Advanced Search Results

Sanjeev Mittal Vs. M/S Tirupati Infraprojects Pvt. Ltd. and anr

Court : Delhi

Subject : Land Acquisition

is anti competitive or not, can be determined only by the Competition Commission of India established under The Competition Act, 2002 and the jurisdiction of the Civil Court to go into the said question is barred. Reference in this … of entitlement of the plaintiff to the injunction claimed.9. The counsel for the plaintiff has argued: (a) that Section 6(d) of the Transfer of Property Act, 1882 provides that property of any kind may be transferred except … by them to the plaintiff; (b) attention was next invited to Section 55(1)(a) of the Transfer of Property Act dealing with rights and liabilities of

Sudha Gupta Vs. Dlf Ltd

Court : Supreme Court of India

Subject : Land Acquisition

Sanjiv Khanna, J.1. Appellant Sudha Gupta, who appears in­person in the present appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restrictive Trade Practices Act, 1969 impugns order dated 8th

Airports Economic Regulatory Authority Of India Vs. Delhi Internationa ...

Court : Supreme Court of India

Subject : MRTP

Central Government or a State Government or a statutory 54 Competition Commission of India Act 2002; Section 53S(2) 55 “53T. Appeal to Supreme Court.- The Central Government or any State Government or the Commission or any statutory … in proceedings initiated suo moto by it since it is a dominus litus in such proceedings;49 47 The Competition Act 2002; Section 53S; Also see the Competition Commission of India (General) Regulations 2009; Regulation 51 48 (2010) 10 SCC744[104]. 49

Rajasthan Cylinders and Containers Limited Vs. u.o.i and Anr

Court : Supreme Court of India

Subject : MRTP

indulged in cartilisation, thereby influencing and rigging the prices, thus, violating the provisions of Section 3(3)(d) of the Competition Act, 2002 (for short, the ‘Act’). The CCI, as a result, imposed severe penalties in the form of fines under … presumption that four types of agreements mentioned in sub-section (3) will have an appreciable adverse effect on competition. 5573) We may also state at this stage that Section 19(3) of the Act mentions the factors which are

Commissioner of Income Tax Vs. Ms. Real Image Pvt. Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Section 143(1), 55(2)(a); Finance Act, 2002 - Section 28(v-a)

He has also contended that introducing the provision in the statute with effect from 1.4.2003 vide the Finance Act, 2002 would indicate that it is the intention of the Legislature to tax such receipts irrespective of the assessment … Prayer:- Appeal under Section 260A of the Income Tax Act, 1961 against the orders of the Income Tax Appellate Tribunal Madras 'B' … the "Goodwill" and brought to tax under Section 45 read with Section 55(2)(a) of the Income Tax Act, 1961. The matter was taken in appeal

K. Sunil Kini Vs. Income Tax Officer, Ward 2(2),

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2006)6SOT139(Bang.)

taxed as business income relying on clause (va) of section 28 inserted into the statute book by Finance Act, 2002, with effect from 1-4-2003.The Commissioner (Appeals), in the first appeal, had accepted the assessee's claim that the receipt … that the receipt is liable to be taxed as capital gains in view of the amendment effected to section 55(2)(b) by Finance Act, 1997. He, accordingly, directed the assessing officer to compute capital gains as long-term capital gains.

R.K. Swamy Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (2004)88ITD185(Chennai)

the amount received under separate agreement for non-competition.4.10 Moreover Sub-clause (va) to Section 28 introduced by the Finance Act, 2002 with effect from 1-4-2003 would strengthen the view of the appellant regarding non-taxability of the receipt of non-compete … that: Since 'goodwill' is a self-generated capital asset and cost of acquisition is Nil, in terms of Section 55(2)(a)(n). the receipt is assessable as capital gains. However, I am of the view that this receipt is assessable

Deputy Commissioner of Income Tax Vs. Ram Kumar Giri

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2006)103TTJ(Chennai)352

consideration of Rs. 1.5 crores paid to each of the assessees was for the purpose of avoiding immediate competition, the same was in the nature of non-compete fees. It clearly shows that the assessee had not given … clauses are outside the purview of the non-compete agreement entered by the assessee.11. The amendment in the Finance Act, 2002 proves that the above clauses are not applicable to the assessee's case and Section 28(va) is applicable with … right to manufacture as contemplated even in the amended provisions of Section 55(2)(a) and, in any case, the said amendment having been specifically made for

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

Subject : MRTP

all these proceedings, under Article 226 of the Constitution of India, the petitioners challenge various provisions of the Competition Act, 2002 (hereafter “the Act”). The specific challenge is to provisions of Sections 22(3), 27(b), 53A, 53B, 53C, 53D, 53E, … any other matter which in the opinion of the Central Government, may be useful to the Appellate Tribunal. Section 55: Power of Central Government to issue directions (1) Without prejudice to the foregoing provisions of this Act, the

M/S. Dlf Limited and Another Vs. Competition Commission of India and O ...

Court : Competition Appellate Tribunal

Subject : Land Acquisition

the above-said clauses were described as ex-facie unfair and discriminatory attracting the provisions of section 4(2)(a) of the Competition Act, 2002 (hereinafter "Act"). It was urged that this amounted to abuse of dominant position by the Appellant. A complaint … and Smt. Kiran Sharma were the Informants. Similarly Appeal No. 12 of 2012 relates to CCI Case No. 55 of 2010 in which Mili Marketing Private Limited was the Informant. Similarly, Appeal No. 20 of 2012 relates