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Vodafone India Services (P.) Ltd. Vs. Union of India

Court : Mumbai

Subject : Land Acquisition

was determined by the Petitioner in accordance with the methodology prescribed by the Government of India under the Capital Issues (Control) Act, 1947. However, according to the Assessing Officer (AO) and Transfer Pricing Officer (TPO), the Petitioner ought to have valued … on the deemed loan to its AE for the F. Y. 2008-09. 10 Summary of TP adjustments The transfer pricing adjustments made in this order … by the Petitioner was to the order dated 28 January 2013 of the TPO passed in terms of Section 92CA of the Act and the consequent draft assessment order dated 22 March 2013 passed by the AO

Standard Mills Co. Ltd. Vs. Commissioner of Income-tax, Bombay City I

Court : Mumbai

Subject : Direct Taxation

Acts : Indian Finance Act, 1956

Reported in : [1963]49ITR218(Bom)

share capital again, the company had to obtain the consent of the Controller of Capital Issues under the Capital Issues Control Act, 1947. Such a consent was obtained on the 27th July, 1955, and the consent granted was that the company … 1950. The consent granted by the Assistant Controller of Capital Issues (who was the appropriate authority appointed under section 10 of the Act), was for the issue of 8,000 ordinary shares of Rs. 100 each at par. After

Oswal Agro Furane Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Excise

Reported in : 1989(24)LC533(P& H)

licence (Annexure P-3) dated 5th April 1982 giving statutory effect under Section 3 of the Import and Export (Control) Act, 1947 (hereinafter called the 'Act') to the conditions which were to be made applicable to 100% Export Oriented Units … 21st June, 1984 entered into a supply agreement with Messrs. Ballestra SPA Milano Italy for the import of capital of goods for the total value of 30 million U.S $. This was done because as per the … up 100% Export Oriented Units. The Chief Controller of Imports and Exports issued an open general licence (Annexure P-3) dated 5th April 1982 giving statutory … for the manufacture of furfural and edible rice bran oil under the 100% Import-Export Policy April-March 1982-83, (Annexure P-2) (in the face of doctrine of

In Re: Novopan India Limited;

Court : Andhra Pradesh

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3; Companies Act, 1956 - Sections 21, 81, 100, 101, 101(2), 102, 102(1), 102(2), 173, 176, 391, 391(1), 391(2), 393, 393(1), 394 and 394A; Companies (Court) Rules, 1959 - Rule 85

Reported in : [1997]88CompCas596(AP)

(xiii) Though fresh capital cannot be issued without the permission of the Controller of Capital Issues under the Capital Issues (Control) Act, 1947, section 3, where a scheme envisages increase of capital the fact that permission for issue of fresh capital was … particle boards and to conduct business in such product. The reasons for amalgamation are set out on page 10 of the affidavits filed in support of the applications. It is also stated that the board of directors

Narendra Kumar Maheshwari Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Company

Acts : Constitution of India - Articles 12, 14, 19(1), 38, 39, 136 and 226; Companies Act, 1956 - Sections 2(12) and 123; Administrative Law; Monopolies and Restrictive Trade Practices Act; Companies Act, 1956 - Sections 2(12) and 123; Transfer of Property Act, 1882 - Sections 48; Capital Issues(Control) Act, 1947 - Sections 3 and 12

Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43

necessary to set out in detail these proposals. On 4th July, 1988, CCI granted the consent under the Capital Issues (Control) Act, 1947 to the public issue. There were variations between the proposal and the Order of consent of the CCI.50. … 1st September, 1988 and ending on 10th November, 1988 had to be strictly adhered to. The provisions of Section 73 and other applicable provisions of the Companies Act, 1956, the provisions of the Securities (Contract and Regulation) … 3. The petitioner held at all relevant times 144 shares of RIL 100 debentures of different categories. The respondent No. 3, being RPL, was a

Consumer Education and Research Vs. T.T.K. Pharma Ltd. and ors.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Subject : MRTP

