Avoidance - Year 2012 - Judgments

Oct 24 2012 (FN)

Eurofinance Sa and Others Vs. RubIn and Others

Court: UK Supreme Court

Decided on: Oct-24-2012

..... claims to recover money due to the insolvent estate such as restitutionary claims not involving avoidance avoidance claims may establish a liability to pay or repay money to the bankrupt estate ..... under the transactions or the reversal of their effect systems of insolvency law use avoidance proceedings as mechanisms for adjusting prior transactions by the debtor and for recovering property .....

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Feb 29 2012 (HC)

Oriental Insurance Co. Ltd. and Others Vs. Rakesh Kumar and Others.

Court: Delhi

Decided on: Feb-29-2012

..... breach of the conditions of the policy would not entitle the insurance company to either avoid liability to pay or have recovery rights against the assured unless the insurance company additionally ..... the willful breach of the condition of the policy the insurance company was entitled to avoid indemnification of the insured but for its statutory liability the claims tribunal therefore rightly granted .....

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Jul 25 2012 (FN)

Secretary of State for the Home Department and Another Vs. Rt (Zimbabw ...

Court: UK Supreme Court

Decided on: Jul-25-2012

..... see also paras 52 65 67 and 78 fourthly the necessary modification in order to avoid persecution carrying on any homosexual relationships discreetly ran contrary to this underlying rationale it involved ..... claimants are forced to lie about their political neutrality or indifference solely in order to avoid persecution the concealment of their lack of political beliefs would not defeat their claims to .....

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Jan 04 2012 (HC)

Director of Income Tax Vs. Rio Tinto Technical Services

Court: Delhi

Decided on: Jan-04-2012

..... and testing v in view of composite activities article 12 of dtaa is not applicable 6 in order to appreciate the controversy ..... the republic of india and the government of australia for the avoidance of double taxation and the prevention of fiscal evasion with ..... a notification for implementation of the terms of a double taxation avoidance agreement when that happens the provisions of such an agreement .....

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Jul 12 2012 (HC)

Avm Capital Services Private Limited and Others

Court: Mumbai

Decided on: Jul-12-2012

..... number of observations regarding the need to depart from the 8220 westminster 8221 and tax avoidance 8211 these are clearly only in the context of artificial and colourable devices reading mcdowell ..... in the manner indicated hereinabove in cases of treaty shopping and or tax avoidance there is no conflict between mcdowell and azadi bachao or between mcdowell and mathuram agrawal .....

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Apr 13 2012 (HC)

State of Kerala, Represented by the Public Prosecutor, High Court of K ...

Court: Kerala

Decided on: Apr-13-2012

..... that flow from swami sradhanandha 2 so that sessions courts in the state will carefully avoid imposing death sentences without adequate care as insisted by the various precedents including swami sradhanandha ..... 2 lays down still another alternative option of imprisonment for life beyond any remission to avoid the imposition of death penalty by specific words the honourable supreme court in swami .....

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Sep 07 2012 (HC)

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-07-2012

..... concurring judgment justice chinnappa reddy deprecated the westminster s attempt to rationalize and legitimatize tax avoidance his lordship noted how ready the minds are to adapt themselves and discover excuses ..... mcdowell in the manner indicated hereinabove in cases of treaty shopping and or tax avoidance there is no conflict between mcdowell and azadi bachao or between mcdowell and mathuram .....

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Jan 04 2012 (HC)

The Commissioner of Income Tax and Another Vs. M/S Infosys Technologie ...

Court: Karnataka

Decided on: Jan-04-2012

..... should rework the credit in respect of canadian and thailand tax claimed under double taxation avoidance agreement dtaa without specifying the error in the original order sought to be revised and how ..... assessing authority had consciously allowed the deductions as claimed under the relevant articles of the avoidance agreements with the two countries it was definitely not open to the commissioner in .....

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Aug 06 2012 (HC)

Jai Laxmi Constructions Through Its Managing Partner Jayram S/O. Naray ...

Court: Mumbai

Decided on: Aug-06-2012

..... as per the said change the chairman further observed that to avoid any financial loss to the corporation the existing contractor be ..... published and bids are received pursuant thereof the state government can avoid award of contract to h1 bidder though he is otherwise ..... any justification and in view of the pendency of proposal can avoid awarding of contract to h1 bidder on this count similarly .....

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Jul 09 2012 (HC)

The Director of Income Tax (international Taxation) Mumbai Vs. M/S. Cr ...

Court: Mumbai

Decided on: Jul-09-2012

..... the republic of india and the republic of cyprus for the avoidance of double taxation and the prevention of fiscal evasion with respect ..... is necessary first however to determine what constitutes interest under the dtaa 25 clause 4 of article 11 defines interest the principal or ..... to the benefit of the exemption under article 14 of the dtaa 35 in the circumstances the questions are answered in favour of .....

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