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Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to exclude DMG mistake claims, as these provisions purported to curtail the extended limitation period under

Deputy Commissioner Of Income Tax Vs. M/s Pepsi Foods Ltd. (now Pepsic ...

Court : Supreme Court of India

Subject : Education

order is concerned, would lead to great hardship, the legislature stepped in again and amended Section 254(2A) vide Finance Act, 2007 (w.e.f. 01/06/2007) as follows: “254. Orders of Appellate Tribunal. xxx xxx xxx (2A) In every appeal, the Appellate … extension of stay beyond 365 days in deserving cases. The writ petitions are allowed as above.” [at page 107-109]. 14.It is settled law that challenges to tax statutes made under Article 14 of the Constitution of India

Tata Teleservices Vs. Union of India

Court : Gujarat

Subject : Education

3.1 The respective petitioners have also prayed to declare that section 201 of the Act as amended by Finance Act, 2014 (Act No.2 of 2014) is prospective and does not apply to the proceedings where period of passing … another v. Indian Oil Corpn. and others, reported in [2003] 2 SCC 107 (para 7) as well as another decision of the Hon'ble Supreme Court … Declare that the proceedings consequent to notice issued under Section 201 (1) of the Act for Financial Year 2007-08 are barred by the proviso to Section 201 (3); (G) Your Lordships may be pleased to Declare that

Vishal Garg Vs. Union of India

Court : Punjab and Haryana

Subject : Direct Taxation

under the proviso to sub-section (9) of section 139 as it stood immediately before its omission by the Finance Act, 2007 shall be deemed to have been made under the provisions of this section. 139D. Filing of return in … of India Act, 1935, under which the superintendence was purely administrative, and that it restored the position under Section 107 of the Government of India Act, 1915. It may also be noted that while in a certiorari under

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

Court : Supreme Court of India

Subject : Direct Taxation

in the case of Arun Kumar (supra). To overcome the above decision, the law has been amended by Finance Act, 2007 with retrospective effect from 1/4/2002. The retrospective amendment merely takes away the above argument, which was available to … use”, the same position would obtain under explanation 2(v) of section 9(1)(vi) 107 of the Income Tax Act, inasmuch as, there must, under the licence … to royalty and as this was so, the same constituted taxable income deemed to accrue in India under section 9(1)(vi) of the Income Tax Act, 1961 [“Income Tax Act”]., thereby making it incumbent upon all such persons

Nml Capital Limited (Appellant) Vs. Republic of Argentina (Respondent)

Court : UK Supreme Court

Subject : MRTP

the state". Section 3(3)(b) defines "commercial transaction" as including "any loan or other transaction for the provision of finance¦". In view of this definition it is not surprising that it is common ground that the action in … total, including interest, of US$ 284,184,632.30, in a Federal Court in New York. NML brought a common law action on that judgment in this jurisdiction, and succeeded before Blair J in the Commercial Court. That judgment was … 1 BCLC 290; (No 2) [2002] EWHC 2815 (Ch), [2003] BPIR 324. 107.Second, particular attention has focussed on the ability of vulture funds to thwart

Commissioner of Income-tax, Ghaziabad Vs. Simbhaoli Industries (P.) Lt ...

Court : Allahabad

Subject : Direct Taxation

CIT v. Poonam Chand Trilok Chand [1976] 105 ITR 618 (All.); and (5) Union of India v. Kamlakshi Finance Corporation Ltd. 1991 (55) ELT 433 (SC). 9. Lastly, he made a request to dismiss the appeal filed … Satish Chandra, J. 1. The present appeal is filed by the department under Section-260-A of the Income Tax Act against the judgment and order dated 16.01.2001, passed by the Income Tax Appellate Tribunal, Delhi in Appeal No.6408

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 … From Hewart to Leggatt” 28 TRAS51(2009) 6 Excerpts from the ‘Explanatory Notes to the Tribunals, Courts and Enforcement Act, 2007’ prepared by the Ministry of Justice, British Parliament. 10 II. Canada 23. The Tribunal system in Canada, although … passage without the assent of the Rajya Sabha as required under Article 107 renders it ultra vires the legislative scheme contemplated in the Constitution.64. Learned … 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

The Maharashtra State Cooperative Bank Limited Through Its Chief Offic ...

Court : Mumbai

Subject : SICA

Acts : Maharashtra Cooperative Societies Act, 1960 - Sections 73G, 79A, 91, 101, 102, 102(1), 102(2), 103, 103(4), 104, 105, 105(1), 107, 154 and 246(1); Securatization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 2(1), 2(2), 13, 13(2), 13(4), 13(9), 13(13), 17(2), 31, 31B, 34, 35 and 37; Banking Regulation Act, 1949 - Sections 2(1) and 5; Registration Act, 1908 - Sections 47; Transfer of Properties Act - Sections 59; Specific Reliefs Act - Sections 20; Indian Contract Act, 1872 - Sections 172 and 176; Sale of Goods Act, 1930; Industrial Disputes Act, 1947 - Sections 33; Companies Act, 1956 - Sections 3, 529A and 529(1); Securities and Exchange Board of India Act, 1992; Securities Contracts (Regulation) Act, 1956; Debt Recovery Act; Guj

Reported in : 2008(4)BomCR719

Matched in: Advocate R.N. Dhorde, Adv. in Writ Petition Nos. 1278 of 2004 and 6600 of 2005, ;S.T. Shelke, Adv. in Writ Petition No. 330 of 2005 and 5844 of 2007, ;R.R. Chandak, Adv. in Writ Petition No. 6092 of 2006, ;V.D N.B. Khandare, Govt. Pleader for Respondent No. 1 to 3, ;Dilip Bankar Patil, Adv. for Respondent No. 5, ;P.R. Patil, Adv. for Respondent No. 6, ;V.D. Salunke, Adv. for Respondent Nos. 7 to 11, ;B.L. S

Carlsberg India Private Limited and Others Vs. Union of India and Othe ...

Court : Delhi

Subject : Service Tax

FA 1994 ) read with 65B(40) and Section 66D of the FA 1994as amended by Clause (f) of Section 107 and Clause (2) of Section 109 of Finance Act, 2015 ( FA 2015 ) respectively, along with Notification … filed under Article 226 of the Constitution of India challenging the constitutional validity of Section 66B of the Finance Act, 1994 ( FA 1994 ) read with 65B(40) and Section 66D of the FA 1994as amended by Clause