Court : Supreme Court of India
..... obscure or ambiguous or readily capable of more than one interpretation. while construing sub-section 2(b) of section 80-hhc of the act, as it stood prior to its amendment and thereafter, this court in gem granites v. commissioner of income tax, t.n.10 held as follows: 13. the introduction of the phrase other than in clause (b) of ..... nos. 1311-1312 of 2016, civil appeal no.1314 of 2016 and civil appeal no.1310 of 2016 23. assessment orders were passed for the assessment years 2004-05 to 2007-08 in respect of alcatel lucent usa, inc. and for the assessment years 2004-05 to 2008-09 in respect of alcatel lucent world services inc. the assessees were inter ..... the cit, restricted to the imposition of interest under section 234b of the act.4. the appeals were dismissed by the cit as not being maintainable. the appeals filed by the respondent- assessee against the order of the cit were disposed of by the itat on 16.11.2007 by remanding the appeals for the assessment years 1998-99 to 2004-05 .....
Tag this Judgment!Court : Karnataka
..... concession agreements with the respective ppp partners of bengaluru and hyderabad airports and received concession fee @ 4% of their annual gross revenue. the aai act was further amended in 2003 and section 12a was inserted therein which empowers aai with the approval of the government to lease out the premises of an airport to ..... the cost of their engagement also very high. this resulted in many indian players, having experience in other sectors, showing disinterest for such transaction leaving the competition limited only to indian airport operators. therefore, the requirement of operations and management experience was not made mandatory in the present request for proposal. even in ..... state of m.p. v. narmada bachao andolan (2011) 7 scc639iii) k.d.sharma v. sail (2008) 12 scc481iv) arunima baruah v. union of india (2007) 6 scc120in light of the aforesaid judgments, the petition deserves to be dismissed. 4627. the kerala high court has dealt in detail the issue of leasing out of the .....
Tag this Judgment!Court : Supreme Court of India
..... these are not charges on the business but on the consumer. though the erstwhile tax legislation, prior to the enforcement of the constitution (one hundred and first amendment) act 2016, was based on the principle of value addition and consumption tax, there was no seamless flow of credit between central and state levies. this anomaly was ..... the amount of the excess is insignificant (emphasis supplied) 27 alan schenk and oliver oldman, value added tax: a comparative approach (cambridge tax law series, 2007) 90 part f60the jurisprudential basis furnishes a depiction of an ideal state of existence of gst legislation within the purview of a modern economy, as a destination-based ..... the electronic ledger, the remaining quantum of unutilised itc becomes one homogenous nucleus and it is impossible to attribute the unutilised itc to its source, 51 (2007) 11 scc126126 part g that is, it cannot be identified whether the balance unutilised itc is arising from input goods or input services. in order to .....
Tag this Judgment!Court : Supreme Court of India
..... subject-matter of the award or if the award is in conflict with public policy of india, the award is liable to be set aside. explanation (1), amended by the 2015 amendment act, clarified the expression public policy of india and its connotations for the purposes of reviewing arbitral awards. it has been made clear that an award would be in ..... is now done away with.37. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2-a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the ..... , (2015) 3 scc49: (2015) 2 scc (civ) 204]. . explanation 2 to section 34(2)(b)(ii) and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco [ongc v. western geco international ltd., 25 | pa ge (2014) 9 scc263: (2014) 5 scc (civ) 12]. ,as understood in associate builders [associate builders .....
Tag this Judgment!Court : Karnataka
..... ) of section 153, & (ii) giving effect to appellate orders other than those covered by fresh assessment orders in terms of sub-section (5) of section 153; the 2016 act amended section 244a by introducing sub-section (1a) 7 providing for the grant of additional interest in cases falling u/s 153(5). (b) the orders of the kind made u ..... with the subjects and it must avoid any harassment to the assessee public, without causing any loss to the exchequer (see nokia corporation v. director of income-tax [2007]. 292 itr22(delhi hc); the state as constitutionally ordained, needs to conduct itself as a virtuous litigant and should meet honest claims; this view finds resonance in the ..... with an inbuilt idea of fairness to tax payers; this view finds expression in the decision of the apex court in acit vs. rajesh jhaveri stock brokers p. ltd. (2007) 291 itr500(sc). (iii) walton j.had observed in vestey v. inland revenue commissioners [1979]. ch 177 (197 198) i conceive it to be in the national interest .....
