Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: uk supreme court Page 7 of about 1,412 results (0.179 seconds)

The Commissioner of Commercial Tax, Ranchi and anr. Vs. Swarn Rekha Co ...

Court : Supreme Court of India

Reported in : 2005(1)BLJR114; [2005(1)JCR166(SC)]; JT2004(Suppl1)SC608; 2004(5)SCALE596; (2004)6SCC689; [2004]136STC57(SC)

..... before the appointed day comprised the territories of the state of bihar, the benefits flowing from the industrial policy 1995 of the then state of bihar crystallized in the notification of the government of bihar issued under section 7(3)(b) of the bihar finance act 1981 published in the official gazette on 22.12.1995, enures to the benefit of the beneficiaries under the policy and under the notification after the appointed day. ..... incharge, patna special circle, patna holding that the appellant was liable to pay sales tax after 15.11.2000 on the sale of goods earlier exempted by exemption certificate dated 20th december 1995 granted in favour of it under section 7(3)(b) of the bihar finance act 1981 in terms of the industrial policy of the state of bihar for the period from 1.4.1998 to 31.03.2007. ..... parasaran, it cannot be said that the entire cause of action was in the state of jharkhand because the notification of the state of bihar issued under section 7(3)(b) of the bihar finance act 1981 formed the basis on which the respondents founded their claim. ..... of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed ..... reported in : [1987]2scr691 and dhayanand etc. v. .....

Mansarovar Commercial Pvt. Ltd. Vs. Commissioner Of Income Tax Delhi

Court : Supreme Court of India

..... he has taken us through the relevant provisions under the income tax act, 1922 (section 4a), section 6(3) of the act (existed prior to 01.04.2017) and section 6(3) of the act substituted by finance act w.e.f. ..... preferred by the revenue and has quashed and set aside the common order dated 08th january, 2002 passed by the income tax appellate tribunal, new delhi (for short, itat ) for assessment years 1987-88, 1988-89 and 1989-90 and restored the orders passed by the assessing officer, upheld by the commissioner of income tax (appeals) (for short, cit(a)), the respective assessees have preferred the present appeals ..... section 6 of the act deals with residence in india and the relevant provision would be section 6(3) pre-amendment in 2017 and post- amendment 2017 w.e.f. ..... 4.5 it is further submitted that to cull out the meaning of management and control under the old section 6(3) pre- amendment 2017, which shall be applicable in the present case, section 6(3) post 1st april, 2017 is also required to be considered. ..... the constitution (thirty sixth amendment) act, 1975 inserted article 371-f into the constitution of india, in terms of which not all the laws of india were extended to the new state of sikkim. ..... , 26th april, 1975, in the territories comprising the state of sikkim or any part thereof were to continue to be in force therein until amended or repealed by a competent legislature or other competent authority. .....

M/S Dharampal Satyapal Ltd. Vs. Dy.Commr. of Cen.Exc. and Ors.

Court : Supreme Court of India

..... rejected the contention of the union of india that section 51 of the 1982 finance act by which the amendments were made to rules 9 and 49 overrode the provisions of section 11-a saying: (scc p. ..... apart from the contention that no show-cause notice was given before passing those orders, it was even argued that by making the retrospective amendment in the form of section 154 of the act of 2003, the only effect was to validate the earlier actions but no demand of refund of any amount could be made and no refund of the amount already paid could be ..... it so happened that vide section 154 of the finance act, 2003 (hereinafter referred to as the 'act of 2003'), withdrawal of the benefit was effected from retrospective ..... of india, (2003) 5 scc23which dealt with an amendment to section 80-p(2)(a)(iii) of the income tax act, 1961 noted that: (scc p.35, para29) the amendment does not seek to touch on the periods of limitation provided in the act, and in the absence of such express provision or clear implication, the legislature clearly could not be taken to intend that the amending provisions authorizes the income tax officer to commence proceedings which before the new act came into force, had, by the expiry of the ..... the effect was to disentitle the appellant and other similarly situated from getting any such benefit by virtue of section 154 of the act of 2003 and knocking down the basis of the judgment of the high court, which lost its validity on the ..... of india, (1987) supp. ..... (1987) supp .....

