Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 chapter i preliminary Page 6 of about 1,156 results (0.049 seconds)

Harinagar Sugar Mills Ltd. Vs. Shyam Sundar Jhunjhunwala and ors.

Court : Supreme Court of India

Reported in : AIR1961SC1669; [1961]31CompCas387(SC); [1962]2SCR339

..... whether in spite of the opinion recorded by the high court and by the joint secretary, ministry of finance in respect of another block out of shares previously attempted to be transferred, there were adequate grounds for directing registration, is a matter on which we are unable to ..... the attorney-general contended that even if the central government was required by the provisions of the act and the rules to act judicially, the central government still not being a tribunal, this court has no power to entertain an appeal against ..... 136 of the constitution, by the first clause provides : 'notwithstanding anything in this chapter, the supreme court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory ..... we therefore over-rule the preliminary objection raised on behalf of the union of india and by the respondents as to the maintainability of ..... me to the heart of the controversy, and before i give my decision, i wish to say a few preliminary things. ..... the preliminary objection is that the appeals are incompetent, because the central government, which heard them, is not a tribunal, much less a court, and the action of the central government ..... indian companies act, 1913, the bombay high court declined to order rectification on a summary proceeding and relegated the parties to a suit and a similar order was passed by the joint secretary, ministry of finance. .....

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

Court : Supreme Court of India

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

..... law' (terms denoting different shades of culpability and types of excess of power), can arise on the allegations of threatened action in the cases before us, which really amount only to this; the union government proposes to act under article 356 of the constitution to give electors in the various states a fresh chance of showing whether they continue to have confidence in the state governments concerned and their policies despite the evidence to the contrary ..... ministers in tendering their advice to the president cannot be inquired into by the courts, we expect the central government in taking momentous decisions having far reaching consequences on the working of the constitution, to act with great care and circumspection and with some amount of objectivity so as to consider the pros and cons and the various shades and features of the problems before them in a cool and collected manner. ..... nature of the claim by the plaintiffs, if may now be germane to examine the preliminary objections taken by the defendant to the maintainability of the suits by the plaintiffs as also ..... it seems to me that if 'aspirations and hopes of the people', 'the noble and grand vision found in the preamble' and the chapter on 'directive principles of state policy' are to be taken into account in deciding whether the provisions of the constitution are being carried out by a particular government or not, the scope of interference under article ..... birch (see: federalism, finance and social legislation in canada, .....

Government of India Vs. Jagadish A. Sadarangani

Court : Chennai

Reported in : (1996)136CTR(Mad)539; [1996]221ITR338(Mad)

..... other option except the two options as referred to above, that the impugned communication of the appropriate authority does not make any reference to sub-section (4) of section 269uc of the act, that even otherwise, there is no defect in the agreement as such, that the object of enacting chapter xx-c is to ensure that there is no undervaluation of immovable property when sold with a view to avoid tax; that as there is no such undervaluation, the decision of the learned single judge does ..... . it is now well-established that the objects and reasons for enacting a particular provision of law or statute as stated at the preliminary stage of preparing and introducing the bill are relevant and can be looked into for the purpose of finding out the intention of the legislature and also to determine the true scope of the provision, if the ..... . 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 ..... .'s case : [1991]188itr623(delhi) was dismissed by the supreme court, but the order of the supreme court reported in : [1991]191itr307(sc) shows that the no objection certificate had already been issued on january 15, 1991, when the order was passed on april 23, 1991, and the supreme court itself has observed that the suggestions that the no objection certificate was issued under pressure and threat of contempt proceedings, are made out from the record .....

