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The Commissioner of Income-tax Vs. A.K. Khosla

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 14, 15, 16, 17, 17(1), 17(2), 17(3), 143(1), 143(3), 147 and 148; ;Indian Income Tax Act, 1922 - Section 7(1); ;Income Tax Rules - Rule 3; ;Finance Act, 1999 - Section 17(2); ;Finance Act, 2001; ;Finance Act, 2002 - Section 271; ;Securities Contracts (Regulation) Act, 1956 - Section 2; ;Constitution of India - Article 20(1)

is answered accordingly.Further, this Court also considered the new provision of Section 17(3)(ii), which was inserted by the Finance Act, 2002 and held that the amendment is only prospective in nature and not retrospective and in paragraph 22, … revenue. Notes on clauses explaining various provisions containing the details reported in : (2001) 248 ITR 106 page 118 Statutes deals with sub Clause (b) of Clause 13, which reads as follows:Sub Clause(b) seeks to insert a

Deelip Apte Vs. Nilesh P. Salgaonkar and anr.

Court : Mumbai

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; General Clauses Act, 1897 - Sections 27; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : I(2007)BC96; 2006(6)BomCR653

case of S. Ummul Habiba, Proprietor Alim Auto Supplies v. B. Rajendran 2004 (2) D.C.R. 449 and Shashi Finance Corporation v. Super Shine Abrasives (P) Ltd. Hyderabad and Ors. 2004 (1) A.P 158 as well as the … Financers and Real Estate Pvt. Ltd. v. Devapa A. Sarvi and Anr. 2005 (2) Bom. C.R. 143 : 2005 (1) Goa 390, a presumption available … the complainant and the accused were close family friends.4. It is now common knowledge that the Negotiable Instruments Act, 1881, was amended with a view to enhance the acceptability of cheques in settlement of liabilities by making … which are required to be proved for making out a case under Section 138 of the Negotiable Instrument Act, 1881, ('Act' for short) and they … the date, reference could be made to Section 118(b) of the Act, which provides that only when

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 … Division Bench of the Karnataka High Court reported in AIR 1966 Mysore 118 in the matter of Coffee Board, Bangalore v/s. Janab Dada Haji Ibrahim … came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the Injunction Application of the Petitioners above-named, … the authoritative pronouncement of the Apex Court in the Judgment reported in 2005(7) SCC 234 in the matter of Shin-Etsu Chemical Co. Ltd. and Ors.

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2008)111ITD53(Delhi)

. The attention of the learned Authorised Representative was drawn to Section 14A which was inserted by the Finance Act, 2001 with retrospective effect from 1st April, 1962 as per which any expenditure incurred by the assessee in … ITA No. 2308/Del/2004 for asst. yr. 1999-2000;Escorts Finance Ltd. v. Dy. CIT (ITA No. 611/Del/2005 dt. 31st Aug., 2005).6.9. He also distinguished the decision of Delhi Bench of the Tribunal in the case of Hexa Securities &

Maa Sharda Wine Traders Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Excise

Reported in : AIR2009MP207; 2009(3)MPHT304; 2009[15]STR3; [2009]22STT105; (2009)22VST170(MP); 2009(5)AIRKarR498

constitutional validity of Section 65(76b) of the Finance Act, 1994 (for short, 'the Act') as amended by the Finance Act, 2005 was challenged primarily and principally on the ground that there is lack of legislative competence on the part … In Bharat Sanchar Nigam Ltd. v. Union of India : [2006]282ITR273(SC) , their Lordships have expressed thus: (page 118 of 3 VST)42. All the clauses of Article 366(29A) serve to bring transactions where one or more of

The Commissioner of Income-tax. Vs. Shri Bharat R. RuiA.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43(3), 43(5) ; Securities Contracts (Regulation) Act, 1956 - Sections 2(ac), 2(h), 18A ;

speculative business. 6) Mr. Gupta further submitted that clause (d) inserted to the proviso to Section 43(5) by Finance Act, 2005 specifically provides that with effect from 1/4/2006 exchange permitted derivative transaction shall not be deemed to be a … Services P. Ltd. reported in 113 TTJ 511 (Bom) and RKB Securities P. Ltd. V/s. RTO reported in 118 TTJ 465 (Bom).14) Mr. Mistri further submitted that a derivative contract is merely a contract to transfer or

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

in para 34 thus: “39. Democracy requires an informed citizenry and transparency of information. The Right to Information Act, 2005 (“the RTI Act”) recognises the right of the citizen to secure access to information under the control of … policy matters is no more res integra. The duty enjoined upon the 118 judiciary is to ensure checks and balances; and to place itself between … questions to the members of the government and demand answers thereto. Nor would they have authority over the finances of the Government’279.” It was followed by Indian Councils Act, 1892280 whereby indirect elections were introduced and members … Government is the repository of public faith in matters of development. Some section of the public/citizens may have another view point if not complete disagreement

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)103ITD389(Delhi)

the AO and relatable to such evidence' appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1st July, 1995.2. In this appeal the assessee originally filed grounds of appeal … President as JM and Shri B.R. Jain as AM on 3rd Aug., 2005, 4th Aug., 2005, 8th Aug., 2005 and 19th Aug., 2005. Thereafter the … whom a complaint had been made and who was to be discharged when nothing was found against him (Section 118). Thus, the assessee in this case was a person against whom a complaint had been made or an

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 … vs. Union of India (2014)17, whilst striking down the newly-created National Tax Tribunal under the National Tax Tribunals Act, 2005, it was observed that procedure of appointment and conditions of service of members must be akin to judges … to clarify the scope of the word ‘only’, not directly but indirectly.” 118. The majority judgment did not advert to the doctrine of pith and … 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

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : (2020) 8 SCC129; [2020] 3 SCR 1

with income tax only. 26.2. The position of law and the rights accrued prior to enactment of the Finance Act, 2004 have to be taken into account, particularly when the position becomes irreversible. 26.3. The provisions of Section … Dictionary, defines “paid” as follows: “being given money for something.” P. Ramanatha Aiyar’s Advance Law Lexicon, 3rd Edition, 2005, uses the following definition of “paid”: “applied; settled: satisfied.” 203. The word “paid” in Section 31(1) to the … orders said to have been passed by the High Court in conformity 118 with enforcement of the government resolution. We do not think that this