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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 … Officer, Madras, ((1991) 1 SCC 514); (d) Banco Products (India) Ltd. Vs. Commissioner of C.Ex., Vadodara-I, (2009(235) ELT 636 (Tri-LB)); (e) CCE, Jaipur Vs. M/s. Rajasthan Spinning and Weaving Mills Ltd., (2010(255) ELT 481 (SC)) It is

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 25, 28 and 31; Constitution of India - Articles 14, 248, 323A, 323B and 371A; Code of Civil Procedure (CPC) ; Transfer of Property Act; Nagaland Administration of Justice Rules, 1937 - Rule 33

funds being blocked. To remedy the locking up of huge funds, Dr. Manmohan Singh, the then Minister of Finance, introduced the Recovery of Debts Due to Banks and Financial Institutions Bill, 1993, dated the April 26, 1993, … raise the question of legality, validity and constitutionality of Recovery of Debts Due to Banks and Financial Institution Act, 1993 (hereinafter called 'the Act'), and other actions related to the Debt Recovery Tribunal at Guwahati constituted under the … by the court executing the decree and not by a separate suit. 63. In view of the provisions above, it clearly transpires that a decree … tried having been received by it on transfer from civil court under Section 31 of the Act. (ii) cases filed by financial institutions like the

Allahabad Bank Vs. Canara Bank and Another

Court : Supreme Court of India

Subject : BankingCompany

Acts : Companies Act, 1956 - Sections 19, 232(1), 442, 445, 446, 529A and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 20, 22, 25 and 34; Constitution of India - Articles 226, 227 and 323A; Banking Regulation Act, 1949 - Sections 5; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 - Sections 3; Industrial Finance Corporation Act, 1948; State Financial Corporations Act, 1951; Unit Trust of India Act, 1963; Industrial Reconstruction Bank of India Act, 1984; Companies (Amendment) Act, 1960; Life Insurance Corporation Act, 1956 - Sections 15 and 41; Old Companies Act, 1913 - Sections 171; Banking Companies Act, 1949 - Sections 45C; Civil Procedure

Reported in : 2000(3)ALLMR(SC)475; 2000(2)CTC723; JT2000(4)SC411; 2000(3)SCALE169; (2000)4SCC406; [2000]2SCR1102; AIR 2000 SC 1535; MANU/SC/0262/2000

of the Companies Act, 1956-namely (i) the Industrial Credit and Investment Corporation of India Ltd; (ii) the Industrial Finance Corporation of India; (iii) the Industrial Development Bank of India; (iv) the Life Insurance Corporation of India and … relating to the impact of the provisions of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (hereinafter called the RDB Act) on the provisions of the Companies Act, 1956. The immediate dispute before us … before us against an order passed by the learned Company Judge under Sections 442 and 537 of the Companies Act, (in a winding up petition

Greater Bombay Co-op. Bank Ltd. Vs. United Yarn Tex. Pvt. Ltd. and ors ...

Court : Supreme Court of India

Subject : BankingConstitution

Acts : Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 2, 3, 17, 18, 31 and 34; Recovery of Debts due to Banks and Financial Institutions (Amendment) Act, 1965 - Sections 56; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(10), 2(20), 18A, 36, 43, 44, 50, 55, 64, 72, 73, 78, 81, 83, 84, 88, 91, 91(1), 92, 94, 95, 97, 98, 101, 101(1), 102, 103, 104, 105, 107, 156 and 161; The Multi-State Co-operative Societies Act, 2002 - Sections 3, 22, 39, 40, 74, 83, 84, 99 and 101; Andhra Pradesh Co-operative Societies Act, 1964 - Sections 2, 9, 19, 30A, 31, 31A, 35, 47, 47(2), 50, 51, 52, 61, 61(1), 62, 63, 64, 65, 70, 70(2), 71, 71(1), 71(2), 72, 73, 75, 76 and 77; Banking Regulation Act, 1949 - Sections 2, 3, 5, 6, 20(2), 56 and 56(1); Banking Regulation (

Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406

context of enactment of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Under the Co- operative Societies Acts, there is a … has arisen in the context of enactment of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Under the Co- operative Societies Acts, there is a mechanism for recovery of debts by the Banks constituted … powers in that behalf or refer it for disposal to an arbitrator under Section 62 of the Act. Section 63 empowers the financing bank to proceed against members of a society for recovery of moneys due to it

Roseland Buildtech Pvt Ltd vs Vihaan 43 Reality Pvt Ltd Earlier Known ...