Sharan Desai M.arch Usa Vs. The State Of Karnataka

Court : Karnataka

..... a member who wishes to move an amendment to any item included in the complete agenda paper, but not included in the preliminary agenda paper shall give notice thereof to the secretary not less than 3 clear days before the date fixed for the meeting.5. ..... the council may receive, for the purpose of its expenses, registration fee, renewal fees and such other fees and money made admissible under the act and the rules framed thereunder, and the proceeds of the sale of register of architects, reports and other publications: provided that the council may accept grant, gift or deposit and such other financial assistance ..... have a role to play in the election of president and vice-president of the council in terms of rules 23 and 24 of the rules, again in the election of a member to the executive committee of the council under sub- section (2) of section 10 of the act and are also endowed with certain disciplinary powers in the event they would become members of the committee constituted in relation to complaints relating to professional misconduct of an architect. ..... the members have a say in the finance and accounts as dealt in regulation 26 and have the power of inspection of educational institutions. ..... chapter-ii of the act deals with constitution of council of architecture. ..... section 13 deals with finances of the council and they read as follows: 4. ..... regulation 26 deals with finances and accounts. ..... finances and accounts. 1. ..... finances of council. .....

Kailash Moudgil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD97(Delhi)

..... chapter xiv-b comprising of sections 158b and ending with 158bh came into the statute by the finance act ..... 30-6-1995 or where requisition is made of account books, other documents or assets under section 132a, the assessing officer should proceed to to assess the undisclosed income in accordance with the provisions of this chapter.the word 'undisclosed income' is defined under section 158b(b) which is an inclusive definition and it includes any money, bullion, jewellery or other valuable article or thing or any income based on any ..... the hon'ble supreme court held that the said authority can validly question by filing a writ in the high court and that the maxim actus curiae neminem gravabit (act of the court harms no one) applies.firstly, this case is dealing with the meaning of the word 'sanction' and not 'approval' with which we are concerned ..... will have far reaching consequences.he suggested formation of the special bench to answer the following questions : (1) (a) whether the commissioner while approving the order of assessing officer under section 158bc of the act is required by law to necessarily give an opportunity of hearing to the assessee (b) whether the approval of an order by the commissioner without giving an opportunity of being heard to the assessee, ..... preliminary steps, which in the results may not involve immediate legal consequences may lead to acts ..... the application by making a short order dated january 14, 1991, saying that transfer would not be "in the interest of .....

Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)703

..... reliance was also placed upon section 50c which was introduced by the finance act, 2001 for the proposition that on a reading of it, the legislature thought it necessary to lay down that ..... lordships of the supreme court.27.11 the question which was referred to their lordships was whether understatement of consideration in a transfer of property is a necessary condition for attracting the applicability of section 52 sub-section (2) of the it act 1961 or it is enough for the revenue to show that the fair market value of the property as on the date of the transfer exceeds the full value of consideration declared by the assessee in respect of the transfer ..... of income are enumerated in section 14 under which income shall for the purposes of charge of income-tax and computation of total income be classified and this includes "capital gains".section 45 of the act provides that any profits or gains arising from the transfer of a capital asset effected in the previous year shall be chargeable to income-tax under the head "capital gains" and shall be deemed ..... with a view to ascertaining the fair market value of a capital asset for the purposes of this chapter, the ao may refer the valuation of capital asset to a valuation officer-- (a) in a case where the value of the asset as claimed by the assessee is in accordance with the estimate made by a registered valuer, if the ..... the preliminary estimate ..... cit (1991) 191 itr 634 (sc) and also taken into consideration the decision of the apex court .....

Pukhrajmal Sagarmal Lunkad (Deceased Through L.Rs.) and ors. Vs. the M ...

Court : Mumbai

Reported in : 2005(2)ALLMR271; (2005)107BOMLR685

..... lands, both from the point of view of procedural difficulties and from the point of view of quantum of compensation payable for the land, which includes solatium payable under section 23(2) of the land acquisition act, then the act, which does not provide for appeal against many orders passed by the town planning officer (arbitrator) and does not authorise payment of solatium in addition to the market value of land, the acquisition of ..... or constitution of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or(c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land (together with the amenity, if any so developed or constructed) so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under this section or ..... president and was published in the maharashtra government gazette, on 20th december, 1966.the apex court, then proceeded to observe in para 28 as under:the question that falls then to be considered is whether the scheme of the act which provides for adjustment of the market value of land at the date of the declaration of intention of making a scheme against market value of the land which goes to form the reconstituted plot, if any, specifies a principle ..... chapter vi deals with splitting up of the schemes into sections and preliminary ..... act, which deals with finance of .....

