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Home Bare Acts Phrase: defraudWealth-tax Act, 1957 Section 34B
Title: Transfers to Defraud Revenue to Be Void
State: Central
Year: 1957
.....after the completion thereof, but before the service of notice under rule 2 of the Second Schedule to the Income-tax Act as made applicable to this Act by section 32, any assessee creates a charge on, or parts with (by way of sale, mortgage gift, exchange or any other mode of transfer whatsoever) the possession of any of his assets in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the assessee as a result of the completion of the proceeding or otherwise: Provided that such charge or transfer shall not be void, if it is made - (i) for adequate consideration and without notice of the pendency of such proceeding or, as the case may be, without notice "of such tax or other sum payable by the assessee; or (ii) with the previous permission of the2[Assessing Officer]. (2) This section applies to cases where the amount of tax or other sum payable or likely to be payable exceeds] five thousand rupees and the assets charged or transferred exceed ten thousand rupees in value. Explanation. -In this section, "assets" means land, building, machinery, plant, shares,securities and fixed deposits.....
View Complete Act List Judgments citing this sectionIndian Stamp Act, 1899 Section 68
Title: Penalty for Post-dating Bills, and for Other Devices to Defraud the Revenue
State: Central
Year: 1899
Any person who, (a) with intent to defraud the Government to duty, draws, makes or issues any bill of exchange or promissory note bearing a date subsequent to that on which such bill or note is actually drawn or made; or (b)knowing that such bill or note has been so post-dated, endorses, transfers, presents for acceptance or payment, or accepts, pays or receives payment of such bill or note, or in any manner negotiate the same; or (c)with the like intent, practices or is concerned in any act, contrivance or device not specially provided for by this Act or any other law for the time being in force; shall be publishable with fine which may extend to one thousand rupees.
View Complete Act List Judgments citing this sectionKarnataka Stamp Act, 1957 Section 62
Title: Penalty for Devise to Defraud the Revenue
State: Karnataka
Year: 1957
Any person, who with intent to defraud the Government of duty, practices or is concerned in any act, contrivance or device not specially punishable under this Act or any other law for the time being in force shall be punishable with fine which may extend to one thousand rupees.
View Complete Act List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....
List Judgments citing this sectionCompanies Act, 1956 Complete Act
State: Central
Year: 1956
.....the same activity as that carried on by the head office of the company; or (c) any establishment engaged in any production, processing or manufacture, but does not include any establishment specified in any order made by the Central Government under (section 8);] (10) "company" means a company as defined in (section 3); [(10A) "Company Law Board" means the Board of Company Law Administration constituted under (section 10E);] [(11) "the Court" means,- (a) with respect to any matter relating to a company (other than any offence against this Act), the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in (section 10) ; (b) with respect to any offence against this Act, the Court of a Magistrate of the First Class or, as the case may be, a Presidency Magistrate, having jurisdiction to try such offence ;] (12) "debenture" includes debenture stock, bonds and any other securities of a company, whether constituting a charge on the assets of the company or not; [(12A) "depository" has the same meaning as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2.....
List Judgments citing this sectionThe Assam Value Added Tax Act, 2003 Complete Act
State: Assam
Year: 2003
.....assessment, self-assessment, audit assessment and reassessment made under this Act; (7) "business" includes.- (a) any trade, commerce or manufacture; (b) any adventure, concern in the nature of trade, commerce or manufacture; (c) any transaction in connection with, or incidental to or ancillary to trade, commerce, manufacture, adventure or concern; (d) any transfer of property in goods involved in execution of a works contract or transfer of the right to use any goods for any purpose or delivery of goods on hire purchase or by any system of payment by installments; (e) any occasional transaction in the nature of such trade, commerce, manufacture, adventure or concern whether or not there is volume, frequency, continuity or regularity of such transaction; Whether or not such trade, commerce, manufacture, adventure, concern or transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, manufacture, adventure, concern or transaction. Explanation- For the purpose of this clause,- (i) the activity of raising of man-made forest or rearing of seedlings or plants shall be deemed to be.....
