Erroneously - Judgment Search Results

Opm Vs. Richmond

Court: US Supreme Court

..... might frustrate congressional intent to appropriate benefits by instructing its agents to give claimants erroneous advice that would deprive them of the benefits but congress may always exercise its ..... where congress has been concerned at the possibility of significant detrimental reliance on the erroneous advice of government agents it has provided appropriate legislative relief see e g federal .....

Cooter and Gell Vs. Hartmarx

Court: US Supreme Court

..... has adopted the appropriate approach that circuit reviews findings of historical fact under the clearly erroneous standard the determination that counsel violated rule 11 under a de novo standard and ..... appellate court reviews a district court s factual findings the abuse of discretion and clearly erroneous standards are indistinguishable a court of appeals would be justified in concluding that a .....

Triveni Sheet Glass Works Ltd. Vs. Collector of C. Ex. and Cus.

Court: Allahabad

Reported in: 1991(54)ELT44(All)

..... that any duty of excise has not been levied short levied erroneously refunded no order levying or enhancing the duty or no order ..... of six months even though such non levy short levy or erroneous refund may not have been occasioned by mis representation fraud or ..... proviso however says that where such non levy short levy or erroneous refund is the result of fraud collusion wilful mis statement suppression .....

Collector of Customs and Central Vs. Roto Screentech Pvt. Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (1990)(31)LC467Tri(Mum.)bai

..... cegat special bench b1 reported in 1988 18 ecr 348 duty erroneously refunded has to be recovered only under section 11a and not ..... duty not levied or paid short levied or short paid or erroneously refunded shall be passed unless the appellant is given notice within ..... the collector appeals cannot enforce any recovery of short levy or erroneous refund if a notice has not been issued within the time .....

Manohar Lal Munshi Lal Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1990)34ITD4(Delhi)

..... the learned ito concerned and non discussion thereof constituted an error rendering the asst order erroneous and therefore prejudicial according to shri haider the seized material constituted the asst record ..... that the assessment was framed without proper enquiry by the learned ito and thus was erroneous and prejudicial authorizing the learned cit to operate section 263 in this connection reliance .....

Oil and Natural Gas Commission Vs. Inspecting Assistant

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1990)35ITD31(Delhi)

..... too without giving the assessee a proper notice of revocation thereof revision under s 263 erroneous and prejudicial order failure to add perquisite value of surtax failure to add perquisite ..... assessment proceedings the commissioner initiated action under section 263 considering the assessment order to be erroneous on certain points in those proceedings the assessee did not raise the plea of .....

Shankar Narayana Construction Vs. First Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (1991)36ITD431(Gau.)

..... manufacture or production and no investment allowance was allowable the assessment order was considered erroneous in respect of the allowance of depreciation additional depreciation etc the commissioner observed that ..... capital gains from the sale of trees while making assessments for those years were erroneous and prejudicial to the interest of revenue the commissioner has referred to the earlier .....

Cruzan Vs. Director, Mdh

Court: US Supreme Court

..... such as an advancement in medical science or the patient s unexpected death however an erroneous decision to withdraw such treatment is not susceptible of correction although missouri s proof ..... the potential that a wrong decision will eventually be corrected or its impact mitigated an erroneous decision to withdraw life sustaining treatment however is not susceptible of correction in santosky one .....

United States Vs. Dalm

Court: US Supreme Court

..... distinguishes such wrongfully collected sums from those sums which are simply excessive and from taxes erroneously or illegally assessed or collected these latter phrases would appear to cover actions for ..... s complaint identifies this action as one for recovery of internal revenue taxes and interest erroneously collected from respondent and alleges that overpaid gift taxes are due and owing to .....

Lytle Vs. Household Mfg., Inc.

Court: US Supreme Court

..... the court resolved the equitable claims first solely because it erroneously dismissed the legal claims to hold otherwise would seriously undermine a ..... that dismissal of lytle s 1981 claims was not erroneous because lytle s allegations do not state 1981 claims in light ..... noted that the dismissal of the 1981 claims was apparently erroneous because the title vii and 1981 remedies were separate independent .....