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Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

the course of his submissions, he has brought to our notice the words in parenthesis added by the Finance Act, 1985 introducing the following change in Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which the … depend on any substantial degree of skill. 26. A further example is furnished in the construction of Section 16(3) of the Indian Income-tax Act, 1922 which provides: 'In computing the total income of any individual for the

Mr. S.M. Singhvi Vs. Bestavision Electronics Ltd.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15 to 19, 22, 22(1) and 25; Companies Act, 1956

Reported in : III(2003)BC124; [2004]118CompCas742(Delhi); 105(2003)DLT126; 2003(71)DRJ36; [2003]46SCL183(Delhi)

winding up petition is not maintainable by virtue of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA for short). This question has already generated several decisions by the Apex court but the nodes appears … Suspension of legal proceedings, contract, etc. -- (1) Where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned … be realised that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for that purpose and if

Assistant Commissioner of Vs. Canara Food Processors (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1993)45ITD500(Pune.)

assessments. Even after re-opening, the assets brought to tax would have been exempt under Section 40 of the Finance Act, 1983. Revenue is in appeal on the following common grounds, viz. : (1) The order of the CWT … convenience, as they relate to same assessee and involve common issue.2. These appeals pertain to assessment years 1984-85, 1985-86, 1986-87 and 1987-88 and arise out of the common orders passed by the CWT (Appeals), Belgaum for these … assessed to wealth-tax for the assessment year 1984-85 on 14-7-1987 under Section 16(3) on a net wealth returned Rs. 43,600 which was accompanied by balance

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

Subject : Land Acquisition

no plan has been got approved by National Capital Regional Planning Board under National Capital Planning Regional Board Act 1985. Reliance of interim order passed in writ petition no.17068 of 2009 dated 7th August, 2009 was placed which … booked units in the Eco village I project. Out of these 4471 bookings, about 65-70% bookings have been financed by banks/financial institutions and amount of Rs. 67.74 crores have been given towards booking amount. Construction at the … petition No. 37443 of 2011 challenges the notifications dated 12.3.2008 issued under section 4 read with Sections 17(1) and 17(4) of Land Acquisition Act and … portion of the area was further taken on 12.1.2009 and thereafter on 16.9.2010. It is stated that except the petitioners No. 1,3,14 to 20 and

P.V. Rajgopal and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 15, 17, 17(2), 17(3), 201, 264; Constitution of India - Article 226; Taxation Laws (Amendment) Act, 1984; Finance Act, 1985; Income-tax Act, 1952 - Sections 13-A, 16, 17(3), 24, 156(2) and 197; Trade Union Act, 1926 - Sections 15, 192, 194, 194-(A, B, BB, C, D, E, EF, F, G, H, I, J and k), 196-(A, B, C, and D), 197(2A), 200, 201 (1A), 203, 207, 211, 221, 234-B and 234-C

Reported in : 1998(4)ALD268; [1998]233ITR678(AP)

Finance Act, 19,85 withdrew the said amendment. This was explained by the memorandum explaining the provisions of the Finance Act, 1985 by Circular No.421, dated 12-6-1985 (1956 ITR 138), hi spite of this legislative history, an attempt was made … wanted to ensure that if it is not otherwise exempt under Section 10, it would be taxable under Section 16, for which, instead of inserting in Section 17(1), it has been inserted in Section 17(3). Such a mistaken

Commissioner Of Central Excise Raipur Vs. M/s Sepco Electric Power Con ...

Court : Supreme Court of India

Subject : Service Tax

Central Excise, Raipur to the respondent under Section 73 read with Sections 65, 66 and 68 of the Finance Act, 1994 demanding the service tax along with interest under Section 75 and for imposition of penalty under Sections … of persons notified under sub-section (2) of section 69, shall furnish to the Superintendent of Central Excise, a 16 return in such form and in such manner and at such frequency as may be prescribed.6.1 Definition of

Board Opinion Vs. Hathising Mfg. Co. Ltd.