Mrs. Bharti Krishna Vs. Vice-chancellor, Banaras Hindu University and ...

Court : Allahabad

Reported in : (1999)3UPLBEC2149

..... there were any irregularities except that in the same proceedings the ordinance was amended and the selection was made and the alleged non-compliance of section 18(6) of the banaras hindu university act, in view of section 114 of the evidence act, the court cannot presume that section 18(6) was not complied with unless contrary is shown, whereas by reason of section 57(1) the court has to take judicial notice of the law ..... hajela, learned counsel for the petitioner contends that the constitution of the selection committee was invalid in view of ordinance 5 clause-(vi)(c) chapter-vi of the banaras hindu university calendar providing for the ordinance governing the management of institution under the school board earned under statute 41(2) of the ..... school board is to consist of five officials namely, (a) vice chancellor/rector who shall be the chairman of the central hindu school board; (b) vice-chairman; (c) registrar; (d) finance officer (e) dean of faculty of education other than four members nominated by executive council. ..... course of natural events human conduct and public and private business, in their relation to facts of particular case, in illustration (e) and (f) under the said section the court may presume that official acts have been regularly performed and that the common course of business has been followed in particular cases. ..... counsel for the respondents on the other hand took a preliminary objection to the extent that under sub-section-(7) of section 5 of the act. .....

Commissioner of Income-tax Vs. Smt. Susheela Devi Agarwal

Court : Allahabad

Reported in : [2010]187TAXMAN220(All)

..... (3) whether on the facts and circumstances of the case, and on the materials on record, and on a true and correct interpretation of section 91(1) and chapter xvii of the income-tax act, 1961 and of article 371 of the constitution and of the press note and relevant notification issued by the ministry of finance, was the itat legally justified in reversing the order of the cit (appeals) and in holding that the assessee is not liable to pay income-tax on the lottery ..... apart from the fact that the circulars issued by the central board of customs and excise in exercise of its power under section 37b of the central excise act, 1944, are binding on the department, the department is precluded from challenging the correctness of the said circulars even on the ground of the same being inconsistent with the statutory provisions. ..... chaman lal : [1985] 156 itr 245 : [1986] 26 taxman 634 a division bench of punjab and haryana high court on consideration of various sections of the income-tax act including section 5(1), with reference to lottery income earned by the assessee on a lottery ticket of sikkim government, held as follows:after hearing the learned counsel for the parties and on consideration of the matter, we are of the opinion ..... having considered the respective submissions of the learned counsel for the parties, we are of the opinion that the preliminary objection raised by the learned counsel for the assessee has no substance.11. ..... udeshi : [1991] 189 itr 319. .....

Commissioner of Income-tax Vs. Mathew M. Thomas and ors.

Court : Kerala

Reported in : [1993]201ITR494(Ker)

..... pending the appeal, chapter xx-c was introduced in the income-tax act by finance act of 1986 with effect ..... 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 ..... bench of this court, by order dated may 5, 1988 has referred a question whether administrative circulars issued by the central board of direct taxes under the income-tax act to supplement the statute or can supplant the same by deviating or detracting or going beyond or contrary to the statutory provisions, for consideration by a full bench. ..... with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from april 1, 1986, acquisition proceedings under section 269c will not be initiated in respect of an immovable property for which the apparent ..... under section 269d(1), a preliminary notice was served on the assessees on june ..... of immovable properties under chapter xx-a of income-tax act, 1961--guidelines--regarding. ..... proceedings under chapter xx-a of the income-tax act were initiated against ..... the bill also proposes to insert chapter xx-c providing for purchase by the central government of immovable properties in certain ..... 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 .....