Court : Supreme Court of India
..... a particular source. on that reasoning this court held that even though the securities were part of the trading assets of the company doing business, the income therefrom had to be assessed under section 8 of the act. this decision does not say that the income from securities is not income from the business. nor does the decision of ..... in the case of a banking civil appeal no.3291 3294 of 2009, etc. page 3 of 45 company. section 21 provided that the interest payable outside india was not admissible for deduction. sections 18 to 21 were repealed by the finance act, 1988, effective from 1st april 1989. we are dealing with cases involving the period post the deletion ..... this court in east india housing and land development trust ltd. v. cit [(1961) 42 itr49 support the contention of the revenue. there, a company, which was incorporated .....
Tag this Judgment!Court : Supreme Court of India
..... the executive director. a perusal of the memorandum placed before the respondent for sanction showed that as many as 14 public sector banks were lending to the company apart from an international private sector bank. the respondent's role was confined to signing the memorandum prepared by the senior officers and participating in the management committee ..... abused his official position as a public servant and indulged himself in mischief or criminal misconduct, as provided in section 13(1)(d) of the pc act. she submitted that criminal appeal no.2891 of 2023 page 4 of 11 at the stage of framing of the charge, the high court ..... alleged efficiency, the due process required to be followed for sanctioning credit facilities could not have been sacrificed. she submitted that no application was made by the company for a grant of epc facility. it is submitted that though there may not be any allegation of receipt of pecuniary benefits against the respondent, he .....
Tag this Judgment!Court : Supreme Court of India
..... the corporation. however, at this very stage, we are also equally unhesitant to hold that the resolution to charge enhanced royalty in exercise of purported power under section 4318 of the act was misplaced as royalty is not tax. it has been authoritatively clarified by this court that royalty and tax are not one and same. as such, ..... before us to indicate that such rate was exorbitant or disproportionate, requiring judicial interdiction. there is no dispute that in the meeting held on 29.08.2005, the advertising companies did not object to payment of royalty, as sought by the corporation. hence, a challenge could, later be mounted on limited grounds to the quantum/rate of royalty ..... /-(rupees twenty one lakhs ninety eight thousand) as royalty/fee/tax in light of the single bench judgment, to which the respondent no.1 replied on 28.01.2013 contending that the same was calculated wrongly and, thus, a corrected demand notice ought to be sent. as the corporation did not 7 respond to this, the .....
Tag this Judgment!Court : Supreme Court of India
..... documents along with notarised poa were submitted before the last date fixed for submission. 1719. it would be apposite to note that as per section 2 of the power of attorney act, 1882, the donee of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with ..... partnership); 3. memorandum and articles of association with certificate of incorporation containing name of bidder or any similar charter/ constitutional documents (applicable where the bidder is a company); 4. appropriate documents as applicable for any other bidder not mentioned above.5. annex i (appendix i of rfb) duly filled in and uploaded 6. in ..... respondent bharat coking coal limited (bccl) was justified in rejecting the technical bid of the appellant, while accepting the technical bid of the respondent no.8 - company, and declaring it to be successful bidder, though the respondent no.8 had not complied with the mandatory requirement of submitting the important documents relating to the .....
Tag this Judgment!Court : Supreme Court of India
..... arguments that was made before this court was that there would be other companies wherein similar allegations of mis-management and neglect would be available. it was sought to be argued that the provisions of the companies act were sufficient to deal with the said situation. however, the passing of ..... a precursor of the act, expressly stated why the legislation was necessary. it said that owing to mismanagement and neglect, a situation had arisen in the affairs of the company which prejudicially affected the production of an essential commodity and caused serious unemployment amongst a certain section of the community. mr ..... section of the community. on account of such an emergency, a situation had arisen which rendered it necessary to make a special provision for the proper management and administration of the sholapur mill. the aforesaid ordinance was subsequently re-enacted in the form of an act of the legislature called the sholapur spinning and weaving company (emergency provisions) act .....