Reported in : (1990)68CompCas89NULL

the public issue had been expressly authorised and approved by the Central Government under the provisions of the Capital Issues (Control) Act, 1947, no order under Section 37 could be passed and also registration of any agreement regarding this issue is … mentioned. In Restrictive Trade Practices Enquiry No. 157 of 1986, the respondent-company offered 11,50,000 equity shares of Rs. 10 each for cash at par linking them with 1,15,000 15% secured redeemable non-convertible debentures of Rs. 100 each

N. Parthasarathy Vs. Controller of Capital Issues and anr.

Court : Supreme Court of India

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3; Companies Act, 1956 - Sections 3(6), 55A, 61, 62, 63, 72 and 81(1A); Constitution of India - Articles 14, 39, 136, 226 and 298; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 2

Reported in : AIR1991SC140; [1991]72CompCas651(SC); (1991)2CompLJ1(SC); JT1991(2)SC218; 1991(1)SCALE675; (1991)3SCC153; [1991]2SCR329

to its letter dated 26.7.89 intimated that the Central Government in exercise of the powers conferred by the Capital Issues (Control) Act, 1947 gave their consent to the issue by L&T; Ltd. of 12.5% secured fully convertible debentures of the value … incorporated with paid up capital of Rs. 11000/- (1,100 shares of Rs. 10/- each). This continued till 29.12.1988 when its capital was raised to Rs. … 22.9% without any consideration whatsoever for agreeing to such reduction and to pass on their vested rights Under Section 81 of the Companies Act to preemptive allotment of shares in Larsen & Toubro to the members, debenture

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1988)25ITD193(Delhi)

In particular, he pointed out that CCS did not flow from Section 3 of the Import and Export (Control) Act, 1947. He submitted that whereas the earlier schemes could, be said to have aimed at compensation for certain disadvantages … of India [1985] 152 ITR 308, i.e., all liabilities are to be deducted for the purpose of computing capital employed, which shall have the effect of the Revenue's appeal on the point being allowed and the assessee's … not entitled to any weighted deduction on the following items : Identical issues had come up before the Special Bench, as also before the Division … Calcutta, High Court in the case of Century Enka Limited reported in 107 ITR.3. Brief facts in the background of the dispute regarding relief under

indo Asian Switchgears (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (1985)12ITD65(Delhi)

export of commercial commodities. In exercise of this delegated power, the Government issues Export Control Orders from time to time. (ii) The delegation of legislative … 145 ITR 642. The Court recorded the following position : (i) Section 3 of the Imports and Exports (Control) Act, 1947, delegates the legislative powers to the Central Government to prohibit, restrict or control the import or export of … Rs. 1,35,020.The assessee claimed that this sum of Rs. 1,35,020 was a capital receipt and not taxable. The IAC did not accept this plea. In … assessee as a bounty or reward from the State, it followed that such a bounty was exempt under Section 10 (17B) of the Act.16. On the position brought out before us, it does not appear at all that

Madan Gopal Jajoo and Others Vs. Union of India and Others

Court : Delhi

Subject : Company

Acts : Capital Issue (Control) Act, 1947 - Sections 3(6); Companies Act, 1956 - Sections 61, 62 and 63; Constitution of India - Article 226; Capital Issues (Application for Consent) Rules, 1966

Reported in : AIR1992Delhi253; [1996]85CompCas153(Delhi); ILR1992Delhi877

of Economic Affairs and the second is the Controller of Capital Issues (CCI) exercising its functions under the Capital Issues (Control) Act, 1947 (for short 'the Act).2. The petitioners have sought a writ of certiorari, or any other writ, or direction … R. Jha) Deputy Controller of Capital Issues Copy to:-1. The ROC, Maharashtra, Bombay.2. RBI, SCD, Co, Bombay.3. S.E. Section.4. Guard File 5. Reliance Industries Limited. (R. R. Jha) Deputy Controller of Capital Issues'How this amendment order came … of Convertible Debenture of Rs. 290/- each offered on rights basis, Rs. 100/- will be converted into two equity shares of Rs,. 10/- each at