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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. … but signed for different dates. The said W.P.(Crl.) 3595/2017 & Ors. Page 9 of 59 As per thus concocted. agreements are the documents provided by

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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 … No.3015/2013 filed under Order XIV Rule 8 of OS Rules r/w Section 92 of CPC praying leave of this Court to filed the suit against

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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 … benefit of the society for two consecutive years or has become defunct. 9 (2) No order of cancellation of certificate under this section shall be

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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 … Act, 2020 7 (2019) 1 SCC1(paras 490 and494) 8 for short, “NDMB” 9 for short, “SBI” 8 are ultra vires Articles 14, 19 & 21

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Jul 31 2013

Yoshio Kubo Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Jul-31-2013

Subject : Direct Taxation

577/2010; 528/2011 and 370/2011 .27. The revenue is in appeal on this score. In all the cases, the foreign employer had made contributions in compliance with legal requirements in the country of its incorporation, towards social security … to the social security funds- admittedly in accordance with the laws and regulations governing the country of its ITA 441/2003 and connected cases Page 29 … (v). The revenues appeals on this aspect have to fail. Point No.2. Social security, pension and medical insurance contributions 26. This issue arises for consideration in ITA Nos. 441/2003; 761/2005; 798/2005; 800/2005; 379/2007; 1215/2008; 450/2010; 680/2007; 681/2007; … pertain to the applicability of Section 10 (10CC) of the Income Tax Act; others are whether mandatory social security and medical insurance or benefits paid … years. 64.6 Necessary changes in various provisions of Chapter-XVII relating to collection and recovery of taxes have … Madras High Court in CIT v. Mackintosh [1975] 99 ITR 419.In both the cases, the very same

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Aug 18 2020

Centre for Public Interest Litigation Vs. Union of India

Court : Supreme Court of India

Decided on : Aug-18-2020

Subject : Land Acquisition

2013 • PM CARES Fund has also got exemption under the FCRA and a separate account for receiving foreign donations has been opened. This enables PM CARES Fund to 61 accept donations and contributions from individuals and … HOME AFFAIRS NOTIFICATION New Delhi, the 27th September, 2010 s.O.2346(E).- In exercise of the powers conferred by … made by the learned counsel for the parties. Chapter IX of the Disaster Management Act, 2005 deals … not prepared till the year 2016 as was 9 noticed by this Court in a judgment of … Disaster Response Fund (NDRF) for the purposes of providing assistance in the fight against COVID-19 and all the contributions/grants from individuals/institutions be credited in NDRF and not to PM CARES Fund and all funds collected in PM … MHFW* (NCDC), MAFW, MHA, MOD, MOES, MOEFCC, MOR, MLBE, MEITY, NDMA Recurring/ Regular(RR)  Support training  Extend technical support for Medium Term(T2)  Establishment … which concluded the review of the Yokohama Strategy and its Plan of Action and the adoption of the Hyogo Framework for Action 2005-2015: Building the

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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, … Ranjit Sinha and who had met him approximately 90 times at his residence. These meetings also took

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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 … 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 … proceedings. 7.2. The ld. counsel submitted that section 92CA of the Income-tax Act, 1961 (hereinafter also called

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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 … India Ltd. Discovery Communications India 2006-07 2008-09 521/2013 92/2014 Canon India Pvt. Ltd Daikin Air Conditioning (India)

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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 … funds from a relative but without prior permission of the Central Government. 9. The learned senior counsel further submitted that CBI filed the chargesheet on

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