Court : Delhi

Subject : Land Acquisition

1962, Income- Tax Act, 1961, the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, the Finance Act, 1994, the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the Sick Industrial … involved in the instantlis and to answer questions involved in the present suit, the bar provided for under Section 63 and 231 of the IBC applies. The I.A. 22791/2025 filed by defendant no. 1 under Order VII Rule

Janatha Travel Agency, Bangalore Vs. Govt. of A.P. and Another

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Andhra Pradesh Motor Vehicles Taxation Act, 1963 - Sections 4, 9(1) and 11; Central Motor Vehicle Rules, Rules 82, 83, 84 and 85; TTO Rules, Rules 1(4), 3, 6 and 13; Motor Vehicles (All India Permit for Tourist and Transport Operators) Rules, 1993 - Rule 64(1); Motor Vehicles Act, 1988 - Sections 63(7) and 88(9); Constitution of India - Articles 14, 254 and 256; Orissa Sales Tax Act, 1947 - Sections 6; J & K General Sales Tax Act - Sections 5; Custom Act, 1962 - Sections 25(1)

Reported in : 2000(5)ALD250; 2000(5)ALT215

after granting tax exemption to various industries finds itself in a tremendous financial crunch and seeks to raise finance of doing away with the exemptions, it cannot be argued that because the Government had promissed to give … the Motor Vehicles (All India Permit for Tourist and Transport Operators) Rules, 1993 and also the recognition certificate issued by the Director of Tourism, Bangalore … dated 5-2-2000. By the said notification issued under clause (b) of Section 9(1) of A.P. Motor Vehicles Taxation Act (hereinafter referred to as the Taxation Act), the earlier order issued providing for concessional rales of tax was … of tax on the tourist vehicles having all India permits under Section 63(7) of the old Act was narrated by the Supreme Court in B.A.

Commissioner of Income-tax Vs. Oceanic Products Exporting Co.

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1966 - Sections 2(5); Industries (Development and Regulation) Act, 1951; Income Tax Act, 1961 - Sections 80HH and 80J

Reported in : 1996(54)ECC80; [1996]219ITR293(Ker)

in the circumstances of the case, the Tribunal was justified in granting relief under Section 2(5)(a)(ii) of the Finance Act, 1966, to the assessee ?'2. Income-tax Reference No. 553 of 1985 relates to the assessment year 1965-66 and … the Revenue relied on the decisions of the Supreme Court in Sterling Foods v. State of Karnataka [1986] 63 STC 239 ; CIT v. N. C. Budharaja and Co. : [1993]204ITR412(SC) and Delhi Cold Storage P. Ltd.

ishar Dass Sahni and Sons Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

80J(6A), for deciding the question whether a statute is mandatory or directory. It was stressed that by the Finance Act, 1992, a totally new scheme and procedure for assessment of firms were introduced for the first time from … decision in the case of CIT vs. Shivanand Electronics (1994) 209 ITR 63 (Bom) submitted that the requirement of furnishing a document along with the … assessee against the order of the CIT(A) XX, New Delhi, dt. 12th July, 1996, for the asst. yr. 1993-94.2. Out of grounds at Sr. Nos. 1 to 4, reproduced below, relating to one single issue, namely, marking … [s. 184(1)(ii)]. This condition is a reproduction of s. 184(1)(ii) of pre-1993 section. (iii) A certified copy of the instrument of partnership shall accompany the

Sri Parimal and anr. Vs. State and ors.

Court : Patna

Subject : Civil

30.11.1994 on payment of 5.5 lacs. According to the petitioners, in view of the provisions of the Bihar Finance Act, 1981 (Part II) (In short 'the Finance Act'), they had obtained permission of the Sales Tax Department for … in fact, were previously disposed of by the judgment dated 14th May, 1993 delivered by a Division Bench of this Court. But, since there was … published in a 'newspaper' or broadcast by radio or television-and any advertisement exhibited or broadcast by any political party.Section 63 of the said Act provides for levy of tax. The explanation appended to the said provisions reads thus:'The

Atiq Malik Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Subject : Property

Reported in : AIR2007Utr78; I(2008)BC345; [2007]139CompCas355(Uttaranchal); [2008]88SCL267(NULL)

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 … is alleged by the petitioner that the provisions of Recovery of Debts Due to Banks and Financial Institutions Act, 1993, has an overriding effect over the provisions of Companies Act.4. Notices were issued to the respondents whereupon respondents … by Dena Bank and another for winding up of the company under Sections 433, 434 and 439 of the Company Act, 1956, before High Court