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Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Subject : CompanyCriminal

Acts : Income Tax Act, 1961 - Sections 232(3), 232(3)(1), 276B, 276C, 277, 278 and 278B; Indian Penal Code (Amendment) Bill, 1972; Finance (No. 2) Act, 2004 - Sections 35HA(3); Wealth Tax Act, 1957; Indian Penal Code (IPC) - Sections 7, 11, 62, 417 and 420; Foreign Exchange Regulation Act, 1973 - Sections 56(1); Monopolies and Restricted Trade Practices Act, 1969 - Sections 48A; Code of Criminal Procedure (CrPC) , 1973 - Sections 235; Monopolies and Restricted Trade Practices (Amendment) Act, 1984 ; Foreign Exchange Regulation Act, 1973 - Sections 13, 19(1), 44(2), 18(1), 18A, 50, 51, 56, 57 and 58; Companies Act, 1956; Suppression of Immoral Traffic in Women & Girls Act, 1956 - Sections 3(1); Prevention of Food Adulteration (Amendment) Act No. 34 of 1976; Employees Provident Fund Act; Genera

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457; (2005) 4 SCC 530

on 16th September, 2003. Section 278B was promptly amended by Parliament by insertion of sub-section (3) by the Finance (No. 2) Act, 2004 w.e.f. 1.10.2004. The inserted sub-section (3) reads as under:'278B (3) Where an offence under this Act has been … it to punishment. In most of the statutes, the word 'person' is defined to include a corporation. In Section 11 of the Indian Penal Code, the 'person' is defined thus : 'The word 'person' includes any Company or

Saroj Sales Organisation Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2008)115TTJ(Mum.)485

5 per cent of the limit prescribed, it is pointed out that this sub-section was amended by the Finance (No. 2} Act, 2004 w.e.f.1st April, 2005. Prior to its substitution the section granting 100 per cent deduction of income arising from … Municipal Corporation sanctioned a building plan to the said principal developer for construction of one building consisting of 11 wings i.e. wings, A, B, C, D, E, F,. G. F1, A1, B1 and B2. The principal developer

Shree Choudhary Transport Co. Vs. Income Tax Officer

Court : Supreme Court of India

Subject : Direct Taxation

from 2006-07. We, however, do not subscribe to the view so canvassed by the assessee. The Finance (No.2) Act 2004 has brought an amendment in Section 40 of the Act making it applicable w.e.f. 01/04/2004 (sic)8. Since this … interpretation would amount to punishing the assessee for no fault of his. The High Court further observed that Section 11 of the said Finance Act, inserting sub-clause (ia), did not provide that the same was to become effective

Krishna Lifestyle Technologies Ltd. Vs. Union of India (Uoi) Through t ...

Court : Mumbai

Subject : Excise

Acts : Customs Act, 1962 - Sections 142; Central Excise Act, 1944 - Sections 11; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2005 - Sections 13(6) and 35; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2004 - Sections 11; Central Boards of Revenue Act, 1963 - Sections 11D; Customs Act, 1862; Karnataka Land Revenue Act - Sections 158 and 190; Contract Act - Sections 176; Central Sales Tax Act - Sections 9; Transfer of Property Act, 1882 - Sections 100; State Financial Corporation Act, 1951 - Sections 29 and 29(2); Karnataka Sales Tax Act - Sections 15; State Corporation Act, 1951 - Sections 25; Income Tax Act - Sections 2(13); Bombay Sales Tax Act, 1959 - Se

Reported in : (2008)110BOMLR456; 2008BusLR314(Bom); 2008(125)ECC208; 2008(151)LC208(Bombay); 2008(229)ELT173(Bom); 2009[16]STR669

is the power of attachment and sale. The section before the insertion of the proviso by the Finance Act, 2004, only permitted an Officer empowered, to recover any sums payable by attachment and sale of excisable goods belonging … Respondent No. 4 issued sale certificate for the immovable property and also sale certificate for the movables.3. Respondent No. 2 by an Order of 27-11-2001 had made a demand of duty under Central Excise Act, 1944 and had … it is sold by a secured creditor under the provisions of the SARFAESI Act.3. Considering the proviso to Section 11 of The Central Excise Act, 1944, can a transfer be said to be a voluntary transfer by 'the

Better Label Manufacturing Co. Ltd. Represented by Its Managing Direct ...

