Judgment Search Results Home > Cases Phrase: finance act 2006 section 68 amendment of act 32 of 1994 Sorted by: recent Court: punjab and haryana Page 1 of about 67 results (0.197 seconds)

Paramount Impex Pvt. Ltd. Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 2010[17]STR234

..... the petitioner has also challenged the constitutional validity of rule 2(1)(d)(iv) of service tax rules, 1994 (for brevity 'the rules') as amended from time to time and explanation to section 65(105) along with section 66a of chapter v of the finance act, 1994. ..... the petitioner has also attacked the taxation of service (provided from outside india and received in india) rules, 2006 being ultra vires, arbitrary, absurd and inconsistent with the finance act, 1994. ..... the aforesaid issue could have been raised before the departmental authorities and the period prior to 18-4-2006 might have been considered in the light of the division bench judgment in indian exporters grievances case (supra)(sic). ..... it cannot be presumed that the authorities under the act would not consider the issue raised before us. ..... it is pertinent to notice that the division bench has found the rule to be valid from 18-4-2006. .....

Commissioner, Central Excise Commissionerate Vs. Bhandari Hosiery Expo ...

Court : Punjab and Haryana

Reported in : [2010]24STT413

..... union of india [2006] 4 stt 322, the division bench of bombay high court held that the finance act, 1994 was for the first time amended on 18-4-2006 whereby the revenue acquired legal authority to levy service tax on the recipient of taxable service from a person who is resident in india or has business ..... of the commissioner (appeals) has been upheld by the tribunal on the basic premise that section 66a of the finance act, 2006 (for brevity, 'finance act'), was enforced with effect from 18-4-2006, which covered the services rendered outside india for the purposes of imposition of service tax and those services prior to enforcement of section 66a of the finance act were not subjected to service tax. ..... following substantive questions of law would emerge from the order of the tribunal and, thus, the same be adjudicated by this court:(i) whether the service tax was leviable on the recipient of service irrespective of section 66a of the finance act? ..... heard learned counsel for the parties at a considerable length and find that there is nothing in section 66a or section 2(1)(d)(iv) which may lead to a conclusion that earlier to 18-4-2006 the legislature intended imposition of tax on the services received by a recipient in india from outside ..... the instant appeal filed by the revenue under section 35g of the central excise act, 1944 (for brevity, 'the act') is directed against order dated 19.2.2008, passed by the customs, excise and service tax appellate tribunal, new delhi (for brevity, .....

Dilawar Singh Vs. State of Haryana

Court : Punjab and Haryana

..... it was emphasized that whenever there is any complaint in relation to an action as being violative of the fundamental right to freedom of conscience and to profess, practise and propagate religion, the duty of the court is to examine whether the act complained of as offending the fundamental right, is to protect public order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorised by a law made to ..... therefore, whenever the fundamental right to freedom of conscience and to profess, practise and propagate religion is invoked, the act complained of as offending the fundamental right must be examined to discover whether such act is to protect public order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorized by a law made to regulate or restrict any economic, financial, ..... while dealing with the provision of section 116 of the australian constitution which inter alia forbids the commonwealth to prohibit the free exercise of any religion made the following weighty observations: it is sometimes suggested in discussions on the subject of freedom of religion that, though the civil government should not interfere with religious opinions, it nevertheless may deal as it pleases with any acts which are done in pursuance of ..... board and further amended by dharmik ..... (manohar publishers and distributors, 1994), the author has reviewed various .....

Krishan Kumar Vs. Ritu and Another

Court : Punjab and Haryana

..... after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of ..... her living with him, and she refuses to live with him, such magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing." 12. ..... for the petitioner had urged that the revision was maintainable under section 19(4) of the act which was analogous provision under section 397 cr.p.c. ..... section 19(4) of the family court act reads as under:- the high court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the family court situate within its jurisdiction passed an order under ..... urged that the order passed by the district judge (family court) was an appealable order in view of section 19(1) of the family court act. ..... sumathi 2006(3) klt 725 was ..... sumathi 2006(3) klt 725 it had been contended before the court that irrespective of the number of defaults that are committed in paying each month's maintenance, there is a cap of one month on the total period of imprisonment that .....

J.R. Saluja and Others Vs. Board of School Education Haryana and Other ...

Court : Punjab and Haryana

..... that the same had been approved, that the board was an autonomous body, it had its own budget, it had been excluded from the purview of the bureau of public enterprises vide letter dated 20.5.1994 (annexure p-3), service regulations of the employees of the board had been framed on 11.11.1998 and the service regulations and pay-scales of the employees of the board had been approved by the government of ..... filed by respondents no.2 to 4, it has been stated that the respondent board has been established and constituted under section 3 of the act for regulation of school education in the state of haryana and as per the act, the powers, objectives and functions have been given to the board subject to the control of state government. ..... board which is in issue in the present case, was taken much prior to the amendment deleting regulation 7 which accordingly cannot have any effect thereon. ..... dated 23.12.1998 (annexure p-2) to the financial commissioner and secretary , department of finance, (respondent no.2), recommending grant of equivalence as per the decision of the board. ..... dated 1.2.2001 (annexure p-6), respondent no.3 informed respondent board that a decision had been taken by the pay revision committee of the finance department, govt. ..... it has been stated that vide instructions dated 16.1.1998 (annexure r-1/1), it has been decided that revision of the pay scales of boards/corporations shall be considered by the committee headed by financial commissioner-cum-secretary, finance department. .....

Haryana Power Generation Corporation Limited, Panchkula Vs. M/s. Alsto ...

