Judgment Search Results Home > Cases Phrase: finance act 1987 section 1 short title and commencement Page 1 of about 35,944 results (0.466 seconds)

Ajay Kumar Uttam Vs. State of Jand K and ors.

Court : Jammu and Kashmir

..... 37-3/legal/2007: in exercise of the powers conferred by sub-section (1) of section 23 read with section 10(b), (o) & (v) of the all india council for technical education act, 1987 (52 of 1987), following regulations are hereby notified by the council:(1) short title and commencement:(a) these regulations may be called the all india council for technical education (aicte) admission of students in degree engineering programmes through lateral entry ..... one of such notifications issued under section 23 (1) of the all india council for technical education act, 1987 and published in government gazette notification dated july 11, 1992, refers to the guidelines for lateral admission of the diploma holders to the ..... universities including deemed to be universities of government, government aided and private (self financing) conducting course/programs in the fields of technical education, training and research in engineering, technology including mca, architecture, town planning, management, pharmacy, hotel management & catering technology, applied arts & crafts and such other programs and areas as are notified by the council from time to time ..... aided and private (self financing) conducting courses/programs in the fields of technical, training and research in engineering, technology including mca, architecture, town planning management, pharmacy, hotel management & catering technology, applied arts & crafts and such other programs and areas as are notified by the council from time .....

Fraser and Another (Appellants) Vs. Canterbury Diocesan Board of Finan ...

Court : House of Lords

..... that is the date which (after the claimants had commenced part 8 proceedings on 25 october 2001) was specified in the master's order dated 28 january 2002 directing a preliminary issue: "whether the ownership of the site of st philip's church of england primary school, melville road, maidstone, kent, reverted pursuant to the third proviso to section 2 of the school sites act 1841 before 17 august 1975, ie more than 12 years before the commencement of the reverter of sites act 1987." 39. ..... the school's committee of management might be expected to have kept minutes of their meetings recording any important policy decisions; none were produced and put in evidence by the board of finance, and it hardly lies in their mouths to ask the court to infer a breach of trust from a gap in their own evidence. ..... the effect of this section was that if a reverter occurred but the trustees of the school remained in possession for 12 years, the title by reverter would usually become statute-barred: see in re ingleton charity [1956 ] ch 585. ..... the canterbury diocesan board of finance ("the dbf") are successors in title to the original trustees. 4. ..... under a scheme made in 1952 the title to the school premises was vested in the respondent the canterbury diocesan board of finance ("the board of finance"). ..... the dbf also dispute the appellants' paper title but a preliminary issue was directed to be tried upon whether the title was in any event statute-barred. 9. .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... w.p.no.5777 of 2012 is filed under article 226 of constitution of india praying to issue a writ of declaration declaring section 65(105)(zzzzt) of the finance act, 1994 as ultra vires entry 54 of list ii of the seventh schedule to and article 14, 19(1)(g) and 245 of the constitution of india w.p.no.5900 of 2012 is filed under article 226 of constitution of india praying to issue a writ of declaration declaring section 65(105)(zzzzt) of the finance act, 1994 as ultra vires entry 54 of list ii of the seventh schedule to and article 14, 19(1)(g) and 245 of the constitution of india. ..... in all india federation of tax practitioners' case (2007) 7 scc527 this court explained the concept of service tax and held that service tax is a value added tax ( vat , for short) which in turn is a destination based consumption tax in the sense that it is levied on commercial activities and it is not a charge on the business but on the consumer. ..... in the said case, challenge was to the levy of tax under the expenditure tax act, 1987 enacted by parliament. ..... the sale of goods can be said to have taken place only when the producer relinquishes his right and title over the goods; but when he keeps grip over the goods transferred for temporary use or enjoyment on certain terms and conditions. ..... while completing transfer or right to use any goods, ".where the original owner completely foregoes the title of a copyright". .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... the provisions of the finance act, 1994 ..... provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the notification no.24/2007 dated 22.05.2007 and circular 98/1/2008-st dated 04.01.2008 as revived by the finance act, 2010, issued by the firs.respondent, as illegal, null and void and ultra vires .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section ..... a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect of surcharge on super ..... the finance act of 1952 was a short document and section 2 thereof simply provided :the provisions of section 2 of and the first schedule to, the finance act 1951, shall apply in relation to income tax and super tax for the financial year 1952-53 as they apply in relation to income tax and super tax for the financial year 1951 .....

Kanoria Industries Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : 2005(190)ELT295(Kar)

..... the section itself reads that notwithstanding the provision of such rules earlier, which includes a notification under this rule, for the period commencing on or from 16-3-1995 and ending with the date on which the finance act, 2000 received the assent of the president, no such credit is admissible, in the sense that ..... the appeal of the revenue as against this order, nevertheless, the revenue having brought to the notice of the supreme court the provisions of section 112 of the finance act, 2000, which was enacted as a validating legislation and which had now virtually taken away any benefit or concession that had been given to an assessee under the modvat credit scheme, particularly in respect ..... was sought to be denied to the petitioner by issue of show cause notice, which was issued even before the enactment of section 112 of the finance act, 2000 and on an independent ground and on adjudication of the show cause notice, the petitioner was denied this credit for the period and the matter, it appears, became concluded, as the petitioner has not pursued an adverse order it suffered at the hands of ..... these two writ petitions are by assessees under the provisions of the central excise act, 1944 [for short, the act] in the context of denial of what is known as modvat credit which the petitioners had availed of in respect of high speed diesel (hsd) oil, which according to the petitioners ..... section 112 of the finance act, 2000 if one looks at it independent of its caption or title .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2007)288ITR226(Hyd.)

