Court : Supreme Court of India
Reported in : AIR2000SC2866; 2000(71)ECC240; [2000]245ITR421(SC); JT2000(9)SC1; 2000(5)SCALE490; (2000)6SCC665; [2000]Supp2SCR302
..... came into force, with effect from 1-4-1976, the levy sugar price equalisation fund act, 1976. ..... provided inter alia that the amounts representing all excess realisation made by producers irrespective of whether such excess realisations were made before or after the commencement of this act shall be credited to a fund known as levy sugar price equalisation fund established under section 3 of the act. ..... was lastly submitted by the learned senior counsel for the appellant that in the year 1997 the appellant manufacturer has transferred the amount of sugar recovered in excess of the levy price to sugar equalisation fund of the government. ..... gauri shankar, the learned senior counsel for the revenue has on the other hand submitted that the excess amount was realised by the appellant company as price of the sugar sold by it during the course of its trading activities and therefore it has been rightly held by the high court to be a trading receipt of the appellant ..... learned senior counsel for the assessee-appellant relied on three decisions by different high courts and submitted that in identical facts and circumstances the price of sugar realised in excess of the levy price was held not to be a trading receipt of the assessee and hence not liable to tax. ..... in 1970, there was a retrospective amendment in the relevant sales tax law as a result of which the appellant's liability was upheld by the ..... amount of 'rusum') was remitted to the state later on and consequent upon the said amendment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)162CTR(SC)320
..... the fact remains, as was admitted at the bar that the amount continued to remain with the appellant company and was not refunded to the purchasers.then came into force, with effect from 1.4.1976, the levy sugar price equalisation fund act, 1976. ..... it provided inter alia that the amounts representing all excess realisations made by producers irrespective of whether such excess realisations were made before or after the commencement of this act shall be credited to a fund known as levy sugar price equalisation fund established under section 3 of the act. ..... and in what manner the separate account was maintained by the assessee.it was lastly submitted by the learned senior counsel for the appellant that in the year 1997 the appellant has transferred the amount to sugar equalisation fund of the government. ..... gauri shankar, the learned senior counsel for the revenue has on the other hand submitted that the excess amount was realised by the appellant company as price of the sugar sold by it during the course of its trading activities and therefore it has been rightly held by the high court to be a trading receipt of the appellant company.we will refer to the law laid down in a few cases by this ..... in 1970, there was a retrospective amendment in the relevant sales tax law as a result of which the appellants liability was upheld by the courts. ..... the amount of rusum) was remitted to the state later on and consequent upon the said amendment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2041; (1977)4SCC130; 1977(9)LC431(SC)
..... be done in order to restore to the scattered community of small consumers their hard earned money improperly collected by the petitioners under the cover of judicial order and with that end in view, it enacted the levy sugar price equalisation fund act, 31, of 1976 (hereinafter referred to as the act). ..... excess realisations were made by the petitioners since they realised, on the sale of levy sugar, price in excess of the controlled price and it would seem prima facie that the excess realisations having been made before the commencement of the act, the petitioners were bound under sub-section (3) of section 3 to credit to the fund, within thirty days of the commencement of the act, the amounts representing such excess realisations together with interest at the rate of ..... by the court by an interim order, if such interim order is set aside, whether by the court which made the order of in appeal or revision.section 3, sub-section (1) provided for establishment of a fund to be called the levy sugar price equalization fund' and sub-section (2) of that section enacted inter alia that, save as otherwise provided in sub-section (4), there shall be credited to the pund the amounts representing all excess realisations made by the producers, ..... the act, came into force on 16th february, 1976 and it was enacted to provide for the establishment, in the interest of the general public, of a fund to ensure that the price of the levy sugar may be uniform throughout india and matter connected there .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2269; [1990]183ITR433(SC); JT1990(1)SC550; [1990]2SCR142; 1990(1)LC625(SC); 1990(1)WLN168
