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Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

Elphinstone Spinning and Weaving Mills Company Ltd. : [1960]40ITR142(SC) . 11. Section 271(1)(c) was again amended by the Finance Act, 2002. Subsequent amendment was brought to the notice of the Bench hearing the Appeal. In the impugned order, the … of time from which five years to be reckoned in case of presumed death under Evidence Act, 1872, Section 108 (missing person not heard alive for seven years) Question left open whether time-limit should be reckoned when seven

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 … Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002 which permits secured creditors to participate in auction of immoveable property if it remained unsold for want of

M/S. Dlf Limited and Another Vs. Competition Commission of India and O ...

Court : Competition Appellate Tribunal

Subject : Land Acquisition

'service' in section 2(u) of the Act by the DG. The DG also referred to section 65(105)(zzzzu) of Finance Act 1994, by which such service was included for the purposes of service tax. In that view, the DG … above-said clauses were described as ex-facie unfair and discriminatory attracting the provisions of section 4(2)(a) of the Competition Act, 2002 (hereinafter "Act"). It was urged that this amounted to abuse of dominant position by the Appellant. A complaint … merit. Even if we consider the total number of apartments, which is 1087, it will be seen that more than 40% of the apartments are

Dena Bank Vs. The official Liquidator, H.C.

Court : Kolkata

Subject : Education

Khurshid Alam Vs. P. Pagnon Company Private Limited and others reported in 2002 Company Law Board Page-523.3. Tan India Limited Vs. Sundaram Finance Limited and … KUMAR BANERJEE, J.FACTS: Kamlapur Sugar and Industries Limited (hereinafter referred to as “Kamlapur”.) obtained financial assistance from various finance institutions including Dena Bank, the appellant above named. The company became sick and was unable to discharge its … secured and unsecured creditors. Dena Bank issued a statutory notice of demand under Section 434 of the Companies Act on September 18, 2003 asking them to pay off the outstanding. The Kamalapur did not adhere to the

Gea Egi Contracting / Engineering Co Ltd Vs. Bharat Heavy Electricals ...

Court : Delhi

Subject : Arbitration

v. Henry: (1903) 2 K.B. 740; and Appleby and Another v. Myers: [L.R.] 2 C.P. 651; and Industrial Finance Corporation Of India Ltd. v. Cannanore Spinning and Weaving Mills Ltd. and Ors.: (2002) 5 SCC 54. 9. … Court in Gopi Chand and Anr. v. D.S.C. Finance Development Corporation Ltd.: 108 (2003) DLT 41 and the decision of the Calcutta High Court in … BHEL has filed the aforementioned application (being EA (OS) 713/2015) under Section 48 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, objecting to the enforcement of the impugned award principally for two reasons.

Tofan Singh Vs. State of Tamil Nadu

Court : Supreme Court of India

Subject : Land Acquisition

the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) or under Section 32 of the Prevention of Terrorism Act, 2002 (POTA) nor the power under Section 67 is a power to record substantive “evidence” as in Section 108 … and attempt to export out of India 5.250 Kgs. of heroin to Srilanka. Accused No.2 had indulged in financing for purchase of heroin for which he entered India without registering himself as a foreigner. The heroin, which

Commissioner of Customs Vs. Maurya Export House

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Land Acquisition

grounds. (i) After the amendment of Section 128A(3) of the Customs Act, 1962 by Section 110 of the Finance Act, 2001 remand power earlier available with the Commissioner of Customs (Appeals) has conspicuously been withdrawn. This issue has … very clear that Commissioner (Appeals) shall not exercise the powers other than those specified in Chapter XV and Section 108. (c) In Para 10 of his order, the Commissioner (Appeals) has taken note of some expressions of interest

P.M.Associates Vs. Ifci Limited

Court : Chennai

Subject : Land Acquisition

only Rs.206 lakhs. The said loan was advanced by the fiRs.respondent under the consortium agreement along with M/s.Tourism Finance Corporation of India Limited. The amount advanced by M/s.TFCI was Rs.294 lakhs. The respondent offered their immovable properties … of the same to petitioners forthwith under the Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act 2002 (Act 54 of 2002-SARFAESI Act) Prayer in W.P.No.4088 of 2012: Writ petition filed for the issuance of a … the judgment of a Division Bench of this Court reported in AIR2008Madras 108 [K.Chidambara Manickam versus Shakeena and others].to the effect that registration of the … and 2 being the possession holder of the above properties, as per Section 13 (4) of the SARFAESI Act, not to allow anyone, including the

C. Chellamuthu Vs. The Deputy Director, Prevention of Money Laundering ...

Court : Chennai Madurai

Subject : Land Acquisition

and fabricated documents in connivance of one S. Arivarasu, the then Business Development Manager of M/s. Global Trade Finance Limited, Coimbatore, availed loan facilities to the tune of Rupees Fifteen Crores. On coming to know of this … (Prayer:This Civil Miscellaneous Appeal is filed under Section 42 of the Prevention of Money Laundering Act, 2002 against the order dated 05.09.2014 in FPA-PMLA-399/MUM/2012 on the file of the Appellate Tribunal, Prevention of Money Laundering … untainted amount. ? (ii) [2011] 164 Comp Cas 149 (AP) : [2011] 108 SCL 491 (AP) B.Rama Raju vs. Union of India (UOI) Ministry of

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … a valid arbitration agreement. The appointment of arbitrators must, therefore, be governed by Section 11 of the New Act. (2002) 3 SCC 572 in the matter of NarayanPrasad Lohia v/s. Nikunj Kumar Lohia and others. Para 17 is … a learned Single Judge of this Court reported in AIR 2000 Bombay 108 in the matter of KevalKrishna Balakram Hitkari v/s Anil Keval Hitkari and