Bare Act Search Results

Benami Transactions (Prohibition) Act, 1988 Preamble 1

Title: Benami Transactions (Prohibition) Act, 1988

State: Central

Year: 1988

THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (Act, No. 45 of 1988) [5th September, 1988] PREAMBLE An Act to prohibit benami transactions and the right to recover property held benami for matters connected there with or incidental thereto. be it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:--

Benami Transactions (Prohibition) Act, 1988 Section 3

Title: Prohibition of Benami Transactions

State: Central

Year: 1988

(1) No person shall enter into any benami transaction. [(2) Nothing in sub-section (1) shall apply to -- (a) the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife or the unmarried daughter; (b) the securities held by a-- (i) depository as a registered owner under sub-section (1) of section 10 of the Depositories Act, 1996; (ii) participant as an agent of a depository. Explanation.--The expressions "depository" and "Participants" shall have the meanings respectively assigned to them in clauses (e) and (g) of sub-section (1) of section 2 of the Depositories Act, 1996.] (3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) an offence under this section shall be non-cognizable and bailable.

Benami Transactions (Prohibition) Act, 1988 Complete Act

Title: Benami Transactions (Prohibition) Act, 1988

State: Central

Year: 1988

Preamble1 - BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Prohibition of benami transactions Section4 - Prohibition of the right to recover property held benami Section5 - Property held benami liable to acquisition Section6 - Act not to apply in certain cases Section7 - Repeal of provisions of certain Acts Section8 - Power to make rules Section9 - Repeal and saving

Finance (No. 2) Act, 2004 Chapter 7

Title: Securities Transaction Tax

State: Central

Year: 2004

.....that the Board may, having regard to the manner in which taxable securities transactions are settled in a recognised stock exchange or such other factors which may be relevant for the purposes of determining the price of such securities, specify, by rules made by it, the method of determining the price of such securities for the purposes of this clause. ____________________________________________________________ 1. Substituted by the Finance Act, 2008 w.e.f. 1st day of June, 2008 for the following :- (a) in the case of a taxable securities transaction relating to a derivative, being "option in securities", shall be the aggregate of the strike price and the option premium of such "option in securities"; Section 100 - Collection and recovery of securities transaction tax (1) Every recognised stock exchange shall collect the securities transaction tax from every person, being a purchaser or a seller, as the case may be, who enters into a taxable securities transaction in that stock exchange, at the rates specified in section 98. (2) The prescribed person in the case of every Mutual Fund shall collect the securities transaction tax from every.....

Finance Act 2005 Chapter 7

Title: Banking Cash Transaction Tax

State: Central

Year: 2005

.....of Criminal Procedure, 1973(2 of 1974), an offence punishable under sub-section (1) shall be deemed to be non-cognizable within the meaning of that Code. Section 110 - Institution of proceedings A person shall not be proceeded against for any offence under section 109 except with the previous sanction of the Chief Commissioner of Income-tax. Section 111 - Power to make rules (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Chapter. (2) In particular, and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the time within which the return shall be delivered or caused to be delivered to the Assessing Officer or to any other agency and the form and the manner in which such return shall be furnished under sub-section (1) or sub-section (2) of section 98; (b) the time within which the return shall be furnished on receipt of notice under sub-section (2) of section 98; (c) the time within which refund shall be made under sub-section (3) of section 99; (d) the form in which an appeal under section 107 or section.....

Finance Act 2008 Chapter VII

Title: Commodities Transaction Tax

State: Central

Year: 2008

.....or section 107 or section 108, no penalty shall be imposable for any failure referred to in the said sections, if the assessee proves to the satisfaction of the Assessing Officer that there was reasonable cause for the said failure. (2) No order imposing a penalty under this Chapter shall be made unless the assessee has been given a reasonable opportunity of being heard. Section 115 - Application of certain provisions of Income-tax Act The provisions of sections 120, 131, 133A, 156, 178, 220 to 227, 229, 232, 260A, 261, 262, 265 to 269, 278B, 282 and 288 to 293 of the Income-tax Act, 1961(43 of 1961), shall apply, so far as may be, in relation to commodities transaction tax. Section 116 - Appeal to Commissioner of Incometax (Appeals) (1) An assessee aggrieved by any assessment order made by the Assessing Officer under section 103 or any order under section 104, or denying his liability to be assessed under this Chapter, or by an order imposing penalty under this Chapter, may appeal to the Commissioner of Income-tax (Appeals) within thirty days from the date of receipt of the order of the Assessing Officer. (2) An appeal under sub-section (1) shall be in such form.....

Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 Complete Act

State: Central

Year: 1992

.....an appeal shall lie from any judgment7[,decree], sentence or order, not being interlocutory order, of the Special Court to the Supreme Court both on facts and on law. (2) Except as aforesaid, no appeal or revision shall lie to any Court from any Judgment7[,decree], sentence or order of the Special Court. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of any judgment, sentence or order of the Special Court : Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days. SECTION 11: DISCHARGE OF LIABILITIES (1) Notwithstanding anything contained in the Code and any other law for the time being in force, the Special Court may make such order as it may deem fit directing the Custodian for the disposal of the property under attachment. (2) The following liabilities shall be paid or discharged in full, as far as may be, in the order as under : (a) all revenues, taxes, cesses and rates due from the persons notified by the Custodian under subsection (2) of section 3-to.....

Reserve Bank of India Act, 1934 (2 of 1934) Section 17

Title: Business Which the Bank May Transact

State: Central

Year: 1934

..... (10) the sale realisation of all property, whether movable or immovable, which may in any way come into the possession of the Bank in satisfaction, or part satisfaction, of any of its claims; (11) the acting as agent for 1 [***] the 2 [Central Government] 80 [or any 5 [State] Government 81 [***] or any local authority 82 [***] 83 [or the Industrial Finance Corporation of India 84 [***] 11 [or any other body corporate which is established or constituted by or under any other law] 10 [or the Government of any such country outside India or 85 [any such person or authority] is may be approved in this behalf by the Central Government] in the transaction of any of the following kinds of business, namely:- (a) the purchase and sale of gold or silver 86 [or foreign exchange]; (b) the purchase, sale, transfer and custody of bills of exchange, securities or shares in any company; (c) the collection of the proceeds, whether principal, interest or dividends, of any securities or shares; (d) the remittance of such proceeds, at the risk of the principal, by bills of exchange payable either in India or elsewhere; (e) the management of public debt; 87 [(f) 88 [***] the.....

Electricity Supply Undertakings (Acquisition) Act, 1974 Section 13

Title: Transaction Resulting in Dissipation of Assets

State: Karnataka

Year: 1974

.....be made parties to the application. (3) Where the Tribunal is satisfied that the transaction in respect of which an application is made is a transaction to which this section applies, then, unless, the Tribunal is also satisfied that the transaction was a proper transaction made in the ordinary course of business, regard being had to the circumstances at the time, and was not in any way connected with any provisions made by this Act, or in anticipation of the making of any such provision, the Tribunal shall make such order against any of the parties to the application as it thinks just having regard to the extent to which the parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. (4) Where an application is made to the Tribunal under this section in respect of any transaction and the application is determined in favour of the Government, the Tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction. On any such application, the Tribunal may order that Government deduct from the amount payable to the company under this Act, such amount as it may consider to be the.....

Usurious Loans Act, 1918 Section 3

Title: Reopening of Transactions

State: Central

Year: 1918

.....This section shall apply to any suit, whatever its form may be, if such suit is substantially one for the recovery of a loan or for the enforcement of any agreement or security in respect of a loan {Ins.by Act 28 of 1926, s, 3.}[or for the redemption of any such security]. (4) Nothing in this section shall affect the rights of any transferee for value who satisfies the Court that the transfer to him was bona fide, and that he had at the time of such transfer no notice of any fact which would have entitled the debtor as against the lender to relief under this section. For the purposes of this sub-section, the word " notice " shall have the same meaning as is ascribed to it in section 4 of the Transfer of Property Act, 1882. (5) Nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any Court.