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Finance Act, 2012, (Central) Section 40

Title: Insertion of New Chapter X

State: Central

Year: 2012

.....purpose of obtaining a tax benefit, if the main purpose of a step in, or a part of, the arrangement is to obtain a tax benefit, notwithstanding the fact that the main purpose of the whole arrangement is not to obtain a tax benefit. 97. Arrangement to lack commercial substance.-- (1) An arrangement shall be deemed to lack commercial substance if-- (a) the substance or effect of the arrangement as a whole, is inconsistent with, or differs significantly from, the form of its individual steps or a part; or (b) it involves or includes-- (i) round trip financing; (ii) an accommodating party; (iii) elements that have effect of offsetting or cancelling each other; or (iv) a transaction which is conducted through one or more persons and disguises the value, location, source, ownership or control of funds which is the subject matter of such transaction; or (c) it involves the location of an asset or of a transaction or of the place of residence of any party which is without any substantial commercial purpose other than obtaining a tax benefit (but for the provisions of this Chapter) for a party. (2) For the purposes of sub-section (1), round trip financing includes any.....

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Finance Act, 2012, (Central) Section 59

Title: Insertion of New Section 144ba

State: Central

Year: 2012

After section 144B of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2014, namely:-- "144BA. Reference to Commissioner in certain cases.-- (1) If, the Assessing Officer, at any stage of the assessment or reassessment proceedings before him having regard to the material and evidence available, considers that it is necessary to declare an arrangement as an impermissible avoidance arrangement and to determine the consequence of such an arrangement within the meaning of Chapter X-A, then, he may make a reference to the Commissioner in this regard. (2) The Commissioner shall, on receipt of a reference under sub-section (1), if he is of the opinion that the provisions of Chapter X-A are required to be invoked, issue a notice to the assessee, setting out the reasons and basis of such an opinion, for submitting objections, if any, and providing an opportunity of being heard to the assessee within such period, not exceeding sixty days, as may be specified in the notice. (3) If the assessee does not furnish any objection to the notice within the time specified in the notice issued under sub-section (2), the Commissioner shall.....

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Finance Act, 2012, (Central) Section 63

Title: Amendment of Section 153

State: Central

Year: 2012

.....of April, 2010" shall be inserted; (c) after the third proviso, the following proviso shall be inserted, namely:-- 'Provided also that where the order under section 254 is received by the Chief Commissioner or Commissioner or, as the case may be, the order under section 263 or section 264 is passed by the Commissioner on or after the 1st day of April, 2010, and during the course of the proceedings for the fresh assessment of total income, a reference under sub-section (1) of section 92CA-- (i) is made before the 1st day of July, 2012, but an order under sub-section (3) of section 92CA has not been made before such date; or (ii) is made on or after the 1st day of July, 2012, the provisions of this sub-section shall, notwithstanding anything contained in the second proviso, have effect as if for the words "one year", the words "two years" had been substituted;'; (B) in Explanation 1,-- (a) in clause (Viii), for the words "six months", the words "one year" shall be substituted with effect from the 1st day of July, 2012; (b) after clause (viii) and before the words "shall be excluded", the following clause shall be inserted with effect from the 1st day of April, 2013,.....

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Finance Act, 2012, (Central) Section 65

Title: Amendment of Section 153b

State: Central

Year: 2012

.....or any subsequent financial year and during the course of the proceedings for the assessment or reassessment of total income, a reference under sub-section (1) of section 92CA-- (i) was made before the 1st day of July, 2012, but an order under sub-section (3) of section 92CA has not been made before such date; or (ii) is made on or after the 1st day of July, 2012, the provisions of clause (a) or clause (b) of this sub-section, shall, notwithstanding anything contained in clause (i) of the second proviso, have effect as if for the words "two years", the words "three years" had been substituted.'. (iv) in the fourth proviso for the words, figures and letters "on the 1st day of April, 2005 or any subsequent financial year", the words, figures and letters "on or after the 1st day of April, 2005 but before the 1st day of April, 2009" shall be substituted; (v) after the fourth proviso, the following proviso shall be inserted, namely:-- "Provided also that in case where the last of the authorisations for search under section 132 or for requisition under section 132A was executed during the financial year commencing on the 1st day of April, 2009 or any subsequent financial.....

