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Start Free TrialFactoring Regulation Act, 2011, (Central) Section 16
Title: Defences and Right of Set off of Debtor
State: Central
Year: 2011
In a claim by the assignee against the debtor for payment of the assigned receivable, the debtor may raise against the assignee,- (a) all defences and right of set off arising from the original contract, entered into between the assignor and debtor or any other contract that was part of the same transaction, of which the debtor could avail himself as if the assignment had not been made and such claim were made by the assignor instead of assignee: Provided that the assignee shall, unless otherwise agreed between the parties, be entitled to recover from the assignor, any loss suffered by it as a result of any such defences and right of set off being exercised by the debtor; (b) any other right of set off if it was available to the debtor at the time notice, under section 8, of the assignment was received by the debtor.
View Complete Act List Judgments citing this sectionThe Jharkhand Municipal Act, 2011 Complete Act
State: Jharkhand
Year: 2011
.....or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat; (47) "Factory" means a factory as defined in the Factories Act, 1948; (48) "Filth" means (a) night soil or other contents of latrines, cesspools and drains; (b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and (c) putrid or putrifying substance, (49) "Finance Commission" means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act; (50) "Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (51) "Footpath" means a pavement, for use by pedestrians; (52) "Goods" include animals; (53) "Government" means the State Government of Jharkhand; (54) "Holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that, where two or more adjoining holdings held by the same.....
List Judgments citing this sectionFinance Act, 2011, (Central) Schedule I
Title: First Schedule
State: Central
Year: 2011
.....any debentures issued by a company where such debentures are listed on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; (C) any security of the Central or State Government (vi) on any other income 10 per cent.; (b) where the person is not resident in India-- (i) in the case of a non-resident Indian-- (A) on any investment income 20 per cent.; (B) on income by way of long-term capital gains referred to in section 115E 10 per cent.; (C) on income by way of short-term capital gains referred to in section 111A 15 per cent.; (D) on other income by way of long-term capital gains [not being long-term capital gains referred to in clauses (33), (36) and (38) of section 10] 20 per cent.; (E) on income by way of interest payable by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not being income by way of interest referred to in section 194LB) 20 per cent.; (F) on income by way of royalty payable by Government or an Indian concern in pursuance of an agreement made by it with the.....
View Complete Act List Judgments citing this sectionThe Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 Complete Act
State: Uttarakhand
Year: 2011
.....Warehousing Corporation" means the Central Warehousing Corporation, established or deemed to be established under the Warehousing Corporation Act, 1962 (Act No. 58, 1962); (ix) "Chief Executive Officer" means a person, appointed as such under sub-section (2) of section 36 of the Act, by Agriculture Produce Marketing Committee. (x) "Collector" means the Collector of the District, where the Principal Market Yard of the Market Area is located, and includes such other officer, as may be authorized by him in that behalf; (xi) "Commissioner" means, the Commissioner of such administrative division of the State, where the Principal Market Yard of the Market Area is located;. (xii) "Commission Agent, dalal or arhatiya" means a person, who, in the ordinary course of business, negotiates or arrange contracts for the purchase or sale of the agricultural produce, on behalf of his principal, on payment of his commission or remuneration, whether in cash or kind, but it does not include the servant of such principal, whether engaged in negotiating or arranging such contracts; (xiii) "Committee " means the Agricultural Produce Marketing Committee, constituted under this Act; .....
List Judgments citing this sectionFinance Act, 2011, (Central) Section 19
Title: Insertion of New Chapter Xii
State: Central
Year: 2011
.....have been computed in accordance with the provisions of this Chapter and furnish such report on or before the due date of filing of return under sub-section (1) of section 139. 115JD. Tax credit for alternate minimum tax.--(1) The credit for tax paid by a limited liability partnership under section 115JC shall be allowed to it in accordance with the provisions of this section. (2) The tax credit of an assessment year to be allowed under sub-section (1) shall be the excess of alternate minimum tax paid over the regular income-tax payable of that year. (3) No interest shall be payable on tax credit allowed under sub-section (1). (4) The amount of tax credit determined under sub-section (2) shall be carried forward and set off in accordance with the provisions of sub-sections (5) and (6) but such carry forward shall not be allowed beyond the tenth assessment year immediately succeeding the assessment year for which tax credit becomes allowable under sub-section (1). (5) In any assessment year in which the regular income-tax exceeds the alternate minimum tax, the tax credit shall be allowed to be set off to the extent of the excess of regular income-tax over the alternate.....
