Advanced Search Results

Dhanalaxmi Bank Ltd vs Securities and Exchange Board of India

Court : Kerala

from the National Housing Board,alleging that a Company by name Kerala Housing Finance Limited (KHFL) had raised share capital and accepted subscription amount in violation … Industrial Companies (Special Provisions) Act, 1985 (SICA) over the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 (‘RDDB Act’). Taking note of Section 34(2) of RDDB Act, which made the provisions of the Act and … Union of India [2022 Live Law (SC) 208].(iv) While Section 35 of the SARFAESIAct contains a non-obstante clause, Section 37 states that the Act is in addition to and not in derogation of four statutes, -11- including the

Elgi Electric and Industries (P) Ltd. Vs. the Deputy Commissioner of I ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 260A,; Finance Act of 1992 - Section 37(2A); Finance Act of 1997 - Section 37(1)

expenditure under Sub Section (2) and (2A) was however removed by the substitution of sub section (2) under Finance Act of 1992 with effect from 1.4.1993. Sub Section (2) itself was omitted subsequently by the Finance Act, 1997 … in confirming the estimated disallowance of Rs.1,50,420/- treating the same as 'entertainment expenditure' hit by Explanation 2 to Section 37(2A)?2. The question raised on refundable contingency deposit to be included as trading receipt was already considered in T.C.No.890

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)96TTJ(Kol.)1041

contrary view overruling the Tribunal decision considering the Explanation to Section 90(2) of the Act, inserted by the Finance Act, 2001." 39. The relevant facts relating to this issue are that the AO had levied tax in this … virtue of Section 40(a)(i) as part of remuneration.The learned counsel contended that the deduction may be considered under Section 37 for the expenditure having been incurred for the purposes of business.30. The learned Departmental Representative, on the other … 1. These 4 appeals of the assessee relating to asst. yrs. 1992-93, 1993-94, 1994-95 and 1995-96 involving some common issues are disposed of by this

D. K. Abdul Khader and Others Vs. Union of India and Others[Overruled] Overruled

Court : Karnataka

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1(4), 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34,35, 36 and 37 ; Constitution of India - Articles 14, 26, 31-A, 37, 39-A, 42, 43, 50,136, 227, 245, 246, 247, 248, 249, 323-B, 329 and 371-D; Debt Recovery Tribunal (Procedure for Appointment of Presiding Officer of Tribunal) Rules, 1998 - Rules 1, 2, 3, 4 and 5; Debt Recovery Appellate Tribunal (Procedure) Rules, 1994; Companies Act, 1956 - Sections 529-A; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Criminal Procedure (CrPC) , 1993 - Sections 195; Income-tax Act, 1961 - Sections 33(3); Income-tax (Certificate Proceedings) Rules, 1962; Industrial Finance Corporations Act, 1948; S

Reported in : ILR2001KAR1809; 2001(2)KarLJ534

procedure for those rules being laid before each House of Parliament in the manner specified in sub-section (3). Section 37 is the repealing and saving clause and thereby the Ordinance No. 25 of 1993 has been repealed. But … shall be in addition to, and not in derogation of the Industrial Finance Corporations Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … case. The reliefs read as under.-(a) declare that the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the rules framed thereunder are void by reason of being violative of the Constitution of India and

Tata Cummins Ltd. and anr. Vs. State of Jharkhand and ors.

Court : Jharkhand

Subject : Commercial

Acts : Bihar Finance Act, 1981 - Sections 46; Constitution of India - Article 226

Reported in : [2003(4)JCR52(Jhr)]; [2006]145STC323(Jharkh)

submitted that the petitioners have an alternative remedy by way of revision under Section 46 of the Bihar Finance Act and in view of the existence of such an alternative remedy, it was not necessary or proper for … started therein at an investment of above rupees 300 crores.BACK GROUND OF THE DISPUTE :5. In the year 1993, the Government of Bihar had announced as Industrial Policy with a view to attract investments and setting up … of the lease to be executed by mutual consent, an extent of 37.19 acres of land in TELCO Township, Jamshedpur and Tata Cummins was constructing

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … Raipur, (2010(253) ELT 440(Tri-LB)); (II) Quality Steel Tubes (P) Ltd) versus Collector of C. Ex., ((1995) 2 SCC 372) (III) Triveni Engineering and Industries Ltd and Anr Versus Comm. Of C. Ex. (2000) and SCC 29 (IV)

M/S Madras Petrochem Ltd. and Anr. Vs. Bifr and Ors.

Court : Supreme Court of India

Subject : Company

Security Interest Act, 2002 and Section 34 of the Recovery Of Debts Due To Banks And Financial Institutions Act, 1993. Section 37 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 does not include … Act or the rules made thereunder 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 (63 of 1951), the Unit Trust

Sudipto Sarkar Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Land Acquisition

Reported in : (2006)101ITD229(Kol.)

the decision relied on by the ld.counsel for the assessee are prior to the amendment made by the Finance Act, 1992 with effect from 1.4.1993, therefore, the same are not applicable in the assessee's case. He, therefore, submits … such expenses Rs. 1,28,561 he, disallowed Rs. 59,280 as under: the assessee: Rs. 1,28,561(ii) Less : Deduction under Section 37(2A) Rs. 10,000 plus 50 per cent of Rs. 1,18,561: Rs. 69,281 ___________ Besides this, it was also found

The Authorised Officer Central Bank Of India Vs. Shanmugavelu

Court : Supreme Court of India

Subject : Land Acquisition

loans and enforcement of securities, the Parliament enacted the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short, the “RDBFI Act”).36. On account of lack of infrastructure and manpower, the regular civil courts were … overriding effect of the provisions of the Act of 2002 has to be tempered in the light of Section 37 of the Act. Though Section 37 of the Act refers to several statutes by name, the residual limb … note of are that the banks and the financial institutions have heavily financed the petitioners and other industries. It is also a fact that a

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2003)86ITD135(Kol.)

was issued by the CBDT to explain the substance of the provisions relating to direct taxes in the Finance Act, 1986. The learned authorised representative is also silent about the observation of the AO that this type of … a/c but claimed a deduction at the time of computation of income.Subsequent to the bomb blast in March, 1993, the Hotel Sea-Rock had incurred expenditure worth Rs. 9.13 crores and claimed Rs. 14.73 crores as insurance on … P&L a/c but claimed as allowable under Sections 30, 31, 36 and 37 of IT Act in the computation of income under Section 36(1)(iii) of … the AO in rejecting the appellant's claim for being allowed deduction under Section 36(1)(iii) of IT Act, 1961, while computing the income chargeable under the