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Narendra Kantilal Shah Vs. Joint Registrar, Co-operative Societies (Ap ...

Court : Mumbai

Subject : CommercialTrusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1961 - Sections 101; Multi State Co-operative Societies Act, 2002 - Sections 84; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 3(1), 17 and 34; Maharashtra Co-operative Societies Act, 1960

Reported in : AIR2004Bom166; 2004(1)ALLMR798; II(2004)BC585; 2004(1)BomCR707; 2004(1)MhLj704

93 and 98, on an application made by a resource society undertaking the financing of crop and seasonal finance as defined under the Bombay Agricultural Debtors Relief Act, 1947 (or advancing loans for other agricultural purposes repayable … to them, after establishment of a Tribunal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. (the 1993 Act)'.2. The events that led to the placing of all these petitions before us are that … a Co-operative Bank. The Division Bench after referring to the provisions of Section 56 of the Banking Regulation Act, 1949, in detail, held that the … controversy it would be appropriate to refer to the provisions of Article 246 of the Constitution of India. Article 246 of the Constitution reads as

Har Sahai Mal Tika Ram and Others Vs. Punjab National Bank, Badaun and ...

Court : Allahabad

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 2, 19, 31, 31(1), (2) and (3), 34 and 34(2); Constitution of India - Article 227; Code of Civil Procedure (CPC), 1908 - Sections 24 and 115; 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; Limitiation Act, 1963 - Sections 5

Reported in : 1999(4)AWC3170

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 … the said suit to the Tribunal constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 situated at Jabalpur, Madhya Pradesh. it is contended by Mr. Srivastava that even if the same is taken … Srivastava that even if the same is taken to be an order of transfer within the meaning of Section 24 of the Code of Civil Procedure in that event, the learned Civil Judge could not have transferred the

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … from six to three years, in addition eliminated the special advantage for claims in mistake previously introduced by section 24(5) of the Finance Act 1989, delaying the commencement of the limitation period for such claims until the claimants

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

of India.15. It may also be useful to consider the provisions of Section 143(1A) before the amendment by Finance Act, 1993, which reads as follows :'Where, in the case of any person, the total income, as a result of

Kerala State Coir Corpn. Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (1994)50ITD1(Coch.)

It was only by a retrospective amendment with effect from 1-4-1989 introduced in Section 143(1 A) by the Finance Act, 1993, that the additional tax is chargeable even in cases where the loss returned by the assessee though reduced … accepted the figure admitted in the return as such in what is purported to be an intimation dated 24-10-1991 under Section 143(1)(a) of the Income-tax Act sent to the appellant. A copy of such intimation is found

Sone Vanaspati Vs. State of Bihar and ors.

Court : Patna

Subject : Sales Tax

1993, declared that exemption be given--Cannot be allowed. [Sales-tax--Exemption from--Available only when notification under Section 7(3) of Bihar Finance Act, 1993 is issued].(B) Bihar Finance Act, 1981, Section 7(3) - Estoppel by conduct--Bihar Industrial Policy, 1993, Clause 10.5--Exemption from … substract any Clause therefrom. 22. It is now well known that essential factors of an estoppel is; 806. 24. In the matter of levy of tax the rule of estoppel can be invoked against the Government or

Delhi High Court Bar Association and Another, Etc. Vs. Union of India ... Overruled

Court : Delhi

Subject : Banking

Acts : Constitution of India - Articles 14, 37, 42, 43, 50, 76, 123(3), 124 - 146, 136, 217(2), 226, 227, 233, 233(2), 264-231, 309, 311, 323A, 323B, 329-A, 245 and 248; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1, 2, 3 and 19;Constitution of Tribunal outside - Sections 3, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 30 and 31 - Articles 323A and 323B; Banking Regulation Act, 1949 - Sections 5 and 6; Companies Act, 1956 - Sections 4A; Indian Companies Act, 1913; Industrial Finance Corporation Act, 1948 - Sections 3; Industrial Development Bank of India Act, 1964 - Sections 3; Life Insurance Corporation Act, 1956 - Sections 3; Unit Trust of India Act, 1963 - Sections 3; Limitation Act, 1963 - Sections 24; Se

Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)

5 July, 1994 issued by the Central Government in the Ministry of Finance, Department of Economic Affairs, Banking Division, whereby, under S. 3 of the … independence of judiciary is frowned upon by the Courts. Recovery of Debts due to Bank and Financial Institutions Act, 1993 Section l & 3--The provisions of the Act erode the independence of judiciary and are irrational, discriminatory, unreasonable and … shall have powers to regulate their own procedure, including the place at which they shall have their sittings.16. Section 24 provides that provisions of the Limitation Act, 1963, shall as far as may be, apply to an application

Commissioner of Income-tax Vs. Nagesh Devidas Kulkarni

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10, 10(10C), 15, 16, 17, 17(1), 17(3), 57, 80CCC, 88, 89, 89(1), 143(1), 143(3), 147, 148 and 260A; University Grants Commission Act, 1956 - Sections 3; Institutes of Technology Act, 1961 - Sections 3; Finance Act, 2002; Finance Act, 1993; Income Tax Rules, 1962 - Rule 21A, 21AA and 21B

Reported in : (2007)210CTR(Bom)471; [2007]291ITR407(Bom)

16 to 16.3 of this circular while explaining the scope and effects of the amendment introduced by the Finance Act 1993, in Section 10(10C) it has been stated as under (page 113):Extending the tax exemption on payments under voluntary

Sumat Parshad Vs. Income-tax Officer, a Ward, Bhatinda and Others.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : [1960]40ITR692(P& H)

invalid, and (c) that, according to section 34(1)(b) of the Patiala Income-tax Act, 2001 Bk., as amended by Finance Ordinance No. 1 of 1-1-2006 Bk., no notice under that section could be issued to the partners of … the firm, Makhan Lal Raj Kumar, was served with a notice under section 24(a) of the Patiala Income-tax Act, 1993 Bk., to put in return in the year 2001 Bk., probably on the ground that the partners of

K.M. Vijayan and Others Vs. Union of India and Others

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7), 2(24), (31) and (45), 3, 4 , 4(1), 5, 6, 7, 8, 9, 10(32), 14, 15, 16, 19(3), 17, 18, 19, 19(1), 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 64(1), 64(1A), 65, 80(L), (U), (CC) and (CCB), 88, 139, 159(6), 162, 171 and 171(1) and (9); Constitution of India - Articles 14 to 19 and 248

Reported in : [1995]215ITR371(Mad)

order or direction declaring the provisions of section 64(1A) of the Income-tax Act, 1961, as amended by the Finance Act, 1992, as illegal, beyond the scope of preventing avoidance of tax and inconsistent with the scheme of the … it is violative of articles 14. 19 and 165 of the Constitution. 3. Writ Petition No. 15325 of 1993 : The petitioner herein has challenged the provisions of section 64(1A) of the Income-tax Act, 1961, as amended … place, the person or be in respect of the year of taxability.' 24. While considering the decision in Hoeper's case 76 L. Ed. 248, this