Court : Punjab and Haryana

..... unit no.1 after refurbishment and the contract is terminated, the contractor shall refund to the owner the amounts for the first unit received up to the date of termination of the contract plus the related financing cost paid by the owner to kfw (financial institution) including cost arising out of cancellation of the balance loan and for that purpose, the contractor shall indemnify the owner through a bank guarantee of ..... tribunal failed to adhere to the terms and conditions of the contract, much less did not award compensation claimed in the counter claim, the objections under section 34 of 1996 act in this regard were filed and the objecting court also declined the same, holding that the same were not falling within the parameters and hence the ..... aforementioned loans were secured vide guarantee by an indian public sector financial institution-the power finance corporation limited (pfc), which was furnished in pursuance to the agreement executed between hseb ..... terminated, the contractor shall refund to the owner the amounts for the first unit received up to the date of termination of the contract plus the related financing cost paid by the owner to kfw including cost arising out of cancellation of the balance loan. ..... unit under this contract, to be considered in case of indemnification shall include also financing cost of kfw loan such as management and commitment fee, interest rate and other financing costs, which can be calculated and fixed at the time of contract termination. .....

Municipal Corporation, Jalandhar Vs. Balbir Raj Sondhi (dead) through ...

Court : Punjab and Haryana

..... 1977 plr page-1', wherein it was held that the provisions of section 41 of the punjab courts act, are in no way effected and curtailed by the amendment made in section 100 of cpc. ..... prior to amendment of section 100 cpc, a second appeal could have been filed before this court on the grounds set out in clauses (a) to (c) of section 100 (1) cpc i.e ..... now, since the regular second appeal is maintainable only with the aid of section 100 cpc, therefore, substantial questions of law is sine qua non for maintaining the appeal. ..... similarly, notice under section 242 of the municipal corporation act has not been produced on record ..... lal, draftsman, municipal corporation, jalandhar, was also examined as dw-2, who has stated that the site is a public chowk and it was declared as public street by following the procedure under section 242 of the punjab municipal corporation act. ..... the suit is liable to be dismissed on account of non service of notice by the plaintiff upon the defendant under section 396 of the punjab municipal corporation act? ..... of the suit was prayed on the ground of issuance of no notice as stipulated under section 396 of the punjab municipal corporation act. ..... the act of the defendant in treating the disputed plot as park gave cause of action to the plaintiff to file the suit. ..... to prove that any scheme has been validly enforced for earmarking and carving out any park or the same was ever declared to be public street with the aid of provisions of punjab municipal corporation act. .....

Randhir Singh Vs. The Secretary, Govt. of Haryana and Others

Court : Punjab and Haryana

..... of order dated 31.10.1985 and has not challenged the legality of order dated 31.8.1985, therefore, scope of the suit vis-a-vis the applicability of provisions of industrial disputes act, 1947 cannot be appreciated, because the work for which the employees were engaged stood completed and no further sanction was received for the work on which the employees were ..... that the plaintiff should have been given monetary compensation to meet the ends of justice, but the provisions of industrial disputes act could have been attracted, had it been a case of termination on account of non compliance of provisions of section 25-f of the industrial disputes act, where re-instatement was not the remedy but right of workman could have been settled by ordering payment of compensation. ..... issued by the executive engineer, augmentation canal division, karnal to the executive engineer, hathnikund barrage division no.ii, yamuna nagar in the context of notice under section 80 cpc received in the office on 15.11.1985 from the advocate at karnal with regard to work charged employees, who were transferred to yamuna nagar ..... the provisions of section 41 of the punjab courts act, are in no way effected and curtailed by the amendment made in section 100 of ..... amendment of section 100 cpc, a second appeal could have been filed before this court on the grounds set out in clauses (a) to (c) of section ..... found to be illegal, therefore, the protection in terms of section 25-f of the industrial disputes act is not attracted. .....

Dharam Pal and Others Vs. Estate Officer, Union Territory, Chandigarh ...

Court : Punjab and Haryana

..... resultantly, it would be imperative to advert to clause 4 of the amended scheme, vide which sub-clause (iv) of clause 7 of the 1979 scheme was substituted with the following: all persons who are bona fide residents of labour colonies and whose names are included in the voter s list of 1991 including the supplement with ist january, 1991 as date of eligibility for enrolment as a voter under the relevant provisions of representation of people s act 1950 and registration of electoral rules ..... a bare analysis of afore-referred clause that has been brought in by virtue of an amendment on 09.10.1992, reveals: (a) that a person shall be eligible for allotment, provided he/she is a bona fide resident of a labour colony; and (b) whose name is included in the voter s list for the year 1991. ..... in the meantime, the chandigarh administration with a view to cause an amendment in the 1979 scheme, framed another scheme; the licensing of tenements and sites and services in chandigarh (amendment) scheme, 1992 which came into force w.e.f. ..... chandigarh administration initiated a programme for housing and rehabilitation of economically weaker sections of society living in slum conditions in the labour colonies. ..... therefore, claims of the petitioners could only be considered in terms of the amended scheme dated 09.10.1992. ..... the case of the petitioners was also referred to the finance secretary, u.t. .....

Atul Sood Vs. Cholamandalam Investment and Finance Co. Ltd.

Court : Punjab and Haryana

..... the grouse of the petitioner is that he was convicted by the learned judicial magistrate 1st class, jalandhar, for commission of an offence punishable under section 25 of the payment and settlement systems act, 2007, and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of rs. ..... 608 of 2014, titled as atul sood versus cholamandalam investment and finance company limited, before deciding the main criminal appeal. ..... this petition has been filed under section 482 cr.p.c. .....