Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... chapter xxa of the income-tax act and that is why the legislature brought in the expression 'any proceeding taken or order made' by ..... question whether, in fact, there was a transfer or not on which collateral fact the competent authority would assume jurisdiction under chapter xx-a.10. there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under ..... law. the bench of this court in the said case also relied upon the decision of the supreme court in the case of dhulabhai v. state of m, p., : [1968]3scr662 , and quoted the three principles which are extracted hereunder (at p. 89) :'(1) where the statute gives a finality to the orders of the special tribunals the civil .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1621; 1963(1)SCR778
..... of a part of the net proceeds thereof among the stages in pursuance of the principles of distribution formulated and the recommendation made by the finance commission. under the central act, before the amendment, there was excise duty on tobacco used for various purposes, including machine-made bidis, but there was no excise duty on ..... , dealing with finance. that article provides that no tax shall be levied or collected except by authority of law. there was no similar provision in the corresponding chapter of the government of india act, 1935. if collection of taxes amounts to deprivation of property within the meaning of article 31(1), then there was no point ..... , dealing with "finance". that article provides that tax shall be levied or collected except by authority of law. there was no similar provision in the corresponding chapter of the government of india act, 1935. if collections of taxes amounts to deprivation of property within the meaning of article 31(1), then there was no point in .....
Tag this Judgment!Court : Kerala
Reported in : [1993]201ITR494(Ker)
..... the proceedings will be dropped if the apparent consideration of the immovable property is below rs. 5 lakhs.' 4. the provisions of chapter xx-c of the income-tax act introduced by the finance act of 1986, with effect from october 1, 1986, has been explained in another circular dated july 9, 1986. the explanatory note ..... on january 21, 1982, in this court. the said appeal is still pending. pending the appeal, chapter xx-c was introduced in the income-tax act by finance act of 1986 with effect fromoctober 1,1986. under section 269rr, chapter xx-a will not apply in relation to transfer of any immovable property after september 30, 1986.2. ..... :'circular no. 455, dated may 16, 1986. subject : acquisition of immovable properties under chapter xx-a of income-tax act, 1961--guidelines--regarding. the finance bill, 1986, has proposed that no proceedings shall be initiated under section 269c of the income-tax act, 1961, in respect of a property transferred after the 30th day of september, 1986. the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H108; (1995)110PLR541
..... proposal to the committee. this is precisely what he did. his action was in strict conformity with the provisions of the rules. admittedly, the term of the finance sub-committee had expired on january 30, 1993 and since a new sub-committee had not been constituted, its functions had to be necessarily performed by the president. ..... of the division who is authorised to give 'final sanction.'6. a perusal of these rules clearly shows that a merely recommendatory function has been assigned to the finance sub-committee and in case, such a committee does not exist, its functions are required to be performed by the president.7. what is the position in ..... not be vacated.5. the municipal account code is a compilation of rules 'published under section 240 of the punjab municipal act, 1911 vide punjab government notification no. 11961 dated the 4th april 1930. . . . . .'. chapter ii of this code relates to the preparation and finalisation of budget. rule 11.1 requires the committee to submit the budget .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT775
..... property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.16. section 11 of the act appearing under chapter iii postulates appointment of members. the members of the board shall be appointed by the state government, by notification in the official gazette, from any ..... as state jamait-ul-ulama-i-hind (whether such persons are hanafi, ahle-hadis of shefai) or state shia conference;(c) persons having knowledge of administration, finance or law;(d) mutwallis of wakfs situate within the state;provided that in no case more than one mutwalli shall be appointed to the board;provided further ..... maqbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf.14. section 6 of the act deals with disputes regarding wakfs, which postulates (1) if any question arises whether a particular property specified as wakf property in a list of wakfs published under .....
