Court : Delhi
..... basis of the notification under section 4. reliance was placed on k.b. ramachandra raje v. state of karnataka, (2016) 3 scc422(paras 35 and 38); special agricultural produce market committee for fruits and vegetables v. n. krishnappa, (2017) 13 scc239(paras 2, 7 and 8); competent authority v. bangalore jute factory, (2005) ..... non-application of mind, non-consideration of relevant factors and wrongful consideration of irrelevant factors. he submitted that the respondent no.4 has treated the land as agricultural land opining that the same had about 700 trees. he contended that the initial 80% estimated compensation was assessed at about 247 crores, which was subsequently ..... statutory dispensation [see commissioner of income tax v. chhabil dass agrawal, (2014) 1 scc603. none of the exceptions to the rule have been urged before us. in our opinion, no ground has been urged before us which cannot be urged before the reference court under section 18 of the 1894 act. thus, any grievance against the .....
Tag this Judgment!Court : Delhi
..... and succeeds therein. therefore, the revenue also has to be protected. consequently, we are inclined to adopt the approach indicated in national agricultural co-operative marketing federation of india ltd. v. assistant commissioner of income tax - circle 32(1), w.p.(c) 5895/2010 decided on 07.08.2014 wherein we passed the following order:-" in these circumstances ..... that as of now, the very basis of initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under section 148 of the income tax act, 1961 does not survive. therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need arises. we make ..... 2019 page 4 of 5 revive the re-assessment proceedings, in case the order which forms the basis of issuance of the notice under section 148 of the income tax act being eventually upheld, while making it clear that the assessee could not be entitled to raise a plea of limitation.9. learned counsel for the respondent has .....
Tag this Judgment!Court : Delhi
..... petitioner.9. dr. abhishek manu singhvi, learned sr. advocate appearing on behalf of the petitioner submitted, the offences under section 276c(1), 277 of the income tax act and section 193, 199 r.w.s. 120b ipc that have been alleged against the... petitioner do not constitute a predicate offence as per the schedule given ..... been deposited/ transferred in the bank and the amount of transactions is varying every year disproportionately. some part of the tainted cash was claimed as agricultural income and was directly invested in immovable properties without routing through bank accounts where other part of the tainted cash deposited/ transferred in bank accounts of distant ..... of investment in properties. however, in the instant bail application, the petitioner has mentioned about a certificate from the tehsildar to justify his father's agricultural income. it prima facie appears to have been created as an after thought as there is neither any date of issuance of the certificate nor tehsildar has .....
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..... in purchase of the property no.d- 408, main gamri road, ghonda, delhi, besides earnings of grocery store, some ancestral funds of agricultural land of village thore bankapur, district gautambudh nagar, uttar pradesh were also utilized; (xvi) the mother of the plaintiff died intestate on 21st ..... of shop and establishment and / or in whose name the sale was assessed for the purpose of sales tax / value added tax (vat).16. no answers are forthcoming and there is no plea in the plaint.17. the plaintiff has also ..... and / or the properties having been thrown into the hotch potch of coparcenary or joint hindu family. merely because the income of the grocery store, even if the plaintiff had any share therein, has been utilized to purchase the remaining four properties ..... from the counsel for the plaintiff, whether not such a claim is barred by the prohibition of benami property transactions act, 1988.10. it has further been enquired from the counsel for the plaintiff that even if the remaining four .....
Tag this Judgment!Court : Delhi
..... the right but a duty to deny relief to such person.21. in one of the earliest decisions on the subject i.e., - r. v. kensington income tax commissioner (1917) 1 kb486 viscount reading, chief justice of the divisional court observed:" where an ex parte application has been made to this court for a rule ..... (dead) by lrs. and anr. v.government of karnataka and anr.:, s.p. chengalvaraya naidu (dead) by l.rs. v. jagannath (dead) by lrs. and ors., agricultural and processed food products v. oswal agro furane and ors., union of india and ors. v. muneesh suneja, prestige lights ltd. v. state bank of india, sunil poddar and ..... education and to regulate their observance. it has implicit power to supervise the qualifications or eligibility standards for admission into medical institutions. there is, under the act an overall vigilance by the medical council to prevent sub- standard entrance qualifications for medical courses. these observations would apply equally to postgraduate medical courses. we .....