..... agricultural produce markets act, 1961 (for brevity the act) levying market-fee on sale and purchase of agricultural produce in market-yard or sub-market-yard was challenged by dealers for lack of legislative competence, violation of articles 14, 19, 301 and 304 of constitution, absence of any quid pro quo in the fee paid and service rendered, illegal and arbitrary inclusion of manufactured articles such as khandsari, shak-kar, gur and sugar as agricultural produce ..... re-included or re-grouped or it was added later was immaterial as section 40 of the act empowered state government to amend or include any item in the schedule of agricultural produce. ..... as it was in complete disregard of definition of the word 'agricultural produce' in the act which includes all produce whether agricultural, horticultural, animal husbandry or otherwise as specified in the schedule ..... , are reproduction of any of those petitions, which were pending in this court from before is not relevant but various group of petitions of punjab and haryana dealers challenging constitutionality and legality of act and its provisions including gur, khandsari and shakkar as agricultural produce in the schedule of punjab act have been dismissed by different benches presumably because of decisions in kewal krishan puri v. ..... it was urged that inclusion of sugar in the schedule of the act was arbitrary, primarily because it being a declared commodity of public importance under entry 52 of list i of schedule vii the state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1741; 1984(2)SCALE227; 1984Supp(1)SCC433; 1984(Supp)SCC433; [1985]1SCR207; 1984(16)LC1027(SC)
..... 22681.88 from the levy sugar price equalisation fund under section 6, sub-section (1) of the levy sugar price equalisation fund act, 1976 (hereinafter referred to as the equalisation fund act). ..... sugar mills limited really belonged to the consumers to whom sugar had been sold by these manufacturers, parliament enacted levy sugar price equalisation fund act, 1976 with effect from 1-4-1976 for the purpose of ensuring that the excess amount so recovered should not remain in the hands of manufacturers of sugar so as to unjustly enrich them but should be paid to the consumers of sugar from whom it had been unlawfully recovered by the manufacturers. ..... now, the application made by the appellants in from iv stated in so many terms that the amount in question had been deposited by the registrar of the high court in terms of the levy sugar price equalisation fund rules, 1972, through the chief pay & accounts officer, govt. ..... section 3(1) of the equalisation fund act established a fund known as the levy sugar price equalization fund. ..... section 6 of the equalisation fund act then proceeded to enact that where any amount of excess realisation is credited to the fund, the buyer of levy sugar from whom such excess realisation was made by the manufacturer shall be entitled to the refund of such excess realisation from the fund. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)
..... recognized the importance of protecting and improving environment and safeguarding forests and wild life and article 48a was inserted in part iv of the constitution by the constitution (forty-second amendment) act, 1976 whereby a duty was imposed on the state to endeavour to protect and improve the environment and safeguard forests and wild life of the country. ..... land') for the following purpose, namely -tourism development project - construction of hotel at curla, vainguinim, taleigao.and whereas the government being satisfied by an enquiry held under section 40 of the said act that the proposed acquisition is needed for the aforesaid purpose and the said work is likely to prove useful to the public, has consented to acquire on behalf of the company the said land, hereinbefore ..... the acquisition of land for a company is conditioned by the restrictions in sections 40 and 41 indicates that the legislature intended that land should be acquired through the coercive machinery of the act only for the restricted purpose mentioned in sections 40 and 41, which would also be a public purpose for the purpose of section 4....let us therefore turn to the words of section 40(1)(b), which ..... of the government to levy assessment on the land ..... (xii) by an order dated 26.6.1984, goa bench of the high court of bombay allowed the writ petition and quashed the impugned notifications only on the ground of non compliance ..... lies in the fact whether the cost of acquisition comes out of public funds wholly or partly. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2504; JT1998(4)SC601a; 1998(4)SCALE73; (1998)6SCC1; [1998]3SCR643
..... court has noted that large areas of lands are being acquired for noida and the activity carried out by it in the region is very laudable and that noida not only is an authority constituted under the act of 1976 but also caters to a well developed locality which is situated in near proximity to delhi and the entire concentration of the state of uttar pradesh is to develop it in such a fashion so as to attract the biggest entrepreneurs ..... however, the parent act itself underwent an amendment in 1984, as noted earlier, and the words 'waste or arable' were taken out from the sweep of section 17 sub-section (1) read with sub ..... industrial area development act, 1976 the notification of 17th april, 1976 was published to declare the area comprising the villages mentioned in the schedule annexed thereto, to be called the new okhla ..... the learned standing counsel is that this area was already declared as industrial development area and after the notification of 1976 was issued, such area could not have been converted into abadi. ..... it is not in dispute between the parties that initially in 1976 large tracts of lands in ghaziabad district in the state of uttar pradesh were acquired from the very village from which the present lands also are sought ..... by a notification dated 30th april, 1976, the state of uttar pradesh exercising powers under sub-section 1 of section 4 issued a notification in the name of the governor of uttar pradesh to the effect that various plots of lands mentioned in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... the delhi rent control act, 1958 (as amended by act 18 of 1976). ..... any instrument have effect by virtue of any law other than this act (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companie (special provisions) act, 1985 and the small industries development bank of india ..... for reasons which are obvious, the respondent-company chose not to take recourse either to section 20 of the rddb act or rule 60 of the second schedule of the income tax act, 1961, and took a chance of filing an appeal under section 30 of the rddb act with regard to the fixation of the reserve price of the company's assets by the recovery officer for the purposes of the auction sale and the scope of the appeal was limited ..... the industrial development bank of india (`idbi' for short) which was the predecessor of the stressed assets stabilisation fund (`sasf' for short), financed the project undertaken by the company by way of foreign currency loan and also ..... said provision, the industrial development bank of india (hereinafter referred to as `idbi'), which was the predecessor of the stressed assets stabilisation fund (hereinafter referred to as `sasf'), financed the project undertaken by the company.4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1194; [1984]148ITR664(SC); 1983(1)SCALE590; (1983)3SCC529; [1983]3SCR198; [1983]53STC289(SC)
..... the first contention urged on behalf of the petitioners is that the lacuna in the act which was pointed out by this court in khemaka's case (supra) namely that there was no specific provision levying penalties in the act as it stood before its amendment in 1976 remains unfilled up even now and hence no penalties can be recovered by utilising the provisions of the general sales tax ..... referred to as 'the act') as amended by the central sales tax (amendment) act, 1976 (act no. ..... utilised the money which should have been paid to the government and have committed default in performing their duty, if parliament calls upon them to pay penalties in accordance with the law as amended with retrospective effect it cannot be said that there has been any unreasonable restriction imposed on the rights guaranteed under article 19(1)(f) and (g) of the constitution, even though the period of retrospectivity is nearly ..... ordinarily be based on arbitrary considerations but in the light of the facility of trade in a particular commodity, the market conditions internal and external-and the likelihood of-consumers not being scared away by the price which includes a high rate of tax. ..... financial year of any tax, including any penalty, levied and collected under this act in any state (other than a union territory) on behalf of the government of india shall be assigned to that state and shall be retained by it and the proceeds attributable to union territories form part of the consolidated fund of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3479; 2003(2)AWC1462(SC); JT2003(3)SC284; 2003(3)SCALE342; (2003)9SCC542; [2003]2SCR1000
..... of the objects of the authority, the authority shall perform the following functions:- (a) to acquire land in the industrial development area, by agreement or through proceedings under the land acquisition act, 1894 for the purposes of this act;(b) to prepare a plan for the development of the industrial development area;(c) to demarcate and develop sites for industrial, commercial and residential purposes according to the plan;(d) to provide infrastructure for ..... the relevant portions in the uttar pradesh industrial area development act, 1976 (for short 'the 1976 act') read as under:-'an act to provide for the constitution of an authority for the development of certain areas in the state into industrial ..... as 261(min), 262(min), 256, 260, 263 and 293 were purchased by persons from outside (not original villagers) during the crop years 1391 to 1393 (1984- 1986) and afterwards and demand to release the lands from acquisition has been made by them. ..... a quorum thereat;(b) the powers and duties of the chief executive officer;(c) the form of register of application for permission to erect a building;(d) the management of properties of the authority;(e) fees to be levied in the discharge of its functions;(f) such other matters as are to be provided for in regulation. ..... maintain the record-of-rights and for that purpose shall annually, or at such longer intervals as the state government may prescribe, cause to be prepared an amendment register mentioned in section 32.(2) to (8) .....''52. .....
Tag this Judgment!