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Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

proceeds of crime is involved in money-laundering.” 371 The Standing Committee of Finance then made some recommendations as follows: “The Committee recommend that the prescribed … 8 of the Suppression Of Unlawful Acts Against Safety Of Maritime Navigation and Fixed Platforms On Continental Shelf Act, 2002; Section 212 of the Companies Act, 2013; and Section 12 of the Anti-Hijacking Act, 2016. State Legislations:- Section 19 … a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when Section 114 is incorporated in the Evidence Act. It empowers 545 AIR1956SC404546 106. Burden of proving fact especially within knowledge.

Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Subject : Direct Taxation

the AO and relatable to such evidence.‖ The expression ―relatable to such evidence‖ has been inserted by the Finance Act, 2002 retrospectively w.e.f. 1.7.1995. A bare reading of this provision would indicate that undisclosed income has to be computed … the respondent- assessee on two occasions, i.e. 25th November, 1999 and 6th January, 2000 become relevant and significant.31. Section 114 of the Evidence Act states that Courts may presume existence of certain facts having regard to common course

The Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Subject : Direct Taxation

the AO and relatable to such evidence.‖ The expression ―relatable to such evidence‖ has been inserted by the Finance Act, 2002 retrospectively w.e.f. 1.7.1995. A bare reading of this provision would indicate that undisclosed income has to be computed … the respondent- assessee on two occasions, i.e. 25th November, 1999 and 6th January, 2000 become relevant and significant.31. Section 114 of the Evidence Act states that Courts may presume existence of certain facts having regard to common course

Anjuga Chit Funds (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2008)113ITD67(Chennai)

loss of Rs. 95,222 and the same is allowable as per amended provision of the Act by the Finance Act, 2002.The brief facts of the case are that the AO has computed the undisclosed income as follows: Now, … The expression used in this Sub-section (4A) is "may be presumed" which is also the expression used in Section 114 of the Evidence Act and it was not a mandate that whenever books of accounts are seized, the

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

the same manner as, a duty of customs. K.4 The said Section 3(2) as it stood amended by Finance Act, 2002 reads as under: (2) For the purpose of calculating under this section, the additional duty on any imported … repealed, superseded or rescinded. This Section was introduced with effect from 11-5-2001 by the Finance Act, 2001. By Section 114 of the Finance Act, 2001 it was also, inter alia, provided that any action or omission under any

Mayawati Vs. Cit (Central-i) and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act - Sections 138, 139, 139(1), 142(1), 143(2), 143(3), 147, 148 to 153, 153(2) and 163; Finance Act, 1996; Finance Act, 2002; General Clauses Act, 1897 - Sections 27; Evidence Act - Sections 114; Negotiable Instruments Act, 1881; Constitution of India - Article 226

Reported in : (2009)222CTR(Del)117; 157(2009)DLT324; [2010]321ITR249(Delhi)

to Sub-section (2) of Section 143, as it stood immediately before the amendment of said Sub-section by the Finance Act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or recomputation … document sought to be served upon him without anything more. Similar presumption is raised under illustration (f) to Section 114 of the Indian Evidence Act whereunder it is stated that the Court may presume that the common course

J.G. Exports Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Service Tax

Reported in : (2000)(72)ECC95

15. Counsel further drew our attention to Circular No. 15/97-Cus., dated 3-7-1997 of Govt, of India (Ministry of Finance) and also to Public Notice No. 66 dated 25-6-1997 of the Delhi Customs issued in pursuance of the … confiscate the goods under Section 113(d) of the Customs Act and to impose penalty on the exporters under Section 114 of the Act.8. The exporters, by themselves as well as through their Advocate, contested the Department's allegations by

Jeny Thankachan, vs Union of India,

Court : Kerala

M.K.SAFEELA BEEVI SAVITHA GANAPATHIYATAN M.M.SHAJAHAN RESPONDENTS: 1 UNION OF INDIA, MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD MARG, NEW … 2016 shall have overriding effect over the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, since insolvency resolution and bankruptcy for individuals and Partnership Firms have come into force with effect from 15.11.2019 … of the application or on the date the adjudicating authority passes an order on the repayment plan under Section 114, whichever is earlier. Section 101 provides that during the moratorium period, any pending legal action or proceeding in

Deputy Commissioner of Vs. United Vanaspati Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Land Acquisition

Reported in : (2004)88ITD313(Chd.)

support from the ratio laid down by Delhi High Court in the case of CIT v. Motor General Finance Ltd. [2002] 254 ITR 449' in which it was held. ". . . As the assessee could not … . As the assessee could not produce any document in this regard, an adverse inference in terms of Section 114 of the Evidence Act should be drawn to the effect that had those documents been produced, the same

Kay Cee Electricals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2003)87ITD35(Delhi)

be drawn against the assessee. The Hon'ble Delhi High Court in the case of CIT v. Motor General Finance Ltd. (2002) 254 ITR 449 (Del) has held that if the assessee does not furnish the information/material in … drawn against the assessee. As the assessee could not produce any document, an adverse inference in terms of Section 114 of the Evidence Act, 1872, had to be drawn to the effect that, had those documents been produced,