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Bank of India Vs. Ketan Parekh and ors.

Court : Supreme Court of India

Subject : Banking

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(2), 3(3), 4, 5, 6, 7, 9, 9A, 9A(1), 9B, 10, 11, 11(2), 13, 17, 20, 34 and 34(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 34; Special Court (Trial of Offences Relating to Transactions in Securities) (Amendment) Act, 1994; Evidence Act, 1872 - Sections 123 and 124; Industrial Finance Corporation Act, 1948; State Financial Corporation Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Securities Contracts (Regulation) Act, 1956; Contract Act - Sections 23; Transfer of Property Act; Industrial D

Reported in : AIR2008SC2361; 2008(5)ALLMR(SC)983; 2008(3)AWC3091(SC); III(2008)BC247; 2008(56)BLJR2070; [2008]143CompCas711(SC); (2008)5MLJ1097(SC); (2008)151PLR662; 2008(8)SCALE327; 2008AIRSCW3903; AIR2008SC2360; 2008(8)SCC148

shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporation Act, 1951 … respondent No. 1 has been seized under the Special Courts (Trial of Offences Relating to Transactions in Securities) Act,1992 (hereinafter to be referred to as the Act of 1992), the Debts Recovery Tribunal had no jurisdiction to … Acts. The Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 came into force in 1992. Section 3 deals with the appointment and functions of the Custodian. Section 3 reads as under:3. Appointment and functions … and financial institutions. Appeal is provided against that to the appellate authority under Section 20 of the Act. Section 34 lays down that it has the overriding power. Section 34 reads as under:34. Act to have over-riding effect.-

The Commissioner of Income Tax Vs. Vali Brothers

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 23, 34, 35, 80HHC, 139, 143, 143(3), 147, 148, 237, 239 and 256(1); Finance Act, 1992

Reported in : (2005)199CTR(All)294

2 years prescribed in Section 239 of I. T. Act, 1961 was reduced to 1 year by the Finance Act, 1992, w.e.f. 1.4.1993. Since, the assessee was called upon to furnish a return by issue of a notice under … 'N.A.' Thereafter, the finality of the termination of those assessment proceedings could be vacated only by recourse to Section 34, as this was not a case for the application of Section 35.'11. The aforesaid view has been subsequently

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

Subject : Land Acquisition

Valley, Green Home, Onampalayam, Coimbator”109. culminating in Mahazar dated 1.3.2012 as being ultra vires Section 82 of the Finance Act, apart from being in excess of jurisdiction and unconstitutional. W.P.No.22902 of 2012: Writ Petition filed under Article 226 … Nenmal Shankarlal Parmer Vs. Parmar Vs. Assistant Commissioner of Income Tax (Investigation), 1992 (195) ITR 582.to state that a search warrant issued in respect of … relevant bearing to the formation of the belief and are not irrelevant or extraneous to the purpose of Section 34 of the Income Tax Act, 1922.73. In Chhugamal Rajpatl Vs. S.P.Chaliha and others, 1971 AIR 730.the Supreme Court

Babu Lal and ors. Through Its Partner Babu Lal Vs. Director of Income- ...

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 120, 132, 132(1), 132(3), 132A, 148, 157BC, 158B, 158BC, 184 and 278D(2); Income Tax Act, 1992 - Sections 34(1); Taxation Laws (Amendment) Act, 1975; Stamp Act, 1899 - Sections 73; Finance Act, 1995; Income Tax Rules, 1962 - Rule 112(1); Constitution of India - Articles 21, 226 and 227

Reported in : (2005)198CTR(All)274; [2006]281ITR70(All)

provisions of Section 132 and Chapter XIV-B of the Act, explaining that Chapter XIV-B was inserted by the Finance Act, 1995 laying down a special procedure for assessment in search cases. It deals with assessment of a block … or property which has not been, or would not be disclosed for the purposes of the Indian Income-tax Act, 1992 (11 of 1992), or this Act (hereinafter in this section referred to as the undisclosed income or property), … 'reason to suspect' comparing the provisions with the un-amended provisions of Section 34(1) of the Income-tax Act, 1922 and held that after amendment, the expressions