Tag this Judgment!Court : Supreme Court of India
..... no.2948 of 2023 etc. page 46 of 91 intended to be used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013); (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way ..... of gift or free samples; and (i) any tax paid in accordance with the provisions of section 74 in respect of any period up to financial year 2023-24. ..... the constitution of india. it is, therefore, necessary to consider the categories of services concerning land and buildings, which are within the purview of the cgst act. section 2(102) defines service as meaning anything other than goods, money and securities but includes activities relating to the use of money or its conversion by cash .....
Tag this Judgment!Court : Supreme Court of India
..... gillin, taming the criminal: adventures in penology, macmillan company (1931), p. 110 165 section 1(2), criminal tribes act, 1911. 166 section 3, criminal tribes act, 1911. 167 section 11, criminal tribes act, 1911. 168 section 5(c), section 9, criminal tribes act, 1911. 169 section 10 (b), criminal tribes act, 1911. 170 section 5, criminal tribes act, 1911. 65 part xi reporting.171 similarly, the act reiterated the duty of every village-headman and ..... atrocities against socially and economically vulnerable communities. 138 in dr. balram singh v. union of india,226 while dealing with the prohibition of employment as manual scavengers and their rehabilitation act, 2013, the court directed the union government to take appropriate measures and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure .....
Tag this Judgment!Court : Supreme Court of India
..... . the notices can be categorized into the following four categories: page 53 of 112 part c i. first category: for assessment years 2013-2014 and 2014-2015, the six-year time limit in terms of section 149 expired on 31 march 2020 and 31 march 2021 respectively. however, the reassessment notices were issued after 1 april 2021 and would be ..... within 3 expiry of within six expiry of year years limitation years limitation read with read with (1) (2) tola for (2) (4) tola for (4) (3) (5) 2013-2014 31.03.2017 tola not 31.03.2020 30.06.2021 applicable 2014-2015 31.03.2018 tola not 31.03.2021 30.06.2021 applicable 2015-2016 31 ..... of the income tax act. accordingly, all the reassessment notices issued under the old regime were deemed to always have been show cause notices issued under section 148a(b) of the new regime. the fiction replaced section 148 notices with section 148a(b) notices 157 state of maharashtra v. laljit rajshi shah, (2000) 2 scc699[6].. 158 bengal immunity company ltd v. state .....
Tag this Judgment!Court : Supreme Court of India
..... already filed suits for recovery of the dues of the banks on account of credit facility and the said suits had been compromised on receiving the payments from the companies concerned. the court found that even if an offence of cheating is prima facie constituted, such offence is a compoundable offence and compromise decrees 11 passed in ..... filed suits for recovery of the dues of the banks on account of credit facility and the said suits have been compromised on receiving the payments from the companies concerned. even if an offence of cheating is prima facie constituted, such offence is a compoundable offence and compromise 10 decrees passed in the suits instituted by the ..... 409, 467, 468 and 471 of indian penal code 1860 ( ipc for short) and section 13(1)(d) and 13(2) of the prevention of corruption act 1988 ( pc act for short) have been 3 committed. the cbi filed charge-sheet dated 27th december 2013 in the trial court and prayed that the trial court take cognizance of the said offences .....
Tag this Judgment!Court : Supreme Court of India
..... three-judge bench in konkan railway corporation limited v. chenab bridge project undertaking7 referring to mmtc limited (supra) held that the scope of jurisdiction under section 34 and section 37 of the act is not like a normal appellate jurisdiction and the 6 (2019) 4 scc1637 (2023) 9 scc859 courts should not interfere with the arbitral award lightly ..... v. samir narain bhojwani8, a division bench of this court followed and reiterated the principle laid down in the case of mmtc limited (supra) and uhl power company limited v. state of himachal pradesh9. it quoted and highlighted paragraph 16 of the latter judgment which extensively relies upon mmtc limited (supra). it reads as under: ..... has preferred the present appeal for setting aside the impugned judgment and order dated 10.01.2017 passed by the high court in an appeal under section 37 of the act.7. learned counsel for the parties were heard at length. point of determination:8. the short question on the submission of the parties, which .....
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