Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 Court: supreme court of india Page 6 of about 1,778 results (0.152 seconds)

20th Century Finance Corpn. Ltd. and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2000SC2436; JT2000(7)SC177; 2000(5)SCALE13; (2000)6SCC12; [2000]Supp1SCR120; [2000]119STC182(SC)

..... to use car v is executed in delhi; the car 'x' is in gurgaon (haryana), the hirer is handed over the key of the car 'x' in delhi; as both the execution of the contract as well as the act of passing of the control/domain of the car takes place in delhi, the transfer is complete in delhi, so the deemed sale is within delhi state and outside all other states; the taxable event will, therefore, ..... rent; if the car happens to be in tamil nadu event though the transaction was completed in delhi and the domain of the car by handing over the key or by doing some other overt act like delivery note was also complete in delhi, the situs of the car having regard to the nature of the deemed sale, in sub-clause (d), will be immaterial and the transaction cannot be ..... ? the division bench of the andhra pradesh high court proceeded on the footing, following, among others, the judgment of the bombay high court in the 20th century finance corporation (supra) as well as the earlier judgments of the andhra pradesh high court, that the transaction referred to in sub-clause (d) is a specie of bailment and on the interpretation ..... contained in sub-section (1) or sub-section (3) of section 5, but subject to sub-sections (4), (5) and (6) of the said section, every dealer shall pay for each year a tax under this act on his taxable turnover in respect of the transfer of the right to use any goods mentioned in column (2) of the seventh schedule for any purpose (whether or not for a specified period) at ..... ( .....

M/S. I.C.D.S. Ltd. Vs. Commissioner of Income Tax and anr.

Court : Supreme Court of India

..... the questions in favour of the revenue, the high court held that in view of the fact that the vehicles were not registered in the name of the assessee, and that the assessee had only financed the transaction, it could not be held to be the owner of the vehicles, and thus, was not entitled to claim depreciation in respect of these vehicles. ..... the only hindrance to the claim of the assessee, which is also the lynchpin of the case of the revenue, is section 2(30) of the mv act, which defines ownership as follows: - owner means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a ..... as the owner, it used the assets in the course of its business, satisfying both requirements of section 32 of the act and hence, is entitled to claim depreciation in respect of additions made to the trucks, which were leased out.30 ..... even viewed from the angle of the author of lease financing and hire purchase , the views of whom were discussed in pages 16 and 17 of this order, the transactions involved in the appellant business are nothing but lease ..... its return of income for the relevant assessment years, the assessee claimed, among other heads, depreciation in relation to certain assets, (additions made to the trucks) which, as explained above, had been financed by the assessee but registered in the name of third parties. ..... the assessment years involved are 1991-1992 to 1996-1997.2 .....

Central Gst Delhi Iii Vs. Delhi International Airport Ltd

Court : Supreme Court of India

..... , the embarking passengers at an airport, the development fees at the rate as may be prescribed and such fees shall be credited to the authority and shall be regulated and utilized in the prescribed manner, for the purposes of- (a) funding or financing the costs of upgradation, expansion or development of the airport at which the fee is collected; or (b) establishment or development of a new airport in lieu of the airport referred to in clause (a); or (c) investment in the equity in respect of shares to be subscribed ..... , where it was stated that under section 67 of the finance act, 1994, not every amount charged by the service provider ..... airport in lieu of an existing airport and the function of establishing a private airport are exclusive functions of the airports authority under the 2004 act, and these statutory functions cannot be assigned by the airports authority under lease to a lessee under section 12a of the act, the lease agreements, namely, the omda and the state support agreement could not make a provision conferring the right on the lessee to levy ..... it was contended that such levy cannot be called a tax because it is discretionary and subject to the approval of the central government, meant for funding or financing the costs of upgradation, expansion or development of the airport at which the fee is collected; or establishment or development of a new airport in lieu of the existing airport or towards investment in the equity in respect of shares to be subscribed by ..... 1991 .....