..... -tax specified in this behalf in the finance act of the relevant year or the rate or rates of income-tax specified in an agreement entered into by the central government under section 90, whichever is applicable by virtue of the provisions of section 90; "regular assessment" means the assessment made under sub-section (3) of section 143 or section 144; "tax" in relation to the assessment year commencing on the 1st day of april, 1965, and any subsequent assessment year means income- ..... courts should confine its operation only to the extent the language renders it necessary.12.23 further, in the case of uppala peda venkataramanaiah 1964 lii itr - short notes of current cases 2, examining the retrospective or otherwise nature of the provisions of section 155 of the income tax act, 1961, hon'ble andhra pradesh high court held as follows- (ii) that in the absence of express words or necessary implication to the contrary ..... been defined in section 2(29c), brought on to the statute book, by the direct tax laws (amendment) act, 1987 with effect from 1.4.1989, as "the rate of income tax (including surcharge on income tax, if any) applicable in relation to the highest slab of income in the case of an individual, association of persons or, as the case may be, body of individuals as specified in the finance act of the ..... . learned authors of the book titled "income-tax law by chaturvedi and pithisaria" [fifth edition, at pages 5459 and 5460], stated as follows: assessment of undisclosed .....

Karvy Consultants Limited Vs. Government of India

Court : Andhra Pradesh

Reported in : 2006[]STR75

..... on by the petitioner, during the relevant period, as share transfer agent, is in the nature of incidental or auxiliary support service in the sale of goods (securities) belonging to the client and falls within the purview of section 65(19)(iv) of the finance act, 2003, that the impugned show cause notice merely demanded service tax on service charges collected by the petitioner towards such services rendered from 1-7-2003 to 31-1-2004, that the show cause notice ..... activity relating to billing collection or recovery of cheques, accounts and remittance, evaluation of prospective customer and public relation services or service as a commission agent and therefore did not fall within the purview of section 65(19)(iv), it is the case of the respondents that the services referred to in sub-clause (iv) of section 65(19) of the finance act, 2003 are merely illustrative and not exhaustive of all 'incidental or auxiliary support services'.sub-clause (iv) of section 65(19) of finance act, 2003 relates to any incidental or auxiliary support service. ..... was issued after strictly construing section 65(19) of the finance act, 2003, that the functions of the registrar and share transfer agent is a service rendered which is in the nature of incidental or auxiliary support service rendered in the contract of sale of goods (securities) belonging to the .....

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... in the result, these petitions are allowed and it is hereby declared that section 65(25a), section 65(105) (zzze) and section 66 of the finance (no.2) act, 1994 as incorporated/ amended by the finance 60 act, 2005 to the extent that the said provisions purport to levy service tax in respect of services purportedly provided by the petitioner club to its members, to be ..... ; or (b) where such supply, not being any such supply by any restaurant or eating house (by whatever name called), has been made at any time on or after the 4th day of january, 1972 and before the commencement of this act and the aforesaid tax has not been collected on such supply on the ground that no such tax could have been levied or collected at that time: provided that the burden of proving that the aforesaid ..... explanation ii: a factor, a broker, a commission agent, a del credere agent, an auctioneer, an agent for handling or transporting of goods or handling of document of title to goods or any other mercantile agent, by whatever name called, and whether of the same description as hereinbefore mentioned or not, who carries on the business of selling goods and who has, in the customary course of business, authority to sell goods belonging to principals, is a dealer; xxx xxx xxx (30) sale means any transfer of property in goods ..... there was a sea change, as a result of which service tax was imposed on all taxable services, short of those which were in a negative list contained in section 66d of the finance act. .....

Commissioner of Income-tax Vs. L.G. Balakrishnan

Court : Chennai

Reported in : [2002]255ITR339(Mad)

..... if the assessee is able to show that the result of the computation by applying the rules set out in the finance acts of 1974 and subsequent years prior to 1979, is a loss, the assessee is not to be denied the benefit of having that loss set off against the agricultural income of the previous year relevant to the assessment year commencing on the 1st day of april, 1979, only on the ground that he had not filed a return in the earlier years, even when ..... allowing the assessee to claim set off of the losses determined after applying the rules of the earlier finance acts for those years against the agricultural income of the previous year relevant to the assessment year commencing on the 1st day of april, 1979, does not result in any denial of revenue due to the state but, would only ensure that a benefit intended by parliament to be given to the assessee is in fact enjoyed by the assessee. ..... despite the absence of provisions similar to sections 80 and 139(3) with regard to the need for having the loss determined in the relevant assessment year before claiming the right of carry forward of the loss to subsequent assessment years, the revenue contended before the .....