Radhika Agarwal versus Union of India and Others

Court : Supreme Court of India

Subject : Right to Information

Reported in : [2025]2S.C.R.1331

Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act).Headnotes† Customs Act, 1962 - Finance Act, 2012 - Finance Act, 2013 - Finance Act, 2019 - ss.104(4), 104(6) - Central Goods and Services Tax … (d) fraudulently obtaining an instrument for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), and such instrument is utilised under this Act, where duty relatable to such utilisation of … and Cosmetics Act, 1940; Prevention of Money Laundering Act, 2002.List of Keywords Section 104(4), 104(6) of Customs Act, 1962; Finance Act, 2012; Finance Act, 2019; … 98 - followed. Arvind Kejriwal v. Directorate of Enforcement [2024] 6 SCR 346 : (2025) 2 SCC 248; A.R. Antulay v. Ramdas Sriniwas Nayak and

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 … has been hidden and to whom everything has been fully disclosed, then the assessee cannot be subjected to Section 34, merely because the ITO miscarried in his interpretation of evidence. But it is otherwise if a contention which

Amar Kumar Prasad Sinha, and anr. Vs. State of Bihar.

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Section 482; Indian Penal Code (IPC) - Sections 420, 467, 468, 34; Bihar Finance Act, 1981 - Sections 49(2), 49(3), 49(5)

Sections 420, 467, 468/34 of the Indian Penal Code and under Sections 49(2) & 49(3) of the Bihar Finance Act, 1981.2. Short fact of the case is that, a written application of Assistant Commissioner, Commercial Taxes, Hajipur Circle, … on an unreported judgment of this court dated 11th March, 1998 passed in Cr. Misc. No. 11663 of 1992 (Ganesh Kumar Agrawal Vs The State of Bihar) and other analogous cases wherein, this court has held that … and wife, have approached this court while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash

Grays Timber Products Ltd Vs. Revenue and Customs (Scotland)

Court : UK Supreme Court

Subject : Land Acquisition

of Chapter 3D of the Income Tax (Earnings and Pensions) Act 2003 ("ITEPA 2003") as inserted by the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in … main area of controversy is "market value", which is defined by reference to the Taxation of Chargeable Gains Act 1992. 3. However Chapter 3D forms part of a complex code with fairly deep and tangled legislative roots. Many … the Finance Act 2003, Schedule 22. Chapter 3D consists of only three sections which are, by comparison with other chapters in Part 7 of ITEPA … to its extent: see for instance [1992] CLJ 437 (Sealey), [1994] CLJ 343 (Ferran), (1993) 109 LQR 210 (Shapira), 553 (Davenport). If it were likely

H.P. State Forest Corpn. Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2002)80ITD591(Chd.)

the assessment was set aside by the Tribunal on 28th March, 1942, on the ground that the Indian Finance Act, 1939, was not in force during the asst. yr. 1939-40 in Chota Nagpur. On a reference under Section … by means of an order passed under Section 139(9), dt. 3rd June, 1992. ' 3. The assessee filed a writ petition in the High Court … the assessment originally made on the assessee was void but income had escaped assessment within the meaning of Section 34 and the reassessment on the agent was valid'. In this case, a notice under Section 22(2) of 1922

Kohinoor Creations and ors. Vs. Syndicate Bank

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19(7), 19(22), 31, 34, 34(1) and 34(2); Arbitration Act, 1940 - Sections 5, 8 and 34; Code of Civil Procedure (CPC) ; Sick Industrial Companies (Special Provisions) Act, 1985; Small Industries Development Bank of India Act, 1989; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951 - Sections 46B; Unit Trust of India Act, 1963; Companies Act, 1956; Special Courts Act, 1992; Sick Industries Act, 1985; Constitution of India - Articles 226 and 227

Reported in : 2005(2)ARBLR324(Delhi); IV(2005)BC156; [2006]132CompCas417(Delhi); 121(2005)DLT241; 2005(82)DRJ631

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 … though on facts and on harmonious interpretation of the two statutes it was held that the Special Courts Act, 1992 would prevail over the Sick Industries Act, 1985. The Court said:-'It is settled rule of interpretation that if … jurisdiction on the DRT to adjudicate recovery claims on banks and other financial institutions.2) That the provisions of Section 34 of the RDB Act would override the provisions of Arbitration Act and supersede any instrument which would include