Union Of India Vs. Shri Doly Loyi

Court : Supreme Court of India

..... on 31st december, 2001, an fir was registered against the respondent for the offences punishable under section 120b of the indian penal code, 1860, and sections 13(1) and 13(1)(d) of the prevention of corruption act, 1988, alleging inter alia that the respondent, while working as the special secretary(finance), government of arunachal pradesh acted in conspiracy with other officers and committed criminal misconduct by abusing his position as a public servant. ..... he further submitted that in a criminal prosecution, the sanction for prosecution whether under section 197 of code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988 is an event of utmost importance relating to the criminal charge as the sanction is accorded by the concerned authority on the basis of contents of fir and the entire material collected during the course of investigation. ..... a sanction dated 2nd june, 2006, was accorded by the cbdt (department of revenue, ministry of finance, government of india) for the prosecution of the respondent in respect of the aforesaid allegations before the concerned court. 24. ..... he was granted due promotions to the post of deputy commissioner of income tax, joint commissioner of income tax, and additional commissioner of income tax in december 1991, july 2001, and november 2001, respectively. ..... the sealed cover procedure is to be resorted to only after the charge-memo/charge-sheet 1 (1991) 4 scc10912 is issued. .....

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

..... this appeal is to the legality of the judgment rendered by a division bench of the rajasthan high court, jodhpur holding that 4a of the rajasthan sales tax act, 1994 (in short the 'act') as introduced by the state finance act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or any formulation or for that matter any other commodity by ..... the principal contention about the invalidating of the basis of the measure of tax envisaged under section 4a of the act as inserted vide finance act, 2004 is that while it levies taxes on the sale transaction carried on by the manufacturer or wholesalers or distributor the measure with which total turnover is to be determined is ..... larger ground canvassed in that case, that the expression 'sale of goods' within the meaning of relevant legislative entry had the same connotation as 'sale of goods' in the indian sale of goods act, 1930, and therefore the state legislature had no power to enact legislation to levy tax under entry 48 of list ii in respect of transactions which were not of the nature of sales of goods ..... , by enlarging the definition of 'sale' by including forward contracts arrogate to itself a power which is not conferred upon it by the constitution, and the definition of 'sale' in section 2(h) of the act xv of 1948 must, to that extent, be declared ultra-vires.it was inter-alia held as follows:it would be proper to interpret the expression 'sale of goods' in entry 48 in the sense in which ..... 1991 .....

H.P. Financial Corp. Vs. Anil Garg and Ors.

Court : Supreme Court of India

..... respondents judgment navin sinha, j.the appellant is aggrieved by order dated 4.10.2005 allowing the writ petition of the respondent, setting aside the auction notice under section 85 of the himachal pradesh public moneys (recovery of dues) act, 1973 (hereinafter be referred to as "the act") issued consequent to his failure to repay the two loans availed for purchase of a truck and establishing an industry for manufacture of steel trunks.2. ..... the vehicle was seized on 6.5.1991 under section 29 of the state finance corporation act, 1951 and auction sold on 4.9.1991 for a sum of rs.1.46 lakhs ..... the argument was repelled holding that the proceedings under the industrial disputes act were not a suit and that withdrawal was bonafide to explore amicable ..... state of maharashtra, (2008) 1 scc494 the application under section 25-o of the industrial disputes act, 1947 for closure of undertaking was withdrawn as attempts were made for settlement of the matter ..... the high court erred on facts in holding that the proceedings under the act for recovery of the trunk loan was initiated only in the year 2003, and that nothing had been done by the appellant from 1996 till 2002 thus making the claim time ..... the auction notice dated 13.01.2005/15.01.2005 under section 85 of the act shall now proceed in accordance with law and be concluded at the earliest expeditiously ..... the withdrawal was made to initiate fresh proceedings under the act, as it provided for a more speedy and effective remedy, under a special .....

