Judgment Search Results Home > Cases Phrase: finance act 2001 schedule vii seventh schedule Court: kolkata Page 5 of about 272 results (0.062 seconds)

In Goods Of: G.A. Quiningborough

Court : Kolkata

Reported in : 30Ind.Cas.958

..... 30 that in estimating the amount of the ad valorem fee chargeable under article 11 of the first schedule to the court fees act, the fee must be paid in respect of the property without deducting the amount of the debts to be ..... i hold accordingly that for purposes of article 11 of the first schedule to the court fees act, the expression 'the amount or value of the property' signifies what is described as the net total in annexure a in schedule iii, obtained by the deduction of the amount shown in annexure b as not subject to duty from the gross valuation of the moveable and immovable ..... is, whether the fee mentioned in article 11 of the first schedule to the court fees act is payable in respect of the estate left by the deceased ..... that under the law of england, in determining the value of an estate for the purpose of estate duty, allowance is made for debts and encumbrances (finance act 1894, stat. ..... 19i requires the applicant for probate or letters of administration to file in the court a valuation of the property in the form set forth in the third schedule and to pay on such valuation the fee mentioned in article 11. ..... article 11 of the first schedule to the court fees act provides for the payment of a fee on a probate of a will or letters of administration, with or without will annexed, when the amount or value of the property in respect of which the grant of probate or ..... given in 1872, the court fees act has been twice amended, first, by act xi at 1899, and, next, by act vii of 1910. .....

Seema Begum and anr. Vs. Marium Bibi and ors.

Court : Kolkata Appellate

..... 2 and 3 shall be deemed to have been made with effect from the 10 th day of july, 2001 and accordingly anything done or any action taken or purported to have been taken or done under the principal act on or after the said date and before the commencement of this act, shall, notwithstanding anything contrary contained in any judgement, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been, ..... any other law, a suit or proceeding by a landlord against a tenant in which recovery of possession of any premises to which this act applies is claimed shall lie to the courts, as set out in schedule iv and no other court shall be competent to entertain or try such suit or proceeding. ..... holding that the appeal shall lie from a judgment and decree passed by the court as indicated in schedule iv to section 12a of the act of 1997 to a court which in case of an ordinary suit instituted to such court. 31. ..... under clause (1) the state legislature is empowered to make a law with regard to entry 18 in list ii of the 7 th schedule which reads land, that is to say, right in or over land, land tenures including the relation of landlord and tenant, and the collection of rents; transfer and alienation of agricultural land; ..... the land including the relationship of landlord and tenant collection of rents, transfer and alienation of agricultural land, land improvement and agricultural loans are kept in entry 18 in list ii of the seventh schedule of the constitution. .....

Hindustan Unilever Limited Vs. Assistant Commissioner, Commercial Taxe ...

Court : Kolkata

Reported in : 2008BusLR303(NULL)

..... stateof bihar and others (supra), the hon'ble patna high court held at page 257 of the reports as follows:i accordingly find and hold that section 13(1)(b) of the bihar finance act, 1981 cannot be constructed so as to put a geographical limitation on the situs of manufacture or sale of manufactured goods within the state of bihar and it is sufficient for the purpose of that section that the ..... duly filled in and signed by the purchasing dealer or by such other person as may be authorised in this behalf by the purchasing dealer, along with the evidence for export as prescribed in the schedule appended to the said declaration: (i) tea (including containers and other materials for its packing sold along with the tea) cannot be exported by the purchasing dealer out of the territory of india for reasons ..... an auction house for tea holding license issued by the tea board kolkata and such sale is claimed to be the last sale for export within the meaning of sub-section (3) of section 5 of the central sales tax act, 1956 and he intends to claim deduction of such sale under sub-clause (iii) of clause (a) of sub-section (3) of section 17, such dealer shall, on demand by appropriate assessing authority, furnish a declaration in form ..... section 5(2)(a)(ii) was amended with effect from 28th may, 1972, by the finance act, 1972, and the words in the union territory of delhi were added after the word manufacture so as to provide that manufacture ..... in the year 2001, sales tax authorities refused to give .....

