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Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

Subject : Limitation

Acts : Limitation Act - Section 5, 29 (2), 8, 3; Recovery of Debts Due to Banks and financial Institutions Act (RDDBFI) 1993- Section 30, 2(b) , 19, 20; Income Tax Act, 1961 - Rule 11, 15; Central Excise Act. 1944 - Section 35H(1); West Bengal Land Reforms Act, 1955 - Section 8 ; Finance Act, 1979 - Section 38 (1); Companies Act, 1956 - section 529A, 20 (3), 25 to 28, 30; Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,; Non-Performing Assets Act (NPA) - Section 17(1); Code of Civil Procedure (CPC) - Order 21; Income Tax Act, 1961 - Section 260A; Excise Act - Section 35G; The Income-tax (Certificate Proceedings) Rules, 1962 - Rule 55A, 86 ; Debt Recovery Tribunal (Procedure) Rules - Rule 2

with non- payment. Non-payment is nothing but failure to pay when due. As per the provisions of the Finance Act, 1979 amount of FTT collected becomes due within fifteen days from the date of collection thereof. Failure to … the order of Tax Recovery Officer whereas in the recovery of Debt Due to Banks And Financial Institutions Act 1993 Section 30 clearly provides for appeal to the Debt Recovery Tribunal against an order made by Recovery officer in … defaulter in future is making the payment. Had there been no minimum penalty prescribed under sub-section (3) of Section 38 of the Act, it would have been open for the adjudicating authority to consider the conduct of 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 … excluded by section 320 FA 2004 and section 107 FA 2007. 13. As Lord Walker explains in para 38, the question is whether EU law requires only that the member state must make available an adequate remedy

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 … placed on the following judgments:- (a) Industrial Machinery Manufacturers Pvt. Ltd Vs. The State of Gujarat, (1965)16 STC 380); (b) Member, Board of Revenue, West Bengal Vs. M/s.Phelps and Co.(P) Ltd., (1972) 4 Supreme Court Cases 121;

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … from the legal fraternity and was later rejected in Sakinala Hari Nath vs. State Of Andhra Pradesh11. 11 1993 (3) ALT471 See also: L. Chandra Kumar v. Union of India 1997 (2) SCR118615 V. Raghavan Committee - … to be remedied by statutory amendment excluding direct appeals to this Court. 38 • There should be proper mechanism for removal of members.86. The aforementioned … petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and

Commissioner of Wealth Tax vs.atma Ram Properties (P) Ltd.

Court : Delhi

Subject : Direct Taxation

it is first necessary to understand the background in which the questions that have been framed arose. The Finance Act, 1960 (FA1960 exempted WTA No.16/2005 & connected matters Page 11 of 38 companies from the levy of wealth … the ITAT for AY199293, Assessee filed an appeal being ITA No.162 of 2003 in this Court.10. For AYs 1993-94 to AYs 1998-99 after the AO and the CIT (A) held against the Assessee, by treating the rental … are eleven appeals by the Commissioner of Wealth Tax (hereafter 'Revenue') under Section 27A of the Wealth Tax Act, 1957 (‘WTA’), against the orders of

The Sub Registrar, Sub Registry Office, vs Anzar Babu,

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … creditor under Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993) obtains priority over the right claimed by the Revenue, both in proceeding against the properties … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect

Tahsildar (Rr) Hosdurg Taluk, vs Dewan Housing Finance Corporation Ltd ...

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … creditor under Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993) obtains priority over the right claimed by the Revenue, both in proceeding against the properties … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect

State of Kerala vs Bank of Baroda

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … creditor under Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993) obtains priority over the right claimed by the Revenue, both in proceeding against the properties … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect

The Tahsildar vs M/S Arams Tourism Private Limited

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … creditor under Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993) obtains priority over the right claimed by the Revenue, both in proceeding against the properties … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect

The Tahasildar vs Saiju Sathyapalan

Court : Kerala

ITS AUTHORIZED OFFICER. 2 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,MINISTRY FINANCE ROOM NO.46,NORTH BLOCK,NEW DELHI,PIN-110001. 3 THE STATE BANK OF INDIA, REP.BY THE … creditor under Section 26E of the SARFAESI Act and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act, 1993) obtains priority over the right claimed by the Revenue, both in proceeding against the properties … claims first charge over the properties under the provisions of Section 26B of the KGST Act, 1963 and Section 38 of the KVAT Act,2003. The issue therefore, by and between the financial institutions andthe State Government with respect