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Jones (Respondent) Vs. Garnett (Her Majesty's Inspector of Taxes) (App ...

Court : House of Lords

Subject : Land Acquisition

disposition, trust, covenant, agreement, arrangement or transfer of assets") appeared for the first time in subsection (9)(b) of section 21 of the Finance Act 1936 (provisions as to income settled on children), which was capable of applying to … this case only became of practical importance when separate taxation of husband and wife was introduced by the Finance Act 1989. That did not mean, however, that Parliament was necessarily willing to allow one spouse to reduce his … for the benefit of minor children, by then contained in section 437 of the Income and Corporation Taxes Act 1970. In September 1980 two brothers, Graham and Garry Wildin, who each had two minor children, started negotiations with

Kishan Lal Mantumal Vs. State of Rajasthan

Court : Rajasthan

Subject : Constitution

Reported in : 1988WLN(UC)479

of Kerala High Court have held as under:After the passing of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, Central Bank of India became a bank of which entire share capital vested in the Central Government and … public servent for the purposes of Chapter IX, Penal Code.' In the Acquisition and Transfer Undertakings Act of 1970, Section 14 prescribes that every custodian of a corresponding new bank, viz , a nationalised bank, shall be deemed … petitioner.2. Present petitioner has submitted that the Bank Officer is not a Public Officer within the purview of Section 21 of the Indian Penal Code. It was submitted that the Bank is not a Corporation but is Corporate … of place here to mention, that number of co-operative societies are controlled financed and managed by the State Government. Their employees will also become the

Devkala Consultancy Services, Bangalore Vs. Union of India and Others

Court : Karnataka

Subject : Commercial

Acts : Interest-Tax Act, 1974 - Sections 4, 5 and 26-C; Constitution of India - Articles 265 and 226; Banking Regulation Act, 1949 - Sections 21, 35-A(1) and 36(1); State Bank of India Act, 1955; State Bank of India (subsidiary Banks) Act, 1959; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980; Finance Act, 1991; Foreign Exchange Regulation Act, 1947 - Sections 20(3)

Reported in : 1999(2)KarLJ115

of the Interest-tax Act are stated to have been re-introduced with effect from 1-10-1991 by virtue of the Finance Act, 1991. Section 4 of the said Act provides that the bank shall charge for every assessment year commencing … are stated to be Banking Companies established under the provisions of Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. In this way, respondents 3 to 29 are … Act, 1974 (hereinafter referred to as the 'Interest-tax Act') and the directions issued by the second respondent under Section 21 of the Banking Regulation Act, 1949 (hereinafter referred to as the 'Banking Regulation Act'). The alleged illegal collection

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (1997)224ITR473AAR

No. 10 of 1996 Vs.Income Tax Act, 1961 - Sections 161, 161(1), 161(1A), 164, 164(4), 166 and 245Q; Finance Act, 1970; Double Taxation Avoidance Agreement - Articles 5, 10(2) and 13 CIT (Addl.) v. Surat Art Silk Cloth Manufacturers … persons on whose behalf or whose benefit any such assets are held are indeterminate or unknown" employed in Section 21(4) of the Wealth-tax Act, 1957. The court observed (headnote) : " The question in regard to the applicability

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

Subject : Land Acquisition

the Government and it is in accordance with law. 11. The Union Finance Minister in his budget placed before the Parliament in 2001 has laid … notification dated 1.8.2001 by which the notification issued under Section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (for short hereinafter referred to as ‘the Act’) came to be rescinded and also the declaration granted by … contentions held that a Government can issue a notification rescinding its earlier notification under Section 10 read with Section 21 of the General Clauses Act but it has to be done in a manner acceptable in law. However,

income-tax Officer Vs. Shri Krishna Bhandar Trust

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1989)29ITD15(Kol.)

the provisions of Section 164 as it stood before the amendment introduced with effect from 1-4-1970 by the Finance Act, 1970. Section 164 which was considered. by the Gujarat High Court was as follows : 164. Where any income in … case of Trustees of H.E.H. Nizam's Family (supra) were dealing with a case under the Wealth-tax Act, 1957. Section 21 of the WT Act is analogous to Section 41(1) of the Indian Income-tax Act, 1922. The only difference

