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Aug 23 2019

M/S Advantages India & Anr vs.union of India & Ors

Court : Delhi

Decided on : Aug-23-2019

Subject : Education

1. The present batch of writ petitions seek to challenge the constitutional validity of Section 43 of the Foreign Contribution (Regulation) Act, 2010 (hereinafter referred to as „FCRA‟) and Rule 22 of Foreign Contribution (Regulation) Rules, 2011 (hereinafter referred to as … as under:-"―113. Though an authorised officer of Enforcement or Customs is not undertaking an investigation as contemplated under Chapter XII of the Code, yet those officers are enjoying some analogous powers such as arrest, seizures, interrogation etc. … was alleged that the claim of M/s. W.P.(Crl.) 3595/2017 & Ors. Page 6 of 59 Advantage India, that it had purchased medicines worth Rupees Twenty

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Jan 21 2014

N.P.Thangaraj Vs. Church of South India

Court : Chennai

Decided on : Jan-21-2014

Subject : Education

that the foreign contributions to 5th defendant-CSI Kanyakumari Diocese are received through as per the procedure prescribed under Foreign Contribution Regulation Act ie., foreign contributions for specific purpose are sent to FCRA account of 5th defendant-CSI Kanyakumari Diocese. The 3rd … suit. The applicants/plaintiffs have filed the suit for the following reliefs:- (a)for declaration to declare that Rule 3 Chapter XI of the Constitution of first defendant - Church of South India that All members of the Church … 5.On appearance, the respondents have filed their counter affidavits opposing the applications. 6.Before dealing with the applications, it would be appropriate to extract the averments

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Apr 08 2022

Noel Harper Vs. Union Of India

Court : Supreme Court of India

Decided on : Apr-08-2022

Subject : Land Acquisition

scrutinised by the Committee appointed by the House, presented it in the Lok Sabha on 27.8.2010, titled as “Foreign Contribution (Regulation) Act, 2010”. The members expressed that India is an emerging economic power and the Bill, as 64 propounded, was a … foreign contribution is otherwise prohibited by law and violation of such restriction has been made an offence under Chapter VIII of the 2010 Act. Nothing prevents the organisations interested in doing charitable work in raising contribution within … “certificate” means certificate of registration granted under sub-section (3) of section 12;” 6 The expression “person” as defined in Section 2(1)(m) of the 2010 Act

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Nov 30 2015

Arvind Khanna Vs. Central Bureau of Investigation

Court : Delhi

Decided on : Nov-30-2015

Subject : Education

Magistrate-01 (ACMM), Patiala House Courts, New Delhi, whereby cognizance under Section 35 read with Section 3 of the Foreign Contribution (Regulation) Act, 2010 (hereinafter shall be called FCRA, 2010) was taken and summons were issued against the petitioner. 2. Vide Crl. … the issuance of process under Section 204 is a preliminary step in the stage of trial contemplated in Chapter XX of the Code. Such an order made at a preliminary stage being an interlocutory order, same cannot … were given by father of the petitioner to other siblings mentioned above. 6. Learned senior counsel further submitted that the similar income received by the

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Jun 25 2024

Centre For Wildlife Studies (r) Vs. Union Of India

Court : Karnataka

Decided on : Jun-25-2024

Subject : Right to Information

Court calling in question an order dated 05-03-2021 by which the 2nd respondent suspends its registration under the Foreign Contribution (Regulation) Act, 2010 (‘the Act’ for short) and sought a consequential relief against the orders passed aftermath of the aforesaid order … Act. Therefore, the entire fulcrum of the lis revolves around Section 14 of the Act.8. Section 11 under Chapter III of the Act deals with registration of certain persons with Central Government. Section 12 of the Act … registration of the petitioner, the petitioner ought to have been afforded personal 6 hearing in terms of Section 14(2) of the Act. He would submit

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Apr 26 2013

N Narayanan Vs. Adjudicating Officer, Sebi

Court : Supreme Court of India

Decided on : Apr-26-2013

Subject : MRTP

with, as it should be, will affect not only country’s economic growth, but also slow the inflow of foreign investment by genuine investors and also casts a slur on India’s securities market. Message should go that our … India (Prohibition of Fraudulent and Unfair Trade Practice Relating to Securities Market) Regulations, 2003 (for short ‘Regulations 2003’). Consequently, a notice was issued to the … show cause notice vide letter dated February 3, 2010 stating that there were no irregularities and the … appellant and its consequences. Section 12A falls in Chapter VA of the SEBI Act which reads as … more respect in our society than the subscribers and investors in their companies. Companies are thriving with investors’ contributions but they are a divided lot. SEBI has, therefore, a duty to protect investors, individual and collective, against … guaranteed under Section 15Z of the Securities and Exchange Board of India Act, 1992 (for short ‘SEBI Act’) has been invoked challenging a joint order … Official Liquidator v. P.A. Tendolkar (1973) 1 SCC 60.that a Director may be shown to be placed

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Jul 02 2018

Common Cause (A Regd. Society) Vs. Union of India .