Indian Aluminium Co. Etc. Etc. Vs. State of Kerala and Others

Court : Supreme Court of India

Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23

..... by section 36 of finance act 1978, the central excise and salt act, 1944 [for short the 'excise act) was amended to impose central excise duty on electricity under item 11-e in the 1st schedule to the excise act and fixed 2 paise per kilo watt of electricity unit ..... the high court had held that section 3-a(1), as amended was unconstitutional as it delegated essential legislative functions to the state ..... by a fiction, it deemed that act of 1920 and the rules framed thereunder to have been amended without disclosing the text or even the nature of the amendment nor was there any indication that the invalid notification must be deemed to have been issued validly under section 51(2) of the 1920 act without the sanction of the local government ..... of kerala : [1976]2scr690 , the finance act, 1950 had extended the central excise and salt act, 1944 to part-b state of travancore cochin and repealed the cochin tobacco act, 1909 and the tobacco act (1 of 1087). ..... : [1972]83itr346(sc) , the question arose whether the term 'income-tax' as defined in section 2 of the finance after act, 1964 would include surcharge and additional charge, wherever provided. ..... third income tax officer, madurai air (1975) sc 2016, when the annuity scheme was enacted in the finance act, competence of the parliament in that regard was questioned. ..... : [1962]1scr549 , the orissa sales tax act, 1947 was amended and section 14 restricting grant of refund of tax inappropriately and illegally collected, was ..... 5957 of 1987 and batch .....

J.K. Industries Ltd. and ors. Vs. Chief Inspector of Factories and Boi ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)125; [1997]88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; [1996]Supp6SCR798

..... routes which the employers had found to shift their responsibilities on some employee or the other and escape punishment and penalty, which were also noticed in certain judgments of this court, led the parliament to amend the act in 1987 which inter alia amended section 2(n), deleted section 100 and incorporated sections 7 7a, chapter iv-a, section 104a and section 106a, besides certain other provisions.15. ..... petitioners/appellants have also called in question the constitutional validity of proviso (ii) to section 2(n) of the factories act, 1948 (hereinafter referred to as 'the act') as amended by act 20 of 1987, as violative of articles 14 19(1)(g) and 21 of the constitution of india.3. ..... attorney general submitted that the apprehension expressed by the learned counsel for the petitioners that the inspector of factories can pick and choose any director at his whims is not well founded because section 7 as introduced by the 1987 amendment act casts a duty on the company to notify the name of a director who would be the occupier and once that statutory obligation is discharged, the inspector of factories had no choice but to prosecute that notified director ..... was, thereafter, that the parliament stepped in and passed the amendment act 20 of 1987, which as already noticed, besides amending the definition of an occupier under section 2(n) of the act by addition of various provisos thereto also made some more significant changes in the act. ..... peerless general finance and investment .....

P. Venugopal Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : (2008)4MLJ696(SC); 2008(7)SCALE255; (2008)5SCC1; 2008(3)SLJ189(SC); 2008(3)Supreme651

..... reasons of the amendment act of 1987 being act xxx of 1987, as stated herein above, aiims and the post graduate institute of medical education and research, chandigarh, are statutory autonomous bodies wholly financed by the government ..... office as a director immediately before the commencement of the all india institute of medical sciences and the post-graduate institute of medical education and research (amendment) act, 2007, shall in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months' pay and allowances for ..... office as a director immediately before the commencement of the all india institute of medical sciences and the post graduate institute of medial education and research (amendment) act of 2007 shall in so far as his appointment is inconsistent with the provisions of this sub-section ceases to hold office on such commencement as such director and shall be entitled to claim compensation not exceeding three months' pay and allowances for the ..... learned senior counsel appearing on behalf of the writ petitioner submitted at the first instance that the provisions, no doubt, acquire their operational significance from the added sub-section but manifestly, it makes a significant departure from the substantive part and proceeds to deal only with the particular director holding office immediately prior to its coming into force .....

Union of India and Others Vs. M/S. Ganesh Das Bhojraj

Court : Supreme Court of India

Reported in : AIR2000SC1102; 2000(68)ECC382; 2000(116)ELT431(SC); [2000]244ITR691(SC); JT2000(2)SC314; (2000)IIMLJ193(SC); 2000(2)SCALE17; (2000)9SCC461; [2000]1SCR1081; [2000]119STC293(

..... - in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the government of india in the department of revenue and banking ..... absolutely or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notification goods of any specified description from the whole or any part of duty of customs leviable thereon.on the bests of the aforesaid section, the court negatived the contention that until the notification was available in bombay - and shown to be so available - the statutory rules or instrument would not become operative. ..... in pankaj jain agencies : 1994ecr28(sc) (supra), this court considered -similar contention with regard to the exemption notification issued under section 25 of the customs act, 1962 and held that there was no substance in the contention that notwithstanding the publication of the notification in the official gazette there was yet a failure to make law known and that, therefore, ..... learned counsel for the respondent, however, submitted that there is nothing on record to establish that notification dated 4-2-1987 withdrawing full exemption from the levy of customs duty was published on the same day ..... the said notification reads as under:ministry of finance(department of revenue)new delhi, the 4th february, 1987notification .....