National Engg. Inds. Ltd. Vs. Cit

Court : Kolkata

Reported in : [2001]80ITD9(Cal)

..... in any other form, but does not include,(i) amounts raised by way of share capital;(ii) amounts contributed as capital by partners of a firm;(iii) amounts received from a scheduled bank or a co-operative bank or any other banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949);(iv) any amount received from(a) the development bank,(b) a state financial corporation,(c) any financial institution specified in or under section 6a of the industrial development bank ..... acquisition of shares, stock, bonds, debentures, debenture stock, or securities issued by the government or a local authority, or other marketable securities of a like nature; clause (iii) defines a housing finance company as a company which carries on, as its principal business, the business of the financing of acquisition or construction of houses, including acquisition or development of land in connection therewith; clause (iv) defines a loan company as a company which carries on, as its principal business, the business of ..... individuals not being a body corporate, registered under any enactment relating to money lending which is for the time being in force in any state; and(vii) any amount received by way of subscriptions in respect of a chit.explanation i - 'chit' has the meaning assigned to in clause (b) of section 2 of the chit funds act, 1982.explanation ii - any credit given by a seller to a buyer on the sale of any property (whether movable or immovable) shall not .....

National Engineering Industries Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2002)80ITD9(Kol.)

..... money by way of deposit or loan or in any other form, but does not include,-- (iii) amounts received from a scheduled bank or a co-operative bank or any other banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949); (c) any financial institution specified in or under section 6a of the industrial development bank of india act, 1964 (18 of 1964) or, (d) any other institution that may be, specified by the bank in this behalf, (v) amounts ..... the acquisition of shares, stock, bonds; debentures, debenture stock, or securities issued by the government or a local authority, or other marketable securities of a like nature; clause (iii) defines a housing finance company as a company which carries on, as its principal business, the business of the financing of acquisition or construction of houses, including acquisition or development of land in connection therewith; clause (iv) defines a loan company as a company which carries on as its principal business, the business of providing ..... received in the ordinary course of business, by way of- (d) advance against orders for goods, properties or services; (vi) any amount received from an individual or a firm or an association of individuals not being a body corporate, registered under any enactment relating to money lending which is for the time being in force in any state; and (vii .....

The Century Spinning Mfg. Co. and ors. Vs. State of West Bengal and or ...

Court : Kolkata

Reported in : [1989]73STC277(Cal)

..... taxed, there is nothing to prevent the state legislature while making a law for the levy of a surcharge under entry 54 of list ii of the seventh schedule to take into account the total turnover of the dealer within the state and provide, as has been done by sub-section (1) of section 5 of the act, that if the gross turnover of such dealer exceeds rupees 5 lakhs in a year, he shall, in addition to the tax, also pay ..... scr 837 is therefore clearly an authority for the proposition that the state legislature notwithstanding article 286 of the constitution while making a law under entry 54 of list ii of the seventh schedule can, for purposes of the registration of a dealer and submission of returns of sales tax, include the transactions covered by article 286 of the constitution ..... pertain to the validity of the provisions of section 6b of the bengal finance (sales tax) act, 1941 (hereinafter referred to as 'the said act of 1941') and the provisions of section 4aaa of the west bengal sales tax act, 1954 (hereinafter referred to as 'the act of 1954') which were incorporated in the said acts respectively by the bengal finance (sales tax) amendment act, 1979 (hereinafter referred to as 'the 1979 amendment').3. ..... 1983 sc 1019, facts were that sub-section (1) of section 5 of the bihar finance act provided for the levy of surcharge on every dealer whose gross turnover during a year exceeded ..... provisions of the bengal finance (sales tax) act, 1941 which are ..... to enter into intricacies of public finance, viz. .....

Mendarian Enterprises Pvt. Ltd. and ors. Vs. Inspector General of Regi ...

Court : Kolkata

Reported in : 2004(1)CHN363

..... their mind at the time the legislation was made, it is not known whether the legislature at the time of making the 1994 amending act followed by the 1996 amending act, by mistake kept away the proviso inserted to article 23 of schedule ia to the principal act, but the way the legislature has spoken and as has been published in the official gazette the one and the only intention of ..... employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in schedule 1 or in schedule 1a, as the case may be, for the conveyance, mortgage or settlement and each of the other instruments shall be chargeable with a duty of one rupee, if the principal instrument be chargeable with the duty prescribed in schedule 1 or with a duty of (two rupees), if the principal instrument be chargeable with the duly ..... july, 1996 the west bengal finance act, 1996 was published in the ..... i humbly submit further that the occasion for printing the said book was due to coming into force of the indian stamp (west bengal amendment) act, 1990, with effect from january 31, 1994, after receiving the assent of the president of india as per notification of the same.a photocopy of the said notification ..... march, 2002 the west bengal finance act, 2002 was published in the ..... the subject-matter of the said agreement for sale, executed on 21st november, 2001, a conveyance was executed on 11th november, 2002 in favour of the petitioner ..... of an immovable property on 21st november, 2001. .....