Hari Ram and anr. Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : JT2010(2)SC235; 2010(2)SCALE339

..... given time, then the appropriate authority of the state government shall consider their representations regarding the feasibility of releasing of such lands from acquisition under section 48(1) of the act on the ground that there were 'abadis' on these lands at the relevant time and are governed by any existing state policy for releasing such lands from acquisition.18. ..... now, we advert to the few instances of landowners who filed writ petitions before the high court challenging the same notifications under sections 4 and 6 of the act and in whose matters joint inspection committee did not recommend release of their lands from acquisition and the high court dismissed their writ petitions, yet later on their ..... time to time by various guidelines/parameters set out in intra-office communications governing individual acquisition, no such guidelines/parameters have been placed on record except a letter dated june 26, 1991 sent by the chief administrator, huda to the additional director, urban estate, haryana, manimajra and the chief controller of finance, huda, manimajra pertaining to review progress of the various schemes of huda which reads thus:1. ..... prescribed procedure cannot claim as a matter of right for release of his/her land from acquisition but where the state government exercises its power under section 48 of the act for withdrawal from acquisition in respect of a particular land, the landowners who are similarly situated have right of similar treatment by the state government. .....

State of Rajasthan Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Reported in : [2006]155TAXMAN20(SC)

..... challenge in this appeal is to the legality of the judgment rendered by a division bench of the rajasthan high court, jodhpur holding that section 4a of the rajasthan sales tax act, 1994 (hereinafter referred to as the 'act') as introduced by the state finance act, 2004 was not legally sustainable to the extent that tax on first point sale of drugs, medicines or any formulation or for that matter any other commodity by a manufacturer/wholesaler/distributor to retailer where ..... the principal contention about the invalidating of the basis of the measure of tax envisaged under section 4a of the act as inserted vide finance act, 2004 is that while it levies taxes on the sale transaction carried on by the manufacturer or wholesalers or distributor the measure with which total turnover is to be determined is not part of the sale which attracts tax but ..... it was held on the larger ground canvassed in that case, that the expression sale of goods' within the meaning of relevant legislative entry had the same connotation as 'sale of goods' in the indian sale of goods act, 1930, and therefore the state legislature had no power to enact legislation to levy tax under entry 48 of list ii in respect of transactions which were not of the nature of sales of goods, strictly so called; ..... inserted by finance act, 1990 with effect from 1-4-1991. ..... inserted in the said act by finance act, 1988 with effect from ..... arose in the following background :by the finance act, 2004 section 4a was introduced which reads .....

State of Rajasthan and ors. Vs. Rajasthan Ice and Cold Storage and ors ...

Court : Supreme Court of India

Reported in : [2003]264ITR158(SC); (2003)11SCC697

..... after considering the various decisions and the definition of 'industrial company' as defined under section 2(7)(c) of the finance act, the court observed that the company should be, inter alia, engaged in process of goods. ..... in that case, the court considered the question--whether the respondent-company can be held to be an industrial company for the purpose of section 2(7)(c) of the finance act, 1973. ..... cit : [1991]191itr656(sc) . .....

The New Bus Stand Shop Owners Assn. Vs. Corporation of Kozhikode and a ...

Court : Supreme Court of India

Reported in : JT2009(13)SC164; (2009)8MLJ1175(SC); 2009(13)SCALE510; (2009)10SCC455; 2009(9)LC4392(SC); 2009AIRSCW7580

..... dated 04.07.1991 stipulates that while issuing shop rooms in shopping complexes owned by local self government institutions, an agreement is to be executed in stamp appear worth 2.5% of the total value of annual license fee which was subsequently enhanced to 5% through an amendment to the kerala stamp act through the kerala finance bill, 1996 which came into force ..... from the aforesaid definition of lease under the kerala stamp act, one thing is clear that it must be an agreement in writing to cultivate, occupy, or pay or deliver rent for immovable ..... stamp duty on licence agreement should be governed by entry 5(c) of the kerala stamp act, which is a residuary clause in the schedule and not by entry 33.34. ..... said rate was subsequently enhanced to 5% as per amendment in the kerala stamp act which came into force with effect from 29.07.1996. ..... aforesaid terms and conditions of licence, if we try to ascertain whether the agreement between the appellant-association and the corporation is a lease or licence within the meaning of lease as defined under section 2(1) of the kerala stamp act, we have to consider the definition of lease under section 2(1). ..... by referring to the provision of section 215 of the said act and also the terms of the licence agreements, the learned counsel for the appellant submitted that they were all the time paying licence fee in accordance with the relevant statutory provisions at ..... amendment was introduced in the kerala stamp act which came into effect from 29.07.1996. .....