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Finance Act, 2012, (Central) Section 87A

Title: Amendment of Section 245n

State: Central

Year: 2012

In section 245N of the Income-tax Act, with effect from the 1st day of April, 2013,- (I) in clause (a), after sub-clause (iii) and before the proviso, the following sub-clause shall be inserted, namely:- (iv) a determination or decision by the Authority whether an arrangement, which is proposed to be undertaken by any person being a resident or a non-resident, is an impermissible avoidance arrangement as referred to in Chapter X-A or not."; (II) in clause (b),- (i) in sub-clause (iii), for the word "and", occurring at the end, the word "or" shall be substituted; (ii) after sub-clause (iii), the following sub-clause shall be inserted, namely:- "(iiia) is referred to in sub-clause (iv) of clause (a); and"

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Air Corporations Act, 1953 Complete Act

State: Central

Year: 1953

.....assemble or recondition aircraft, vehicles or other machines and parts, accessories and instruments thereof or therefore and also to manufacture such parts, accessories and instruments, whether the aircraft, vehicles or other machines are owned by the Corporation or by any other person; (f) to enter into and perform all such contracts as are calculated to further the efficient performance of its duties and the exercise of its powers under this Act; (g) to perform any functions as agent or contractor in relation to an air transport service operated by any other person; (h) with the previous approval of the Central Government, to enter into agreements with any person engaged in air transportation with a view to enabling such person to provide air transport services on behalf of or in association with the Corporation; (i) with the previous approval of the Central Government, to determine and levy fares and freight rates and other charges for or in respect of the carriage of passengers and goods on air transport services operated by it; 9[(ii) to make such grants as it thinks fit as contribution or donation, in furtherance of the interests of the Corporation, to any.....

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Insurance Regulatory and Development Authority (Insurance Advertisements and Disclosure) Regulations, 2000 Complete Act

State: Central

Year: 2000

.....of 1972), or Insurance Regulatory and Development Authority Act, 1999 (41 of 1999) shall have the meanings respectively assigned to them in those Acts or the rules as the case may be. Regulation 3 Compliance and control (1) Every insurer or intermediary or insurance agent shall- (i) have a compliance officer, whose name and official position in the organisation shall be communicated to the Authority, and he shall be responsible to oversee the advertising programme. (ii) establish and maintain a system of control over the content, form, and method of dissemination of all advertisements concerning its policies. (iii) maintain an advertising register at its corporate office which must include: (a) a specimen of every advertisement disseminated, or issued or a record of any broadcast or telecast, etc.; (b) a notation attached to each advertisement indicating the manner, extent of distribution and form number of any policy advertised, and (iv) maintain a specimen of all advertisements for a minimum period of three years. (v) file a copy of each advertisement with the Authority as soon as it is first issued, together with information: (a) an identifying number for the.....

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Insurance Regulatory and Development Authority Act, 1999 Complete Act

State: Central

Year: 1999

.....that connection and all other matters incidental thereto as are, in its opinion, necessary to enable the Investigating Authority to discharge satisfactorily his functions under this section. Explanation.-For the purposes of this section, the expression "insurer" shall include in the case of an insurer incorporated in India- (a) all its subsidiaries formed for the purpose of carrying on the business of insurance exclusively outside India; and (b) all its branches whether situated in India or outside India. (9) No order made under this section other than an order made under Cl. (b) of sub-section (6) shall be capable of being called in question in any Court. (10) All expenses of, and incidental to, any investigation made under this section shall be defrayed by the insurer, shall have priority over that debts due from the insurer and shall be recoverable as an arrear of land revenue. 21. In Sec. 33-A, omit "Central Government or the". 22. In Sec. 34-H,- (a) in sub-section (1),- (i) for "Controller", substitute, "Chairperson of the Authority"; (ii) for "an Assistant Controller of Insurance", substitute "an officer authorised by the Authority"; (b) in sub-sections (5) and (7), for.....

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The Code of Criminal Procedure, 1973 Complete Act

State: Rajasthan

Year: 1973

.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner Explanation" In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in a State Medical Register 54. Examination of arrested person by medical practitioner at the request of the arrested person When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by.....

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