View Complete Act List Judgments citing this sectionThe Chhattisgarh Rent Control Act, 2011 Complete Act
State: Chattisgarh
Year: 2011
THE CHHATTISGARH RENT CONTROL ACT, 2011 THE CHHATTISGARH RENT CONTROL ACT, 2011 [Act No. 19 of 2012] ( Published in C.G. Rajpatra (Asadharan) dated 6-11-2012 Pages 560(14-24).) [23rd May, 2011] PREAMBLE An Act to provide for adjudication of matters relating to rent by a Tribunal and to promote leasing of accommodation by balancing the interests of landlords and tenants. Be it enacted by the Chhattisgarh Legislature in the Sixty-second Year of the Republic of India, as follows:-- Section 1 - Short title, extent and commencement (1) This Act may be called the Chhattisgarh Rent Control Act, 2011. (2) It shall extent in first instance to such of the Municipal areas which are comprising the District Headquarters in the State and later on to such of the other Municipal areas or any areas within the State as the State Government may, by Notification in the Official Gazette, specify from time to time. (3) It shall come into force from the date of its publication in the Official Gazette. Section 2 - Definitions In this Act, unless the context otherwise requires,-- (1) "Accommodation" means any building or part of a building, whether residential or.....
List Judgments citing this sectionThe Orissa Sales Tax (Settlement of Arrears) Act, 2011 Complete Act
State: Orissa
Year: 2011
.....Authority. For carrying out the purposes of this Act, the officers as referred to in sub-section (2) of section 3 of the Orissa Value Added Tax Act, 2004 shall act as designated authority and such authority shall exercise the power and function within such limit as may be specified, from time to time, in the order issued in this behalf by the Commissioner. 4. Eligibility for settlement. Subject to the other provisions of this Act, an applicant may make an application for settlement of arrears of tax, penalty or interest or both interest and penalty in respect of which assessment has been made under the relevant Act, prior to the 1st day of April, 2008, and pending collection of such arrears on the date of filing of application under the Act. 5. Application for settlement. (1) An application for the purpose of section 4 shall be made to the designated authority by an applicant within three months from the date of commencement of this Act or by such later date as the Government may, by notification, specify, from time to time, in such form, and in such manner, as may be prescribed, with proof of payment of the amount payable at the rates specified in section 7. (2) A.....
List Judgments citing this sectionTamil Nadu Sales Tax (Settlement of Arrears) Act, 2011 Complete Act
State: Tamil Nadu
Year: 2011
.....Act, 1971 (Tamil Nadu Act 24 of 1971), the repealed Tamil Nadu Additional Sales Tax Act, 1970 (Tamil Nadu Act 14 of1970) and the Central Sales Tax Act, 1956 (Central Act 74 of1956); Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-Second Year of the Republic of India as follows:" 1. Short title, extent and Commencement. " (1) This Act may be called the Tamil Nadu Sales Tax (Settlement of Arrears) Act, 2011. (2) It extends to the whole of the State of Tamil Nadu. (3) It shall come into force on such date as the State Government may, by Notification, appoint. 2. Definitions. " (1) In this Act, unless the context otherwise requires," (a) "applicant" means a dealer as defined in the relevant Act; (b) "arrears of tax, penalty or interest" means" (i) Tax including additional sales tax, surcharge, additional surcharge and central sales tax, payable by an applicant upon assessment under the relevant Act; or (ii) penalty payable by an applicant under the relevant Act; or (iii) interest payable by an applicant under the relevant Act as the case may be, pertaining to the assessment year up to 2006-2007 for which.....
List Judgments citing this sectionFactoring Regulation Act, 2011, (Central) Section 2
Title: Definitions
State: Central
Year: 2011
.....in clause (f) of section 45-I of the Reserve Bank of India Act, 1934, (2 of 1934) which has been granted a certificate of registration under sub-section (1) of section 3 or anybody corporate established under an Act of Parliament or any State Legislature or any Bank or any company registered under the Companies Act, 1956 (1 of 1956) engaged in the factoring business; (j) "factoring business" means the business of acquisition of receivables of assignor by accepting assignment of such receivables or financing, whether by way of making loans or advances or otherwise against the security interest over any receivables but does not include-. (i) credit facilities provided by a bank in its ordinary course of business against security of receivables; (ii) any activity as commission agent or otherwise for sale of agricultural produce or goods of any kind what so ever or any activity relating to the production, storage, supply, distribution, acquisition or control of such produce or goods or provision of any services. Explanation. -For the purposes of this clause- (i) the expression "agricultural produce" shall have the meaning assigned to it under clause (a) of section 2 of.....
View Complete Act List Judgments citing this sectionFactoring Regulation Act, 2011, (Central) Section 7
Title: Assignment of Receivables
State: Central
Year: 2011
.....to the assignee any defences and right of set off that may be available to the debtor: Provided that if the debtor liable to pay the receivable or the business of factor is situated or established outside India, any assignment of receivable shall be subject to the provisions of the Foreign Exchange Management Act, 1999 (42 of 1999). (2) On execution of agreement in writing for assignment of receivables, all the rights, remedies and any security interest created over any property exclusively to secure the due payment of receivable shall vest in the assignee and the assignee shall have an absolute right to recover such receivable and exercise all the rights arid remedies of the assignor whether by way of damages or otherwise, or whether notice of assignment as provided in section 8 is given or not. (3) Any assignment of receivables which constitute security for repayment of any loan advanced by any Bank or other creditor and if the assignor has given notice of such encumbrance to the assignee, then on accepting assignment of such receivable, the assignee shall pay the consideration for such assignment to the Bank or the creditor, as the case may be.
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