List Judgments citing this sectionCompanies Act, 1956 Part 7
Title: Winding Up
State: Central
Year: 1956
.....pay the sum so due and the company has for three weeks thereafter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; (b) if execution or other process issued on a decree or order of2[any court or Tr i bunal] in favour of a creditor of the company is returned unsatisfied in whole or in part; or (c) if it is proved to the satisfaction of the3[Tribunal] that the company is unable to pay its debts, and, in determining whether a company is unable to pay its debts, the3[Tribunal] shall take into account the contingent and prospective liabilities of the company. (2) The demand referred to in clause (a) of sub-section (1) shall be deemed to have been duly given under the hand of the creditor if it is signed by any agent or legal adviser duly authorised on his behalf, or in the case of a firm, if it is signed by any such agent or legal adviser or by any member of the firm. _____________________ 1. Substituted by Act 11 of 2003, Section 52, for "five hundred rupees". 2. Substituted by Act 11 of 2003, Section 52, for "any Court" . 3. Substituted by Act 11 of 2003, Section 52, for "Court". Section 435 to 438 - *** .....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Chapter 5
Title: Provisions Applicable to Every Mode of Winding Up
State: Central
Year: 1956
.....amount as the1[Tribunal] may, on the application of the liquidator, authorise him to retain, then, unless he explains the retention to the satisfaction of the1[Tribunal], he shall - (a) pay interest on the amount so retained in excess, at the rate of twelve per cent, per annum and also pay such penalty as may be determined by the Registrar; (b) be liable to pay any expenses occasioned by reason of his default; and (c) also be liable to have all or such part of his remuneration as the1[Tribunal] may think just disallowed, and to be removed from his office by the1[Tribunal]. _____________________ 1. Substituted by Act 11 of 2003, Section 108, for "Court". Section 554 - Liquidator not to pay moneys into private banking account Neither the Official Liquidator nor any other liquidator of a company shall pay any moneys received by him in his capacity as such into any private banking account. Section 555 - Unpaid dividends and undistributed assets to be paid into the Companies Liquidation Account 1 [(1) Where any company is being wound up, if the liquidator has in his hands or under his control any money representing - (a) dividends payable to any creditor.....
View Complete Act List Judgments citing this sectionThe Indian Stamp Act, 1899 Complete Act
State: Punjab
Year: 1899
.....TO FUTURE PAYMENT,ETC., TO BE CHARGED. 28 VALUATION IN CASE OF ANNUITY, ETC. 29 STAMP WHERE VALUE OF SUBJECT-MATTER IS INDETERMINATE. 30 FACTS AFFECTING DUTY TO BE SET FORTH IN INSTRUMENT. 31 DIRECTION AS TO DUTY IN CASE OF CERTAIN CONVEYANCES. 32 DUTIES BY WHOM PAYABLE. 33 OBLIGATION TO GIVE RECEIPT IN CERTAIN CASES. 34 ADJUDICATION AS TO STAMPS 35 ADJUDICATION AS TO PROPER STAMP. 36 CERTIFICATE BY COLLECTOR. 37 INSTRUMENTS NOT DULY STAMPED 38 EXAMINATION AND IMPOUNDING OF INSTRUMENTS. 39 SPECIAL PROVISION AS TO UNSTAMPED RECEIPTS. 40 INSTRUMENTS NOT DULY STAMPED INADMISSIBLE IN EVIDENCE, ETC. 41 ADMISSION OF INSTRUMENT WHERE NOT TO BE QUESTIONED. 42 ADMISSION OF IMPROPERLY STAMPED INSTRUMENTS. 43 INSTRUMENTS IMPOUNDED, HOW DEALT WITH. 44 COLLECTOR'S POWER TO REFUND PENALTY PAID UNDER SECTION 38, SUB-SECTION(1). 45 COLLECTOR'S POWER TO STAMP INSTRUMENTS IMPOUNDED. 46 INSTRUMENTS UNDULY STAMPED BY ACCIDENT. 47 ENDORSEMENT OF INSTRUMENTS ON WHICH DUTY HAS BEEN PAID UNDER SECTION35, 40 OR 41. 48 PROSECUTION FOR OFFENCE AGAINST STAMP-LAW. 49 PERSONS PAYING DUTY OR PENALTY MAY RECOVER SAME IN CERTAIN CASES. 50 POWER TO.....
List Judgments citing this sectionCompanies Act, 1956 Schedule 11
Title: Schedule 11
State: Central
Year: 1956
.....being at the time of the commission of the alleged offence, an officer of a company in respect of which the 1 [Tribunal] subsequently makes an order under section 397 or 398, - (a) has, by false pretences or by means of any other fraud, induced any person to give credit to the company; (b) with intent to defraud creditors of the company, has made or caused to be made any gift or transfer of or charge on, or has caused or connived at the levying of any execution against, the property of the company; or (c) with intent to defraud creditors of the company, has concealed or removed any part of the properly of the company since the date of any unsatisfied judgment or order for payment of money obtained against the company, or within two months before that date; he shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine. 541. Liability where proper accounts not kept (1) Where an application has been made to the 1 [Tribunal] under section 397 or 398 in respect of a company, if it is shown that proper books of account were not kept by the company throughout the period of two years immediately preceding the making.....
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