02 thus :-'copper matte : unwrought copper (refined or not); copper waste and scrap; master alloys'.the duty on scrap under section 2 of the tariff act is not ..... of the tariff act provided that the rates at which duties of customs shall be levied under the customs act are specified in the first and second schedule.9. ..... description of goods and the rate of duty are set forth in the first schedule of the act ..... this point was discussed in the south zone tariff conference held at madras on 10th may, 1979, in the 13th north zone conference held at jaipur in october, 1980, the 10th and 11th east regional conference held at calcutta in december 1980 and january ..... thought that copper scrap was not dutiable, there is no reason why this court, now, with the materials available should hold that copper scrap was dutiable from 29-4-1962 when, for the first time copper in any crude form was included as an item.28 ..... according to the petitioner, the term 'crude form' would apply even when the copper is put in the first commercial forms in which the material is manufactured ..... be called to be in 'crude form' after it is melted and cast, there is no reason why it could not said to be in crude form when it is fit to be used only for the same purposes for which it could be put when it is converted to first commercial forms .....

M/S. Kanjirappilly Amusement Park and Hotels Pvt. Ltd. Vs. Union of In ...

Court : Kerala

..... of admission and access to entertainment event and amusement facilities [sub-clause (j) of section 66d of the finance act, 1994] from the negative list of services by an amendment of 2012 and the consequent imposition of service tax on such activity would result in the union parliament trenching upon the exclusive field assigned to the state, under entry 62 list ii of the seventh schedule of the constitution of india is the question raised herein. 2. ..... the present case, no such contention can be taken, since the supreme court has time and again, after the finance act, 1994 came into force, upheld the tax levied on services as being available to the union parliament under the ..... to be an economic concept, evolved on account of the service industry becoming a major contributor to the gdp of an economy, which resource was sought to be tapped with the finance act, 1994; providing further legal back up by the introduction of article 268-a in the constitution. ..... dictionary meanings, include an unselfish act for the benefit of another without any expectation ofreward or returns; which is excluded in the first limb of the definition clause. ..... a tax has two elements: first, the person, thing or activity on which the tax is imposed, and second, ..... the first is that the question of legislative practice as to what a particular legislative entry could be held to embrace is inapposite while dealing with a tax which is sui generis or nondescript imposed in exercise of the residuary powers so long as .....

M/s. Parle Agro Pvt Ltd. Vs. Commissioner Commercial Taxes Trivandrum

Court : Kerala

..... that the drink was not 'carbonated water' and was a 'fruit juice based drink' containing fruit juice to an extent of more than 10% and that it had been assessed as a 'fruit juice based drink' till the finance act of 2007 amended section 6(1)(a) of the act by specifying that aerated branded soft drinks excluding soda would be liable to tax @ 20% at all points of sale within the state. ..... it is pertinent to note that section 6(1)(a), as it stood prior to the amendment brought about by the finance act of 2006, did not contain any reference to aerated soft drinks. ..... after the amendment brought about by the finance act of 2007 and the substitution of entry 71 by sro no.119 of 2008, the entry 71 was completely ..... by the finance act of 2007, section 6(1)(a) was amended specifying aerated drinks including mineral water, packaged drinking water and branded soft drinks excluding soda with the six figure hsn code of 2202.10 as being taxable @ ..... the question whether the product would be a 'fruit juice based drink' under the central excise and salt act would be wholly irrelevant in view of the fact that it comes squarely within the specific entry, aerated branded soft drink as contained in section 6(1)(a) which has been specifically made liable to tax at the rate of ..... 71(5) as similar other products not mentioned under any other entry in the list or any other schedules and would therefore be chargeable to vat @ 14.5%. ..... however, what is before us is a first appeal under section 62(1) of the kvat act. .....

Dm Education and Research Foundation and Another. Union of India throu ...

Court : Kerala

..... for admission of 3rd batch (100 seats) of mbbs students at mount zion medical college, pathanamthitta, kerala under kerala university of health and allied sciences u/s 10a of the imc act, 1956 for the academic year 2016-17' a copy of the assessment report is enclosed herewith learned counsel for the appellant is right in his submission that the said inspection report cann ..... renewal of permission for mbbs course for 2nd batch (50 seats) of p.k.das institute of medical sciences palakkad, kerala under kerala university of health sciences, thrissur u/s 10a of the imc act, 1956 for the academic year 2015-2016 was re-considered by the executive committee of the council at its meeting held on 29.04.2015 and it was decided under:- "the executive committee of ..... permission to be given by the government of indian on the recommendation of the dci, it would have been a part of the act itself but here is a case in which the petition had admittedly been given an opportunity for rectification of their errors because after first inspection of the dci, the deficiencies noted were communicated to the petitioner, who allegedly removed the deficiencies and submitted the compliance report and ..... for the mci to assess the compliance report and that the mci ought to have paced itself in accordance with mandatory time schedule so that all the stages could possibly and effectively be undertaken before the deadline mentioned in the ..... certain documents pertaining to land and finance having been pointed out, the .....