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

Court : Supreme Court of India

Subject : Land Acquisition

we may now examine the challenge laid to the Finance Act, 2017. 51 112. Provisions of Part XIV can be broken down into three broad … 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

Commissioner of Income Tax Vs. Motilal Subhodh Kumar Jain

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 51, 260A, 269SS, 269T, 269T(1) and 271E; Finance Act, 1985; Finance (Amendment) Act, 2002; Banking Regulation Act, 1949; Direct Tax Laws (Amendment) Act, 1987

Reported in : (2005)197CTR(MP)58; [2005]277ITR524(MP); 2004(3)MPLJ304

than a company, includes deposit of any nature.'6. Amendment has been made in the above provisions by the Finance Act, 2002, the amended Section 269T reads thus :'Mode of repayment of certain loans or deposits.--No branch of a banking … Banking Regulation Act, 1949 (10 of 1949), applies and includes any bank or banking institution referred to in Section 51 of that Act;(ii) 'co-operative bank' shall have the meaning assigned to it in Part V of the Banking

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 … & Co.) affirmed by this Court in : [2001]249ITR670(SC) (SC), CIT v. Prithipal Singh & Co. 171 iTR 51 (P&H; High Court, CIT v. Virendra & Co.), : [1999]240ITR47(Ker) (Kerala High Court, CIT v. N. Krishnan), :

Deputy Commissioner of Income Tax Vs. Electropack [Alongwith Misc.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)94TTJ(Ahd.)973

July, 1995, the proceedings initiated are not proper and just. 3. As per the amendment made by the Finance Act, 2002, to Section 158B, the definition of "undisclosed income" is reproduced as under: 158B(b) : 'undisclosed income' includes any … to do so the addition on that count was justified--Motilal Padampat Udyog Ltd. v. CIT (1991) 187 ITR 515 (All). (iv) When a bogus entry is found in accounts, there cannot be a better solution than to

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Subject : Direct Taxation

he submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also … from the United States of America [“USA”].. The assessment years that we are concerned with are 2001-2002 and 2002-2003.6. The Assessing Officer by an order dated 15.05.2002, after applying Article 12(3) of the Double Taxation Avoidance Agreement … copyright is parted with by the original owner. He added that section 51(b) of the Copyright Act makes it clear that when any person makes

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 … has not expired, on the basis of entries ITA No.169/2005+connected appeal Page 51 of 77 relating to such income or transactions as recorded in the … MS. JUSTICE PRATHIBA M. SINGH ITA No.169/2005+connected appeal Page 1 of 77 SANJIV KHANNA, J.: Afore-stated appeals under Section 260-A of the Income Tax Act, 1961 (‗Act‘ for short) have been preferred by the Revenue, the Commissioner

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 … has not expired, on the basis of entries ITA No.169/2005+connected appeal Page 51 of 77 relating to such income or transactions as recorded in the … MS. JUSTICE PRATHIBA M. SINGH ITA No.169/2005+connected appeal Page 1 of 77 SANJIV KHANNA, J.: Afore-stated appeals under Section 260-A of the Income Tax Act, 1961 (‗Act‘ for short) have been preferred by the Revenue, the Commissioner

Citicorp.Maruti Finance Ltd. Vs. S.Vijayalaxmi

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002,; Motor Vehicles Act, 1988 - Section 51;

Reported in : 2011(4)KLT143(SN); 2012(1)SCC1; 2012(1)LW153; AIR2012SCW252; AIR2012SC509; 2012(2)SCJ576

Excise Vs. Bajaj Auto Finance Ltd.), where similar views have been expressed. 19. Reference was also made to Section 51 of the Motor Vehicles Act, 1988, which makes special provision in regard to motor vehicle which was subject … same footing as those which involved Hire-Purchase Agreements. It was urged that although the provisions of the SARFAESI Act, 2002, could be applied in similar cases, the same would not apply as far as the present cases were

Uttranchal Finance Ltd. Vs. State Bank of Indore and ors.

Court : DRAT Delhi

Subject : Right to Information

Reported in : II(2005)BC56

respondent-Bank') filed O.A. 648/2000 before the Debts Recovery Tribunal, Delhi (hereinafter referred to as the 'DRT') against appellant-Uttranchal Finance Ltd. (3rd defendant in the O.A., and hereinafter referred to as 'the appellant-defendant') and three others for the … no notice could have been served upon the appellant-defendant at the Corporate office-address. He contends that since under Section 51 of the Companies Act notice had to be taken to the Registered office, in order to be a

Gujarat Ambuja Cements Ltd Vs. Cce, Chandigarh

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

the matter was at rest for over two decades. The amendments made through the retrospective amendment made by section 51 of Finance Act, 1982 were incorporated in new Central Excise Rules, 2002 also. However the amendments made by … the difficulty faced, the Legislature amended Central Excise Rules, 1944, retrospectively from 1944 onwards by Section 52 of Finance Act 1982 and the matter was at rest for over two decades. The amendments made through the retrospective amendment