Court : Gujarat

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16, 20 and 20(1); Companies Act, 1956

Reported in : [2003]43SCL146(Guj)

and Financial Reconstruction, after having conducted an enquiry under Section 16 of the Sick Industrial Companies (Special Provisions) Act, 1985, in accordance with the procedure laid down therein, has recorded an opinion under Section 20(1) of the said … of the Act could not also revive the company. As there was no rehabilitation proposal with means of finance fully tied up, for consideration of the Board despite ample opportunities having been given to all concerned, the

Wealth-tax Officer Vs. Nand Kumar Pd. Shah

Court : Income Tax Appellate Tribunal ITAT Patna

Subject : Direct Taxation

Reported in : (1992)41ITD406(Pat.)

of C.B.D.T. No. 439, dated 15-11-1985 relating to Amnesty Scheme under the Wealth-tax Act is as under: "The Finance Act, 1985 has rationalised the rates of personal income-tax and corporate tax and has also liberalised the provisions of the … of the W.T. Act, The assessee also tailed to comply with the notices issued by the WTO under Section 16 of the W.T. Act. The WTO accordingly made ex parte assessments under Section 16(5) of the W.T.Act. These

Balaji Distilleries Ltd. Vs. the Secretary to Government, State of Tam ...

Court : Chennai

Subject : Sales Tax/VAT

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 5(1), 13(4), 13A, 15 to 22, 22(1), 22(5), 22A and 25; Andhra Pradesh General Sales Tax Act, 1957 - Sections 17; Sick Industrial Companies (Special Provisions) Regulations - Regulation 19 and 19(5); Tamil Nadu General Sales Tax Act, 1959; Tamil Nadu Value Added Tax Act, 2006; Sick Industrial Companies (Special Provisions) Act, 1989; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5 and 13(4); Companies Act, 1956; Orissa Sales Tax Act, 1947; Gujarat Sales Tax Act; Central Sales Tax Act, 1956; Uttar Pradesh Trade Tax Act, 1948; Uttar Pradesh Revenue Recovery Act, 1890; Andhra Pradesh Revenue Recovery Act, 1864

Reported in : (2008)17VST59(Mad)

ante. Therefore, in our view, the High Court of Allahabad in Industrial Finance Corporation v. Maharashtra Steels Ltd. [1990] 67 Comp Cas 412, the High … of this case, it would be relevant to extract few provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. Section 15 of the Act deals with reference to the Board and it reads as follows:(1) Where an industrial … and 16 of SICA, the date of registration is also the date of commencement of the inquiry under Section 16 of the Act. The current taxes collected by the company in March 2007 payable in April 2007 refer

Sri Bireswar Das Mohapatra and anr. Vs. State Bank of India

Court : Orissa

Subject : Banking

Acts : Companies Act, 1956 - Sections 439, 442, 444, 446, 529A, 536(2) and 537; Foreign Exchange Regulation Act, 1973; Income Tax Act, 1961 - Sections 72 and 72A; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 20, 34, 34(1) and 34(2); Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16, 20, 20(1), 20(2), 20(3), 20(4), 22, 22A and 32; Small Industries Development Bank of India Act, 1989; Urban Land (Ceiling and Regulation) Act, 1976; Recovery of Debts Due to Banks and Financial Institutions Rules; Code of Criminal Procedure (CrPC) - Sections 198(13); Constitution of Indi

Reported in : 2006(II)OLR423

shall be in addition to, and not in derogation of, the industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … 1963), the Industrial Reconstruction Bank of India Act, 1984 (62 of 1984), the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and the Small Industries Development Bank of India Act, 1989 (39 of 1989).11. A perusal … 20 of SICA:20. Winding up of sick industrial company - (1) Where the Board, after making inquiry under Section 16 and after consideration of all the relevant facts and circumstances and after giving an opportunity of being heard