Collector of Central Excise, Ahmedabad Vs. Orient Fabrics Pvt. Ltd.

Court : Supreme Court of India

Reported in : 2003(90)ECC745; 2003LC769(SC); 2003(158)ELT545(SC); JT2003(10)SC282; 2003(10)SCALE37; (2004)1SCC597

..... the parliament by reason of section 63(a) of the finance act, 1994 (act no. ..... this is so stated, because, all the goods specified in the said first schedule were also subjected to duties of excise at the rates set forth in the schedule to the central excise tariff of 1985, under section 3 of central excise act, 1944, which provision also lays down that such duties of excise shall be 'levied and collected' in such manner as may be prescribed.'15. ..... the parliament by reason of the amending act 32 of 1994 consciously brought in the expression offences and penalties' in sub-section (3) of section 3 of the act. ..... the mischief rule, if applied, would clearly show that such amendment was brought with a view to remedy the defect contained in the unamended provisions of sub-section (3) of section 3 of the act. ..... (supra) although took notice of the fact that the cause of action therein arose in the year 1993, but inadvertently or otherwise noticed the amended provisions of sub-section (3) of section 3 of the act. ..... in that view of the matter too sub-section (3) of section 3 of the act as amended cannot be said to have any application at all.21. ..... the collector, by his order dated 17th november, 1987, confirmed the levy of duty, amounting to rs. ..... the cause of action for imposing the penalty and directions of confiscation arose in the present case in the year 1987. .....

Surana Steels (P.) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Supreme Court of India

Reported in : (1999)153CTR(SC)193

..... government for the payment of dividend in pursuance of a guarantee given by, that governmentprovided that -(a) ** ** **(b) if the company has incurred any loss in any previous financial year or years, which falls or fall after the commencement of the companies (amendment) act, 1960, then, the amount of the loss or an amount which is equal to the amount provided for depreciation for that year or those years, whichever is less, shall be set off against the profits of the company for ..... the finance minister introduced an amendment during the passage of the finance bill and said :-'the finance bill inserts a new section 115j in the income tax act, 1961, to levy a minimum tax on book profits of certain companies. ..... in the budget speech of 1987, the minister of finance referring to the proposed section 115j explained the rational behind its introduction in these words :-'80. ..... the figures of net profit and loss as per the profit and loss account of the company were as follows :assessment yearprofit/lossdepreciation debited to p & l account rs.rs.1987-88(+) 3,0871988-89(+) 35,79,997 (profit before depreciation)(-) 31,95,762 (loss after depreciation67,75,7591989-90(+) 28,37,9473,5343. .....

The Finance Company Plc Vs. Agampodi Mahapedige Priyantha Chandana and ...

Court : Sri Lanka Supreme Court

..... this decision was referred to with approval in faris v oic, police station, galenbindunuwewa (supra), where it was stated that in terms of the proviso to section 3a of the animals act, an order for confiscation cannot be made if the owner establishes one of the following: a) that he has taken all precautions to prevent the use of the vehicle for the commission of the offence; b) that the ..... on a consideration of the ratio decidendi of all the aforementioned decisions, it is abundantly clear that in terms of section 40 of the forest ordinance, as amended, if the owner of the vehicle in question was a third party, no order of confiscation shall be made if that owner had proved to the satisfaction of the court that he had taken all precautions to prevent the use of ..... learned magistrate had considered the provisions laid down in section 40 of the forest ordinance as amended and had come to the conclusion that the court has a discretion to confiscate a vehicle after an inquiry, on the basis that the registered owner had given his consent for the offence which ..... section 433a of the code of criminal procedure act, as amended, deals with possession of property, which is the subject of a hire purchase ..... facts of this appeal, as submitted by the appellant, albeit brief, are as follows: the appellant is a registered finance company and is inter alia involved in providing leasing facilities in connection with motor vehicles at the request of its customers. ..... v attorney-general ([1987] 2 sri l.r. .....