Court : Supreme Court of India

Decided on : Jul-02-2018

Subject : Right to Information

approval/ consideration of the CBDT for action (prosecution under the IT Act, and action under the Banking Companies Regulation Act, etc.) against the concerned foreign bank, its Indian affiliates and the persons concerned.34. The answering respondent No.2 also … obtained under DTAA. This is an innovative and successful action that has been evolved on account of the contribution of answering respondent.36. The answering respondent No.2 further submitted that having regard to the seriousness of the matter, … cases. This Court had directed on 20.11.2015 in Civil Appeal No.10660 of 2010, the CBI Director not to interfere in the investigation process carried out … Misconduct and Conduct of Cases) Rules, 2007 and decided to proceed under Chapter V of the Rules. The consequential judicial proceedings were still pending. Consequently, … had appointed Mr. K.V. Chowdary as CVC on 6.6.2015 and 1 Mr. T.M. Bhasin as VC on

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Mar 17 2011

Computer Sciences Corporation India Pvt. Ltd. Vs. Department of Teleco ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Mar-17-2011

Subject : Land Acquisition

sector with effect from 13.08.2000. All Indian registered companies are eligible to apply. There is no restriction on foreign equity and number of entrants. There is no entry fee and no bank guarantee. The applicant company is … never had nor have the slightest predilection to violate any rules or regulations covering the registration of “OSP” operations run by our company. In that … Data Services, Sanchar Bhawan on Friday 12th November, 2010. 4. We have discussed and have instructed our … providing the Application Services within national boundaries.” 8. Chapter II provides for the general terms and conditions … It is also anticipated that going forward a major part of the GDP of the country would be contributed by this sector. Accordingly, it is of vital importance to the country that there be a comprehensive and … 2. The petitioner, a company registered and incorporated under the Indian Companies Act, 1956, is engaged in the business of providing IT and IT enabled … fixed by the ‘ARBITRAL TRIBUNAL” anywhere in India. 6.0 The Registered company can provide the infrastructure as

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Jan 23 2013

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-23-2013

Subject : Direct Taxation

was entered between LGK and LGI on 10th March 1997, as per which both entered into a mutual foreign collaboration agreement. Thereafter a Technical assistance and royalty agreement was entered into between these two entities on 1-7-2001 … the assessee's audit report was “Contribution towards Global Cricket Sponsorship”. The TPO observed that the assessee had received contribution from its Associated Enterprise (hereinafter called the `AE') for the expenditure incurred on sponsorship of Global Cricket events. … maintenance strategies between a MNE and its subsidiaries under the Transfer Pricing Regulations. The ld. DR referred to page 74 of the paper book, being … top three EIT firms in the world by 2010”. From this material, it was shown that the … of proceedings before him, the provisions of this Chapter shall apply as if such international transaction is … to as the ld. counsel for the interveners). 6. Though both the questions referred to this special … that the total AMP expenses so incurred helped in increasing its sales activity and hence no part of the same could be considered as unrelated

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Mar 16 2015

Sony Ericsson Mobile Communications India Pvt. Ltd Vs. Commissioner of ...

Court : Delhi

Decided on : Mar-16-2015

Subject : MRTP

facie cannot be accepted. It is but natural that the AMP expenses of such cases will also include contribution towards brand building of their respective foreign AEs. In such a situation the comparison would become meaningless as … independent international transaction undertaken by the resident Indian assessee towards brand building for the brand owner, i.e. the foreign Associated Enterprise (‗AE‘, for short). Other core issues pertain to aspects of arm‘s length pricing of international transactions.2. … He referred to Australian Tax Code as well as the U.S. IRS Regulations. He held that in the OECD Guidelines and as per international tax … made to paragraph 3.74 and 2.130 of the 2010 OECD Transfer Pricing Guidelines, to observe that this … of the Income Tax Act, 1961.3. Whether under Chapter X of the Income Tax Act, 1961, a … having regard to retrospective amendment to Section 92CA of the Income Tax Act, 1961 by Finance Act, 2012.2. Whether AMP Expenses incurred by the assessee … Mr. Harkunal Singh, Advocates. ITA Nos. 498/2014 & 618/2014 Commissioner of Income Tax -I …Appellant Through Mr.

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