Court : Orissa
..... records, no such procedure appears to have been followed and the grant of lease of hundreds of acres of government land in favour of the beneficiary company has been made without following the procedure contemplated in the business transaction rules framed by his excellency the governor in exercise of power under article 166 (3) of the constitution. ..... it forewarns the owners and other interested persons not to change the character of the land and, at the same time, make them aware that if they enter into any transaction with respect to the land proposed to be acquired, they will do so at their own peril. ..... with reference to the existing record of rights and map to ascertain whether the land applied for is free from encroachment of encumbrance or not, whether lease can be granted has to be examined and whether the applicant is eligible to get the land for the purpose for which he has applied. ..... observed that fraud vitiates all transactions known to the law of however high a degree of ..... can the ingredients, which establish fraud in commercial transaction, be of assistance in determining fraud in administrative law ..... relation to statute must be a colourable transaction to evade the provisions of a statute. ..... from private' to public' company, the said laxmi narayan agarwal has been shown as one of the directors of anil agarwal foundation which demonstrates the mala fide intention of the company to obtain conversion so as to have eligibility for acquisition of land under the provisions of l.a. .....
Tag this Judgment!Court : Orissa
..... records, no such procedure appears to have been followed and the grant of lease of hundreds of acres of government land in favour of the beneficiary company has been made without following the procedure contemplated in the business transaction rules framed by his excellency the governor in exercise of power under article 166 (3) of the constitution. ..... it forewarns the owners and other interested persons not to change the character of the land and, at the same time, make them aware that if they enter into any transaction with respect to the land proposed to be acquired, they will do so at their own peril. ..... with reference to the existing record of rights and map to ascertain whether the land applied for is free from encroachment of encumbrance or not, whether lease can be granted has to be examined and whether the applicant is eligible to get the land for the purpose for which he has applied. ..... observed that fraud vitiates all transactions known to the law of however high a degree of ..... can the ingredients, which establish fraud in commercial transaction, be of assistance in determining fraud in administrative law ..... relation to statute must be a colorable transaction to evade the provisions of a statute. ..... from private' to public' company, the said laxmi narayan agarwal has been shown as one of the directors of anil agarwal foundation which demonstrates the mala fide intention of the company to obtain conversion so as to have eligibility for acquisition of land under the provisions of l.a. .....
Tag this Judgment!Court : Orissa
..... sri pujari also wrote another letter under annexure-8 to pravat mohapatra suspending him from the post of secretary of the petitioner-society on some allegations and restraining him from making any transaction and to hand over all the charges to sri pitabasa mishra. ..... petitioner nos.3 to 9 dont have the eligibility conditions, as prescribed under clause 3(ii)(b) of the amended bye-laws, to become the members of the society. .....
Tag this Judgment!Court : Orissa
..... the same, we are not prima facie satisfied that the revenue has recorded any valid reason to come to a conclusion before issuance of prohibitory order dated 11.11.2010 and fresh authorization dated 07.01.2011 that any transaction in the bank account has not been passed through regular books of account and undisclosed income of the petitioner (wholly or partly) has been parked in the said current account. ..... in the counter affidavit a stand was taken that the petitioner company is suppressing taxable profit by way of: (a) under-invoicing of sale transactions by receiving a part of sales in cash, (b) transferring its profit to its foreign group concern namely visa comtrade ag (vcag) by inflating purchase price; (c) transferring its profit to its foreign group concern namely visa bulk shipping ..... to say that in fiscal statutes emphasis is given to transact every transaction through the bank account. ..... all imports are through notified ports of customs and the bills of entry are assessed by customs authorities and customs duty is determined on the transaction value which has to be identical on all imports. ..... allegation of under invoicing of sale transactions is not supported even by single ..... all bona fide assessees are required to do their business transactions through the bank account. ..... is an alternative efficacious statutory remedy available for the petitioner and the money is liable to be released in its favour, if the petitioner is found eligible under procedure statutorily prescribed. .....
Tag this Judgment!Court : Orissa
..... on 31.3.2007 along with non-refundable processing charge of rs.10,000/- and initial deposit of rs.3,16,850/- but the same was not accepted by the corporation though the petitioner was even made to wait till closure of the transaction hours on the plea of pressure of work on the last date of the financial year. ..... according to the petitioner, though he was eligible to be considered under the ots scheme, 2007, his case was not taken into consideration under the said scheme. .....
Tag this Judgment!Court : Orissa
..... is, thus, clear that ordinarily all contracts by the government or by an instrumentality of the state should be granted only by public auction or by inviting tenders, after advertising the same in well known newspapers having wide circulation, so that all eligible persons will have an opportunity to bid in the bid, and there is total transparency. ..... raising the preliminary objection of maintainability of the writ petition, mr.r.k.mohapatra, learned government advocate submitted that the writ court should not entertain the present writ petition as the transaction between the parties is purely a commercial one. .....
Tag this Judgment!Court : Orissa
..... until such a direct and proximate nexus between the transaction sought to be taxed and the person who is required to pay the tax is clearly established, the levy canno.be held to be constitutionally valid. ..... aspect theory means on the basis of different aspects of particular transaction the same can fall within the legislative competence of two legislature and both would have the power to tax a transaction on its different aspect. ..... thus, the same transaction may involve two or more taxable events in different aspects. ..... for each transaction or contract, the chartered accountant/cost accountant renders profession based services. ..... the same transaction may involve two or more taxable events in its different aspects. ..... pursuant to fulfilment of the eligibility conditions, assurance and payment of requisite permission fee by the 3 petitioner, as per the guidelines for up linking from india . .....
Tag this Judgment!Court : Orissa
..... round trip distance cannot fall below the average distance reckoned for the purposes of calculation of estimated rates as per consumption of petroleum products will only increase in the following years, the contract awarded in favour of eligible persons in pursuance of the tender being for a period of three years. ..... . and others, air 200.sc 801.the supreme court held the award of contract, whether it is by a private party or by a public body or the state, is essentially a commercial transaction .....
Tag this Judgment!Court : Orissa
..... round trip distance cannot fall below the average distance reckoned for the purposes of calculation of estimated rates as per consumption of petroleum products will only increase in the following years, the contract awarded in favour of eligible persons in pursuance of the tender being for a period of three years. ..... . and others, air 200.sc 801.the supreme court held the award of contract, whether it is by a private party or by a public body or the state, is essentially a commercial transaction .....
Tag this Judgment!Court : Orissa
..... round trip distance cannot fall below the average distance reckoned for the purposes of calculation of estimated rates as per consumption of petroleum products will only increase in the following years, the contract awarded in favour of eligible persons in pursuance of the tender being for a period of three years. ..... . and others, air 200.sc 801.the supreme court held the award of contract, whether it is by a private party or by a public body or the state, is essentially a commercial transaction .....
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