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..... min) vide mutation no.2115 sale deed dated 20-12-2005 are the mortgage to j&k bank. in 5. the land is agricultural i.e. abi awal nambal.6. conversion of land has not taken place before leased of deed.7. without change of title, ..... sum of rs. 2,26,87,639.31 as foreign remittance in his different nre accounts from 2011 to 2013, under other income head in his proprietorship firm under the name and style of 'trison internnational', srinagar.11. after procuring the following documents, ..... the supplementary chargesheet filed under section 120b of the indian penal code and sections 17 and 21 of the unlawful activities (prevention) act, 1967; that vide impugned order, the learned trial court erroneously and wrongly took cognizance against the appellant holding that there are ..... 28.12.2017 to notice under section 43 f of ua (p) act, 1967 dated 27.12.2017 by naval kishore kapoor. letter no.cit(a)-35/2017-dated 06.12.2017 from sunita singh, cit (a)-35, new delhi & special director of appeals (fema). dated .....
Tag this Judgment!Court : Delhi
..... commissioner of income tax: air1955sc74 the constitution bench of the supreme court had held that the nature of income in the hands of a company was not the nature of income in the hands of its shareholders. it held that dividends in the hands of the shareholders of a company declared from agricultural incomereceived by ..... payable on account of transfer of any property pursuant to the rehabilitation scheme approved by bifr under the provisions of the sick industrial companies (special provisions) act, 1985. consequently, indian shaving products limited, as the petitioner was then known, filed a writ petition being c.w.p. 3489/1995, impugning ..... industrial and financial reconstruction (bifr) declared sharpedgeas a sick company within the meaning of section 3(o) of the sick industrial companies (special provisions) act, 1985.7. during the course of the proceedings before the bifr, the operating agency prepared a scheme for rehabilitation of sharpedge,which entailed its amalgamation withispl .....
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..... is entitled to grant relief having regard to facts and circumstances of each case. 18. the hon ble supreme court in krishan singh vs. executive engineer, haryana state agricultural marketing boards, rohtak (haryana); manu/sc/0166/20 (2010) 3 scc637held that the polc-xvii, kkd, delhi having held the termination of the services of the ..... be measured in terms of money. with the passing of an order which has the effect of severing the employer employee relationship, the latter's source of income gets dried up. not only the concerned employee, but his entire family suffers grave adversities. they are deprived of the source of sustenance. the children are ..... prove that the employee was during gainfully employed and was getting same emoluments. denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the concerned employee and rewarding the employer by relieving him of the obligation including emoluments. to pay back wages .....
Tag this Judgment!Court : Delhi
..... principle in the following manner: (scc pp. 478- 79, paras 33-37) 33. cbdt has the requisite jurisdiction to interpret the provisions of the income tax act. the interpretation of cbdt being in the realm of executive construction, should ordinarily be held to be binding, save and except where it violates any provisions ..... m. khan [(1981) 4 scc82 , som prakash rekhiv. union of india [(1981) 1 scc449:1981. scc (l&s) 200]. , ravula subba rao v. cit [air1956sc604:1956. scr577 , govindlal v. agricultural produce market committee [(1975) 2 scc482: air1976sc263: (1976) 1 scr451 and babaji kondaji v. nasik merchants coop. bank ltd. [(1984) 2 scc50 46. mr. ..... which were created for fortifying the strong federal structure of the country besides being a powerful unifying influence in binding the constituent states and also to counter act regional/ parochial tendencies. all india services helps the states which are not able to provide manpower of the requisite strength and calibre for various government .....
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..... principle in the following manner: (scc pp. 478- 79, paras 33-37) 33. cbdt has the requisite jurisdiction to interpret the provisions of the income tax act. the interpretation of cbdt being in the realm of executive construction, should ordinarily be held to be binding, save and except where it violates any provisions ..... m. khan [(1981) 4 scc82 , som prakash rekhiv. union of india [(1981) 1 scc449:1981. scc (l&s) 200]. , ravula subba rao v. cit [air1956sc604:1956. scr577 , govindlal v. agricultural produce market committee [(1975) 2 scc482: air1976sc263: (1976) 1 scr451 and babaji kondaji v. nasik merchants coop. bank ltd. [(1984) 2 scc50 46. mr. ..... which were created for fortifying the strong federal structure of the country besides being a powerful unifying influence in binding the constituent states and also to counter act regional/ parochial tendencies. all india services helps the states which are not able to provide manpower of the requisite strength and calibre for various government .....
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