Tag this Judgment!Court : Chennai
Reported in : (1996)136CTR(Mad)539; [1996]221ITR338(Mad)
..... calls for interference 17. point no. 1 : sub-section (4) of section 269uc of the act came to be introduced by the finance act, 1995, with effect from july 1, 1995. the object of introducing sub-section (4) has been stated in the finance bill (see [1995] 212 itr 98 in specific terms (page 314) : 'the new sub- ..... reasons for introducing such amendment has been further stated as follows (see [1995] 212 itr 363 : 'many high courts have held that the provisions of chapter xx-c allow the income-tax department to either purchase the property or issue a no objection certificate in response to an application for no objection certificate furnished in ..... pre-emptive purchase and no third alternative was permissible. accordingly, the high court allowed the writ petition and directed the appropriate authority to issue no objection certificate under chapter xx-c of the act. 23. the decision in tanvi trading and credits p. ltd.'s case : [1991]188itr623(delhi) was taken to the supreme court (see : [1991] .....
Tag this Judgment!Court : Delhi
Reported in : (1998)145CTR(Del)560
..... authority and s. 269-h provided for a further appeal to the high court.29. the chapter xx-c was inserted by the finance act, 1986 w.e.f. 1st of october, 1986. i do not want to advert to the scope of the finance act because the objects had already been extracted.30. thus, in the light of the above position ..... burden and, thereforee, the purchase order is liable to be quashed. the learned counsel relied upon the passage of the judgment of the supreme court reported in air 1968 sc 1156 wherein the supreme court had held :'it is well settled that where the jurisdiction of an administrative authority depends upon a preliminary finding of fact the high ..... the annual rent by certain number of years of purchase in case the property is tenanted.69. the learned senior counsel also referred to ced vs. radha devi jalan : [1968]67itr761(cal) . referring to jaswant rai vs. cwt the learned senior counsel submitted that the benefit of the method which is most favourable to the assessed should be allowed .....
Tag this Judgment!Court : Chennai
Reported in : [1999]98CompCas205(Mad)
..... sold, or the company is wound up it may indeed become difficult later to restore the status quo ante. therefore, in our view, the high court of allahabad in industrial finance corporation of india v. maharashtra steels ltd. [1990] 67 comp cas 412 the high court of andhra pradesh in sponge iron india ltd. v. neelima steels ltd, [1990 ..... happen to be banks or state financial corporations different considerations would come into play. it must be realised that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for that purpose and if they are permitted to resort to independent action in total disregafd of the pending inquiry under sections ..... considering the same, it was held as follows (in para. 13) (page 10) :'on a fair reading of the provisions contained in chapter iii of act 1 of 1986 and in particular sections 15 to 22, we are of the opinion that the plea put forward by the revenue is reasonable and fair in .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)
..... which are no longer continuing wrongs or giving compensation to the company or the aggrieved shareholders in respect of such transactions.'57. in hanuman prosad verma v. stock and finance ltd, [1985] 58. comp cas 338 (cal), the court was concerned with absolutely a different situation. it lays down that an application under section 406 read with ..... this expression has not been defined in the'code. but from the scheme of the code, the content and marginal heading of section 190 and the caption of chapter xiv under which sections 190 to 199 occur, it is clear that a case can be said to be instituted in a court only when the court takes ..... akshay nidhi ltd. (company petition no. 447 of 1990). the applicants respondents herein filed an application on february 12, 1990, under section 397/398 of the companies act, 1956, for certain reliefs against the appellants and other respondents. upon completion of exchange of affidavits the parties addressed the learned trial judge on the merits of the said .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR752
..... the end of each financial year, to cause to be published in the official gazette a report giving an account of the activities financed under section 7-a.10. chapter v dealing with the 'procedure' contains provisions regarding the power to issue warrant and authorisation under section 41. section 42 deals ..... drugs and psychotropic substances consultative, committee. section 7 empowers the state government to appoint such officersas it thinks fit for the purposes of the act.9. under chapter ii-a dealing with national fund for control of drug abuse, the central government may constitute a fund called 'national fund' for control ..... , on information supplied byone tek chand dolwani to the additional custodian of evacueeproperty, the latter started proceedings under the bombay evacuees (administration of property] act, 1949 against one aboobaker.the additional custodian, after recording the statement ofaboobaker and examining the evidence produced by tek chanddolwani, held that the said aboobaker .....
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