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Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 245A, 245(2A), 245C, 245C(1), 245C(3), 245D, 245D(1), 245D(1A), 245D(2A), 245D(2B), 245D(2C), 245D(2D), 245D(4), 245D(4A), 245D(4A)(1), 45D(4A)(2A), 45D(4A)(2D), 245D(4A)(4), 245H, 245H(1), 245HA, 245HA(3), 245(I), 245(4), 246C, 245HA(1), 245HA(2), 245HA(3) and 254(2A); Finance Act, 2007; Finance Act, 2008 - Sections 273AA, 273AA(1), 273AA(3), 278AB, 278AB(1) and 278AB(3); Taxation Law (Amendment) Act, 1975; Wealth-tax Act; Right to Information Act (RTI); Central Excise Act - Sections 35C(2A); Income Tax Rules - Rule 3; Constitution of India - Articles 14 and 16; Indian Penal Code

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

before the Settlement Commission, remained on the statute book despite the amendments introduced by the 2007 Act.(e) By Finance Act, 2008 Section 273AA was introduced conferring power on the Commissioner to grant immunity from penalty, if the Commissioner was satisfied … the fault of the Applicant - Rule made absolute - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police

Commissioner Of Service Tax Delhi Vs. Quick Heal Technologies Limited

Court : Supreme Court of India

Subject : Service Tax

Right to use of tangible goods service has also been brought under the service tax net by the Finance Act, 2008, with effect from 16.05.2008 vide notification No.18/2008­ST, 35 dated 10.05.2008 whereby taxable service has been defined under Section … reported in (2000) 6 SCC12 In this decision, this Court considered the incorporation of clause (d) of Clause 41 (29A) of Article 366 of the Constitution referred to above. It is apt to quote the following relevant

Sahara India Financial Corporation Ltd. Lucknow vs.cit and Ors.

Court : Delhi

Subject : Education

from the receipt of the impugned order. Contentions 5. OSC contends that Section 142(2A), as amended by the Finance Act, 2013, violates Article 14 of the Constitution of India. The petitioner contends that by the said amendment, the … Rashmi Chopra along with Mr. Ruchesh Sinha and Ms. Ariya, Advocates for... Petitioners in Item Nos. 23 to 41. Mr. Dileep Shivpuri along with Mr. Sanjay Kumar, Advocates for respondent/Income Tax in Item Nos. 1 to 13

Virbhadra Singh & Anr vs.enforcement Directorate & Anr

Court : Delhi

Subject : Land Acquisition

for matters connected therewith or incidental thereto." The law (PMLA) has been amended several times, lastly by the Finance Act, 2016 (Act No.28 of 2016). It is a measure to deal with "money-laundering", the definition of which expression … 101 the commission of a cognizable offence. The law was amended by the Code of Criminal Procedure (Amendment) Act 2008 (Act 5 of 2009), coming into effect from 1.11.2000, it having taken the shape quoted above. The broad … account of refusal to give name or residence under Section 42), the very first provision in that Chapter, Section 41, being of import, it indicating the cases or fact-situation(s) wherein a police officer "may arrest without warrant". The

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 5, 7 and 8; ;Presidency Small Cause Courts Act, 1882 - Sections 17, 18, 19, 21, 22, 24, 33, 41, 41(1) and 41(2); ;Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Arbitration Act, 1940 - Sections 34, 40; Maharashtra Rent Control Act, 1999; Provincial Small Cause Court Act, 1887; ;Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28 and 28(1); Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act; Maharashtra Housing and Area Development Act, 1976; Maharashtra Rent Control Act; Code of Civil Procedure (CPC) , 1908 - Sections 9A; Indian Medical Council Act, 1956 - Sections 10A; Medical University Act - Sections 5(5); Industrial Disputes Act - Sections 10(1

Reported in : 2010(1)MhLj658

v. State Industrial & Investment Corporation of Maharashtra Limited reported in : 1993 (2) SCC 144; A.P. State Finance & Corporation v. Official Liquidator reported in : AIR 2000 SC 2642. It is argued that the provisions … to the said notice, the Respondents issued a letter dated 1st September 2008, inter alia invoking the Arbitration Clause as contained in Clause 14 of … same time, the Respondents proceeded to file a suit before the Small Causes Court at Mumbai by invoking Section 41 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as `the Act of 1882') for declaration

The Commissioner of Income Tax-8, Mumbai and Others Vs. M/s. Sulzer In ...

Court : Mumbai

Subject : Direct Taxation

under Government orders. In paras 1 and 2 of this Circular, the Department refers to the introduction by Finance Act, 1983 w.e.f. 1st April, 1984 of section 43-B. Then, in para 3, it refers to several representations received … Court dated 2nd September, 2014 in Income Tax Appeal No. 899 of 2008 in the case of The Commissioner of Income Tax and Anr. vs. … cannot be termed as remission/cessation of liability. Consequently, no benefit has arisen to the Assessee in terms of section 41(1)(a) of the Income Tax Act. Accordingly, the opinion was rendered and the matters were sent back to the

Punj Lloyd Ltd. Vs. Bharat Petroleum Corporation Ltd.

Court : Mumbai

Subject : Land Acquisition

conduitâ? from such date as the Central Government may, by notification in the Official Gazette, appoint. The said Finance Act 2005 came into force on 13th May, 2005. 4. The respondent introduced the Commercial Addendum No.1 in the … of Clause 22 of the Special Conditions of Contract and other terms of the contract. On 1st April, 2008, the respondent denied admissibility of reimbursement of service tax and contended that the service tax was deemed to … submit their bid in total compliance to Bidding Document without any deviation/stipulation/clarification/assumption. 41. Clause 7.5 provided that the responses to Bidder's queries/clarifications raised by the … 1. By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

Subject : Land Acquisition

be understood before correctly appreciating the nature and purport of Rule 8D. Section 14A was first inserted by Finance Act, 2001 with retrospective effect w.e.f. 01.04.1962. Section 14A as originally inserted reads as under:­ “14A. Expenditure incurred in … can in no manner be retrospective. He submits that Rule 8D was made applicable by Fifth Amendment Rules, 2008 providing in Clause 2 i.e. “they shall come into force from the date of their 7 publication in … and would apply to all assessments even prior to Assessment Year 2003­04.” 41. The three­Judge Bench also referred to Departmental Circular dated 24.07.1976, which was

The Mavilayi Service Cooperative Bank Ltd. Vs. Commissioner Of Income ...

Court : Supreme Court of India

Subject : Direct Taxation

to such deductions after the introduction of section 80P(4) of the IT Act by section 19 of the Finance Act, 2006 (21 of 2006) with effect from 01.04.2007. It may be stated at the outset that all these … of a proviso to the aforesaid provision, it is made clear that such a deduction shall not be 41 admissible to a cooperative bank. However, if it is a primary agricultural credit society or a primary cooperative

Vasu Tech Ltd. Vs. Ratna Commercial Enterprises Ltd. and anr.

Court : Delhi

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 41; Negotiable Instruments Act - Sections 138; Code of Civil Procedure (CPC) - Sections 37 and 151 - Order 7, Rule 11 - Order 39, Rules 1, 2 and 4

Reported in : AIR2008Delhi122

of India Ltd. v. United Industrial Bank Limited and Ors. : [1983]3SCR962 ;(ii)Anant Raj Industries Ltd. v. Industrial Finance Corporation of India Ltd. and Ors. (2000) 100 Company Cases 494 (Del).6. Reliance was also placed on paras … issued in their favor, which it is stated is ex-facie not maintainable, being barred by the provisions of Section 41(b) and (d) of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act'). 5. Heavy reliance was