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Vishwanath Prasad Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2003)86ITD516(All.)

..... the merits of the appeal, we feel it appropriate to decide the above preliminary issue first.12. chapter xiv-b inserted by finance act, 1995 w.e.f. 1st july, 1995 provides special procedure for assessments in search cases. section 158bc of the income-tax act provides special procedure for block assessment. where any search has been conducted under section 132 of the income ..... search.22. circular no. 717 dated 14th august, 1995 is issued by the cbdt on the subject of finance act, 1995 - explanatory notes on provisions relating to direct taxes. clause 39.3 of this circular provides salient features of the scheme provided under chapter xiv-b. the relevant clause is reproduced from this circular: where the previous year has not ended or the .....

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... state towards securing the principles specified in clauses (b) and (c) of article 39 of the constitution. section 3 defines various terms used in the act. chapter ii relates to establishment of board and appellate authority, term of office, conditions of service of officials and working of the board and appellate authority. references ..... 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 disregard of the ..... development bank of india (hereinafter referred to as `idbi'), which was the predecessor of the stressed assets stabilisation fund (hereinafter referred to as `sasf'), financed the project undertaken by the company.4. as it appears from the records, the respondent no. 1- company was unable to repay the loan and idbi .....

Madan Mohan Samantray Vs. Union of India (Uoi) and ors.

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' ..... , 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 ..... taken away. since section 293 of the income-tax act, as it stood prior to its amendment by the finance act of 1988, did not specifically bar the jurisdiction of the civil court to examine the validity of an order in the acquisition proceedings under chapter xxa of the income-tax act, the civil court will have the jurisdiction to decide .....

State of Rajasthan and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1

..... reason for this distinction is evident from the language and context of the respective provisions. article 356 which occurs in the chapter called 'emergency provisions' is intended to be resorted to in that exceptional class of situations, which though have been ..... could be described as 'cooperative federalism.' this term was used by another author, mr. a.h. birch (see: federalism, finance and social legislation in canada, australia and the united states p. 305), to describe a system in which:. the practice of administrative ..... be made known to, those who seek to impugn what has been done.' (vide ningkan v. government of malaysia [1970] a.c. 379. but one thing is certain that if the satisfaction is mala fide or is based on wholly ..... extraordinary powers conferred by article 356(1) on the highest executive authorities of the indian union who are expected to act with the utmost sense of responsibility. such a consideration, combined with the existence of parliamentary control on the exercise of .....

Sri Lakshmindra theertha Swamiar of Sri Shirur Mutt and anr. Vs. the C ...

Court : Chennai

Reported in : AIR1952Mad613; (1952)IMLJ557

..... and the trustee is enjoined to keep regular accounts which should be got audited by an auditor, the details of which need not be referred.chapter viii deals with finance. section 76 vests in the government the power to levy an annual contribution not exceeding 5 per cent of its income. it is stated that ..... the same manner and to the same extent as if he were a trustee, such a person also would be a trustee within the meaning of the act.chapter iii contains general provisions applicable to all religious institutions. section 20 vests the administration of all religious endowments and the general superintendence & control in the commissioner. ..... the said notification. the second respondent in the petitions as originally filed was the hindu religious endowments board, madras. when the madras hindu religious and charitable endowments act (act xix (19) of 1951), came into force on 30-9-51, the petitioners obtained leave to amend the petitions by substituting the commissioner, hindu religious and .....

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... himself, chandrachud, j. and gupta, j., the chief justice (as he then was) examined in detail the provisions of oil and natural gas commission act, 1959, the life insurance corporation act, 1956 and the industrial finance corporation act, 1948. in ascertaining the correct test his lordship referred to various decisions including the following : c. farnandez v. state of mysore : [1967]3scr636 ..... both.section 31. every officer or other employee of the corporation or of an acquiring company shall be deemed to be a public servant for the purpose of chapter ix of the indian penal code.section 32. every officer of the central government and every officer or other employee of the corporation and of any acquiring ..... trading corporation of india v. c.t.o. a.i.r. (1963) s.c. 1811; s.l. agarwal v. general manager, hindustan steel ltd. 1970-ii l.l.j. 499 : a.t.r. 1970 s.c. 1150, rqjasthan state electricity board v. mohan lal : (1968)illj257sc , vaish degree college v. lakshmi narain 1976-ii l.l.j. 163 .....