Dalhousie Institute Vs. Assistant Commissioner, Service Tax Cell

Court : Kolkata

Reported in : 2005(180)ELT18(Cal),2006[3]STR311

..... the applicant initially having accepted the applicability of the finance act, 1994 as amended by finance act, 1997 (hereinafter referred to as the aforesaid act) to it, the club/petitioner has asked for a declaration that the said act does not apply. ..... being competent to legislate only under entry 54, list ii of the seventh schedule of the constitution the expression 'sale of goods' bears the same meaning, which it has in the aforesaid act. ..... transaction of sale was involved there could be no levy of tax under the provisions of the act on the supply of refreshments and preparations by each one of the clubs to its members.'16 ..... 'provided to a client' used in the definition of taxable service in the said act necessarily presupposes that the mandap keeper must be letting out to any person on consideration ..... the petitioner contends going by the definition of section 65 [clause 4(i)] of the said act that the petitioners' club cannot be brought within the purview of the same. ..... 'mandap' means any immovable property as defined in section 3 of the transfer of property act, 1882 (4 of 1882) and includes any furniture, fixtures, light fittings, and floor coverings therein let out for consideration for organizing any official social or business function;'mandap keeper' means a ..... of the petitioner as well as the respondent the point in this case is whether going by the definition of 'mandap' and 'mandap keeper' of the said act the petitioner/club can be made liable to pay service taxes or not. .....

In Re: Prudential Capital Markets Ltd. (In Liquidation)

Court : Kolkata

Reported in : (2008)1CompLJ314(Cal),[2008]84SCL239(Cal)

..... even if j the respondent was entitled to protection under section 10 of the andhra pradesh act in 2001, it docs not enjoy any protection under such act as the said andhra pradesh act received the assent of the governor on 27 april 2005, and was published in the andhra ..... , loans were sanctioned after the winding up petition was filed and the appellant and the company applied under section 536(2) of the act seeking leave of the company court for allowing the disposition of the company's property 'which may have to take place' as a ..... what would be the status and nature of possession of a per-son who was admittedly a tenant of the premises covered by the local rent restriction act till the date of commencement of a fresh lease which turns out to be void for want of registration, during and at the expiry of the period purporting to be ..... it was incumbent on the company and the respondent to seek leave of court under section 536(2) of the act in respect of the agreement of 23 november 2001, as the creditor's winding up petition was pending at that time and as, subsequently, section 536(2) came into play upon such creditor's petition ..... the bombay high court considered article 59 of the schedule to the limitation act and held that section 536(2) of the act expressly made such a transaction as impugned in those proceedings to be void and there was no question of any declaration of the nature envisaged by article 59 being sought by the official liquidator within a period ..... trading finance .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... the supreme court held that such legislative jurisdiction exists only in terms of schedule vii list ii entry 6 of the constitution which was also placed before this court in ..... decision of offshore holdings (supra), in particular paragraph 62 and 72 of the said decision and submitted that the acquisition and requisition of property as specified in entry 42 of list ii of schedule vii which read with article 246, is a stand-alone entry for acquisition of land. ..... reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ii (tax on sale or purchase of goods) and not entry 33 of ..... will find out whether the act falls within the competence of state legislature and whether the act falls to any entry in list ii of the seventh schedule to the constitution. ..... parliament has exclusive power to make laws with respect to any of the matters enumerated in schedule vii list i, called the union list and subject to the said power of parliament, the legislature of any state has power to make laws with respect to any of the mattes enumerated in list ..... union of india reported in (2001) 3 scc 714 where the supreme court relied on blacks law dictionary which expressed compensation as equivalent in money for a loss sustained; or giving back an equivalent in either money which is but the measure of value .....