Union of India (Uoi) and anr. Vs. Azadi Bachao Andolan and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 5, 6, 7, 10(1), 44, 51, 73, 90, 115A, 116, 119, 119(1), 119(2), 245O, 245S and 245R; Companies (Profits) Surtax Act, 1964; Evidence Act; Income Tax Act, 1922 - Sections 49A; Finance Act, 1972; Finance Act, 1991 - 90(1) and 90(2); Constitution of India - Articles 1, 2(2), 3, 4, 4.1, 4(3), 10, 11, 12, 13, 13(4), 14, 15, 16, 17, 18, 18(2), 20, 21, 22, 25, 28, 31B, 73 and 265; Central Excise Act, 1944 - Sections 5A; Central Sales Tax Act, 1956 - Sections 8(5); Customs Act - Sections 25; Economic Crime and Anti Money Laundering Act, 2000; Companies Act, 1984; Stock Exchange Act, 1988; Income Tax Law; Income and Corporation Taxes Act, 1970 - Sections 460; Wealth Tax Act - Sections 21(2)

Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1

1961 was introduced, Section 90 contained therein initially was a reproduction of Section 49A of 1922 Act. The Finance Act, 1972 (Act 16 of 1972) modified Section 90 and brought it into force with effect from 1.4.1972. The … the absence of any specific tax avoidance provision such as Section 460 of the Income and Corporation Taxes Act, 1970. In Ramsay and in Burmah the result of application of the principle was to demonstrate that the true … in Article 20, income of Professors, Teachers and Research Scholars in Article 21, and other income in Article 22.7. Article 13 deals with the manner

Lachhman Dass Aggarwal Vs. Punjab National Bank and ors.

Court : Punjab and Haryana

Subject : Banking

Acts : Constitution of India - Article 12; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Sections 19(1), 19(2) and 19(3)

Reported in : [1978]48CompCas327(P& H); [1979(38)FLR46]

Oil and Natural Gas Commission, the Life Insurance Corporation and the Industrial Finance Corporation were 'authorities' within the meaning of Article 12 of the Constitution. … within the meaning of Article 12 of the Constitution. By the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, undertakings of certain banking companies were acquired by the Government of India and transferred to the 'corresponding new … work by the Commission. The members and employees of the Commission are public servants within the meaning of Section 21 of the Indian Penal Code. The Commission enjoys protection of action taken under the Act.' 6. Referring to

Bihar Finance Service H.C. Coop. Soc. Ltd. Vs. Gautam Goswami and ors.

Court : Supreme Court of India

Subject : Contempt of Court

Acts : Land Acquisition Act, 1894 - Sections 4, 5A, 6, 16 and 40; Patna Development Authority Act; Contempt of Courts Act, 1970; Land Acquisition Rules - Rule 4; Constitution of India - Articles 129 and 226; Patna Development Authority Rules

Reported in : AIR2008SC1975; 2008(2)AWC2102(SC); JT2008(4)SC374; 2008(4)SCALE306; (2008)5SCC339; 2008(3)ICC713; 2008(2)Supreme335; 2008(2)KCCRSN108

of land in favour of various contenders directing:The remaining available land, shall be allotted to the Bihar State Finance Service House Construction Cooperative Society for whose benefit the acquisition of land was made.This Society is liable to … in the Registry of this Court.21. Parameters of the jurisdiction of this Court under the Contempt of Courts Act, 1970 are well-settled. { See Maruti Udyog Limited v. Mahinder C. Mehta and Ors. : AIR2008SC309 }While dealing with … about 3.07.1973.2. Land acquisition proceedings were initiated pursuant thereto. A notification under Section 4 of the Land Acquisition Act, 1894 was issued. The owners of

Panther Power Kamgar Sanghatana and Others Vs. Y.C. Jhalani, Executive ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1(6), 3, 4, 5 and 15; Constitution of India - Articles 12 and 226; Industrial Employment (Standing Order) Act, 1946 - Sections 2 and 5; Industrial Disputes Act, 1947; Factories Act, 1948 - Sections 7; Contract Labour (Regulation and Abolition) Act, 1970 - Sections 21

Reported in : 1998(3)ALLMR30; 1998(3)BomCR160; [1998(79)FLR414]

pay such wages/balance of wages and in terms of section 21 of the Contract Labour (Regulation and Abolition) Act, 1970, it was the responsibility of the Food Corporation of India as principal employer to pay wages to the … the employees were set out and shockingly no commitment from the management regarding its willingness to bring additional finance to restart the factory was coming forth. When we called upon the Advocate representing the management to clarify