Gujarat State Khadi Gramodyog Board Vs. Gujarat State Khadi Gramodyog ...

Court : Gujarat

Reported in : (2005)1GLR24

..... .1.[4] that the board has its own regulation for which specific provisions have been incorporated in chapter v of the act.[5] chapter v of the act clearly provides for finance accounts and audit and, also, provides for budget and various other aspects. section 16 of chapter v empowers the state government to transfer to the board immovable and movable properties for the effective and ..... material for the adjudication of the dispute involved, as it only pertains to the preparation and submissions of programme. whereas in chapter v of the act, various provisions are made for finances, accounts, audit and debts of the board. miscellaneous provisions are made in chapter vi for the purpose of running the of business and to carry on the aims and objects of the .....

Mr. Rajesh Bhalchandra Chalke Vs. M/S Emco Dynatorq Pvt. Ltd.

Court : Mumbai

..... of the complaint clearly indicates the legislative intent that issuance of process was also intended to be expedited after filing of the complaint.14. sections 138 to 147 in chapter xvii of the ni act are a code by itself and the very fact that the legislature specifically provided for the non-obstante clause in sections 143, 144 and 145 of ..... the case of the accused any further.46. as regards the decision of the learned single judge of this court in peacock industries ltd. and others vs m/s budhrani finance ltd. and another, 2006 all mr (cri) 2233, learned counsel for the accused relied upon the guidelines laid down in the said decision. it is true that the ..... to its logical conclusion. our attention is also invited to the decision of the learned single judge of this court in peacock industries ltd. and others vs m/s budhrani finance ltd. and another, 2006 all mr cri 2233, decided on 14th july 2006. referring to the various guidelines laid down in the said decision, it is submitted that on .....

J. Venkatesh Reddy and Others Vs. The State of Karnataka, Represented ...

Court : Karnataka

..... and resettlement (karnataka) rules, 2015 published vide notification no.rd 152 aqb 2013, bangalore dated 17.10.2015, for carrying out the provisions of the act. chapter-ii of the state rules provide for social impact assessment, under rules 3 to 15 which can be referred to. rule -2 contemplates as to how ..... states. the central government would create the enabling policy frame work, provide incentives for infrastructure development on a public private partnership (ppp) basis through appropriate financing instruments, and state governments would be encouraged to adopt the instrumentalities provided in the policy. the policy further states, while the nimz is an important instrumentality ..... housing society limited and another vs. state of maharashtra and others, 1970(3) scc 323 para 21. acquisition of land for a private company is not for a public purpose. acquisition can be permitted only under chapter vi of the land acquisition act, 1894. reliance is placed on devinder singh and other vs. state .....

J Venkatesh Reddy Vs. The State of Karnataka

Court : Karnataka

..... acquisition, rehabilitation and resettlement (karnataka) rules, 2015 published vide notification no.rd152aqb2013 bangalore dated 17.10.2015, for carrying out the provisions of the act. chapter-ii of the state rules provide for social impact assessment, under rules 3 to 15 which can be referred to. rule -2 contemplates as to ..... . the central government would create the enabling policy frame work, provide incentives for infrastructure development on a public private partnership (ppp) basis through appropriate financing instruments, and state governments would be encouraged to adopt the instrumentalities provided in the policy. the policy further states, while the nimz is an important ..... housing society limited and another vs. state of maharashtra and others, 1970(3) scc323para 21. acquisition of land for a private company is not for a public purpose. acquisition can be permitted only under chapter vi of the land acquisition act, 1894. reliance is placed on devinder singh and other vs. state .....