Court : Chennai

Subject : Direct Taxation

Acts : Wealth Tax Act; Finance Act, 1998 - Sections 87, 88 90, 92 and 95; Income Tax Act - Sections 246, 260A and 264

Reported in : 2008(228)ELT331(Mad)

certificate to the appellant under the said scheme.2. The learned single Judge, after referring to Section 95 of Finance (No. 2) Act, 1998 has ultimately held that it is true that the word 'pending' would mean 'undecided issues' and a … K. Raviraja Pandian, J.1. Writ Appeals Nos.2619 and 2824 of 2004 have been filed against the common order passed by a learned single Judge of this Court dated 31.03.2004

Sri Chaitanya Educational Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (2007)106ITD256(Hyd.)

the Income-tax Act. Under the provisions of Section 12AA of the Income Tax Act, as amended by the Finance(No. 2)Act, 2004, the Commissioner has power to cancel the registration granted under Section 12A of the Act, with effect from … till the assessment years 1998-99, and from 1999-2000 onwards it has been claiming the benefit of exemption under Section 11 and 12 of the Act.Assessments were completed under Section 143(3) of the Act for the assessment years 1993-94

Surbhi Industries Vs. Commissioner of Customs and

Court : Authority for Advance Rulings

Subject : Excise

Reported in : (2007)(208)ELT578AAR

(levied under Finance Act, 2005) and Education Cess (EC) @ 2% of aggregate of all duties (levied under Finance(No. 2) Act, 2004). Notification No. 56/2002-CE dated 14.11.02 as amended exempts 'Duty of Excise' levied under the First Schedule and the … 1. In this application under Section 23C of the Central Excise Act, 1944 (for short "the CE Act"), the applicant, M/s Surbhi Industries, a

Rakesh Kumar Sharma and ors. Vs. State of U.P. and anr.

Court : Allahabad

Subject : CivilConstitution

Acts : Constitution of India - Articles 14, 226 and 243; Uttar Pradesh Land Revenue Act, 1901 - Sections 11; Uttar Pradesh General Clauses Act, 1904 - Sections 4(42B) and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 7, 8, 11 and 12

Reported in : 2004(3)AWC2234

Matched in: Citation 2004(3)AWC2234

Reserve Bank of India Vs. Pattem Surya Prakash Rao and ors.

Court : Andhra Pradesh

Subject : Banking

Acts : Constitution of India - Articles 14, 19, 21, 162, 226 and 301; Deposit Insurance Corporation (Amendment) Act, 1968; Banking Regulation Act, 1949 - Sections 2, 5, 5(1), 11, 11(1), 13A, 13D, 18, 21, 22, 22(3), 22(3A), 22(4), 22(5), 24, 35, 35A, 36, 36A, 36(1), 38, 45K(3), 45W, 56, 115A and 115B; Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 - Sections 36A and 41(1); Andhra Pradesh Cooperative Societies Act, 1964 - Sections 64, 65, 66, 115A and 115B; Depositors Insurance and Credit Guarantee Corporation Act, 1961 - Sections 2, 13D, 22, 35(4) and 36; Companies Act, 1956 - Sections 58A and 235; Banking Laws (Application to Co-operative Societies) Act, 1965; Reserve Bank of India Act, 1934 - Sections 42(3A); Cooperative Societies Rules; Bengal Money Lenders Act; Govern

Reported in : 2007(6)ALT563

decision. The learned Senior Counsel in this regard relied upon Peerless General Finance and Investment Company Private Limited v. Reserve Bank of India : 1991CriLJ1391 … and to pursue the further remedies open to them depending on the result of the appeal.23. On point No. 2, the learned Judge held that the RBI should not have passed an order for winding up of a … order of the learned Single Judge in Writ Petition No. 23156 of 2004. The learned Single Judge disposed of the said writ petition alongwith Writ … the commencement of this Act before the expiry of the three years referred to in Sub-section (1) of Section 11 or of such further period as the Reserve Bank may under that sub-section think fit to allow.(3) Before

Commissioner of Income Tax vs.bhanot Construction & Housing Limite ...

Court : Delhi

Subject : Direct Taxation

the Finance (No.2) Act, 2004.” insertion of second proviso ITA No.603/2018 Page 11 of 13 14. The Court is of the view that the above … from 01.04.2005 which is the date from which sub clause (ia) of section 40(a) was inserted by Finance act, 2004. In fact by treating the above legislation as declaratory and therefore retrospective, it is the intention of the … THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.603/2018 Reserved on :28. h August, 2018 Date of decision:17. h January, 2019 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Ashok K. Manchanda, Sr.