Tag this Judgment!Court : Karnataka
..... was recognized in the constitution of india as fundamental right under article 31 of the constitution of india, which was subsequently deleted by constitution of forty fourth amendment act. however, right to property is a constitutional right under article 300-a of the 57 constitution of india and has also been recognized as human right and ..... ) 3 scc139 'short notes item273, 1974(1) kkar l.j.112, 55 'hmt ltd. represented by its dy.general manager (hrm) and another vs. mudappa and others', (2007) 9 scc768 's.s.darshan vs. state of karnataka and others', (1996) 7 scc302 'special land acquisition officer , kiadb, mysore and anothr vs. anasuya bai (dead) by ..... on the decisions in 'association of natural gas vs. state of gujarat' (2004) 4 scc489 'chairman, indore vikas pradhikaran vs. pure industrial coke and chemicals ltd. & ors.' (2007) 8 scc705 'devinder singh vs. state of punjab' (2008) 1 scc728 'john vallamattom vs. union of india' (2003) 6 scc611 'kapila hingo rani vs. state of bihar' .....
Tag this Judgment!Court : Supreme Court of India
..... entitled to claim the benefit of reservation in the matter of appointments in the state of bihar. the proviso added to section 4 by amendment act 2003 to act 1991 is quoted hereunder:- provided further that the candidates residing out of the state of bihar shall not claim for benefits of reservation under this ..... benefit of reservation including the privileges and benefits admissible to the members of scheduled caste category in the state of jharkhand for all practical purposes including participation in open competition seeking public employment. 4458. so far as the case of other appellants in civil appeals @ slp (civil) nos. 3610-3615 of 2021 is concerned, there ..... accordingly, the appellant pankaj kumar in civil appeal @ slp(civil) no.13473 of 2020 shall be appointed pursuant to his selection in reference to advertisement no.11 of 2007 and he is entitled for his seniority as per his placement in the order of merit with notional fixation of pay & allowances and in civil appeals @ slp(civil .....
Tag this Judgment!Court : Supreme Court of India
..... .g. pgnatale [(1980) 124 itr391(guj)]. by the high court of gujarat, in our view, correctly, to mean as income arising or accruing in india . the amendment to the section by way of an explanation in 1983 effected a change in the scope of that judicial definition so as to include with effect from 1979, income payable ..... respondent judgment r.f. nariman, j1 leave granted.2. the question raised in these appeals is with particular reference to section 43b explanation 3c of the income tax act, 1961 [the act ].. the brief facts necessary to appreciate the controversy raised in these appeals are as follows.3. on 28th november, 1996, the appellant filed a return of ..... 3c, it cannot be read into it.15. shri balbir singh, learned additional solicitor general, argued that section 43b makes a departure from other sections in the act, as indicated by its non-obstante clause. the section was introduced so that no deductions could be claimed based on a mercantile system of accounting as actual payment .....
Tag this Judgment!Court : Supreme Court of India
..... the second proviso, such resolution process shall be completed within a period of ninety days from the date of commencement of the insolvency and bankruptcy code (amendment) act, 2019. 12-a. withdrawal of application admitted under section 7, 9 or 10. the adjudicating authority may allow the withdrawal of application admitted under ..... 2. for the purposes of this clause, it is hereby declared that on and from the date of commencement of the insolvency and bankruptcy code (amendment) act, 2019, the provisions of this clause shall also apply to the corporate insolvency resolution process of a corporate debtor (i) where a resolution plan has ..... where the resolution plan contains a provision for combination, as referred to in section 5 of the competition act, 2002 (12 of 2003), the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of such resolution plan by the committee of creditors.].33. initiation of liquidation .....
Tag this Judgment!Court : Supreme Court of India
..... j.) was a party, has considered various judgments of this court including the judgment in associate builders (supra) and the effect of the arbitration and conciliation (amendment) act, 2015 in the case of ssangyong engineering and construction company limited v. national highways authority of india (nhai)25, to which we will refer shortly.39. ..... us examine what do these guidelines provide. the tamp must adhere to established costing systems and pricing principals, its overall objective shall be to move towards competitive pricing. 56 there are various approaches to tariff fixation. until more information/knowledge becomes available. attempts may be made to smoothen the system within the ..... interference therein was not warranted.29. shri gopal jain, learned senior counsel submitted that economic viability for long term contracts has to be provided. 13 2007 (94) drj76214 2008 (106) drj82022 he submitted that article 14 was provided as an in built safeguard for the said purpose. relying on the .....
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