Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Court: andhra pradesh Page 63 of about 644 results (0.036 seconds)

Satyam Constructions Ltd. Vs. Registrar (Judicial), High Court of A.P.

Court : Andhra Pradesh

Reported in : 1999(6)ALD223; 1999(6)ALT166

..... placed upheld those objections without going into the question of competence of deputy registrar to raise such objections and once the deputy registrar who returned the papers is held to have acted without jurisdiction, the court in exercise of jurisdiction under article 226, can set right this jurisdictional error irrespective of the fact that the matter was placed before the ..... thus, apart from the fact that the person designated under section 11(6) does not answer the description of 'court' within the meaning of section 2(e) of the act, it is clear from the aforementioned ruling of the supreme court that the nature of the functions under section 11(6) are such which cannot be considered to be judicial functions in which case it would be wholly in appropriate ..... the contention of the learned counsel for the petitioner as well as the learned advocate-general that the 'person or institution designated by the chief justice' acts as 'persona designata' but not as a 'court' merely because the designated persons happens to be a judge of the high court dealing with original ..... of the privy council, the madras high court held that the jurisdiction conferred on the high court by the banking companies act was part of its ordinary original civil jurisdiction within the meaning of article 183 of the old limitation act because 'that jurisdiction has to be exercised in the ordinary course of law without any special step being necessary to assume ..... decision in sundaram finance limited v. n.e.p.c .....

Lanco Kondapalli Power (P) Ltd. Vs. Transmission Corporation of A.P. L ...

Court : Andhra Pradesh

Reported in : 2004(6)ALD829; 2004(6)ALT293; 2005(1)ARBLR30(AP)

..... private sector investments in power sector and in line with the government policy, the board invited bids for short gestation power projects and that the appellant has submitted its bid to design, finance, construct, complete, own and operate a liquid fuel based power station of 355 mw (iso) capacity at machilipatnam krishna district and the respondent accepted the bid made by the appellant. ..... electricity regulatory commission has the jurisdiction or not to decide the matter in question' is pending before this court in w.p.no.7838 of 2004 and hence the learned counsel for the appellant requested this court to declare the findings of the learned chief judge that the regulatory commission is the appropriate and competent authority to resolve the ..... the learned counsel for the appellant is that though the civil court has vested with jurisdiction to grant ad interim injunction pending adjudication of dispute by the arbitral tribunal under section 9 of the arbitration and conciliation act, 1996 but the learned chief judge without exercising his powers dismissed the same by erroneously holding that the a.p. ..... of jurisdiction :-no order or proceeding made under this act or rules or regulations framed under the act shall be appealable except as provided in the act and no civil court including under the arbitration and conciliation act, 1996 shall have jurisdiction in respect of any matter which the commission or the appellate authority under the act is empowered by or under, this act.'15. .....

Majeti Veerabhadrarao and ors. Vs. Pithapuram Municipality Rep. by Its ...

Court : Andhra Pradesh

Reported in : 2008(1)ALD247; 2008(1)ALT729

..... the suit was opposed by the municipality inter alia on the ground that without availing the remedy of revision under rule 12 of taxation and financial rules (hereafter called, taxation rules) of andhra pradesh municipalities act, 1965 (the act, for brevity) is not maintainable and that the assessments made are correct. ..... learned counsel for the appellants submits that when assessment of tax was not done in accordance with the provisions of the act, a suit would lie and that the plaintiffs filed exs. ..... however, if a case is made out that the provisions of the act have not been complied with while assessing property tax or revising property tax, impliedly a suit for recovery of tax or levy paid to municipality is not barred. ..... dealing with finances of the municipality, schedule-ii i.e. ..... secondly he relies on sub-section (4) of section 85 of the act, in support of the contention that the garden land should be assessed based on the land revenue as fixed by the government. ..... ), considering section 376(2) of the act, a division bench of this court laid down as under.when a statute creates a right or liability and makes inbuilt provision therein to agitate matters pertaining to the rights and liabilities, the jurisdiction of the civil court will be, to ..... section 376(2) of the act bars a suit in respect of an assessment of property tax. ..... therefore, the submission that section 85(4) of the act applies cannot be countenanced. .....

Pfimex Pharmaceuticals Ltd. Vs. Gujarat Industrial Investment Corporat ...

Court : Andhra Pradesh

Reported in : 1998(6)ALD52; 1998(3)AnWR426

..... judgment of the supreme court in mahesh chandra 's case (supra) shows that the supreme court laid down the various guidelines which are to be followed in conducting a sale under section 29 of the state financial corporations act, as obligations arising out of the power to take possession of the property of the defaulter and sell the same on the ground that in such a transaction, either the corporation which is controlled by the state or the unit ..... if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government of rajasthan under section 52(1) of the act by a petition under article 226 of the constitution, the remedy of the respondents for the grant of such relief had to be sought by filing such a petition before the rajasthan high court, jaipur bench, ..... located in gujarat; the loan-the default in payment of which resulted in the present litigation was sanctioned and disbursed in gujarat; the action of the respondents under section 29 of the state financial corporations act, 1951, was taken in gujarat; the mere fact that the decisions of the respondents to take various steps contemplated under section 29 of the state financial corporations ..... persons who are carrying on business with borrowed capital, that too, from public financing institutions whose funds come from out of the exchequer which in turn come from the tax payers, cannot be permitted to take undue advantage .....

Smt. Ch. Mangayamma Vs. Union of India

Court : Andhra Pradesh

Reported in : (2000)158CTR(AP)35; [1999]106TAXMAN339(AP)

..... ratnakar, counsel for the petitioner, contended that the provisions of section 40a(3), as amended by the finance act, 1995, stipulate that 20 per cent of the expenditure incurred by an assessee exceeding rs. ..... rule 6dd(j) reads:'(j) where the payment is made by an assessee by way of salary to his employee after deducting the income-tax from salary in accordance with the provisions of section 192 of the act, and when such employee-(a) is temporarily posted for a continuous period of fifteen days or more in a place other than his normal place of duty or on a ship; and(b) does not maintain any account in any bank at such place or ..... 'by the finance act, 1996, the figure `rs ..... sanyasi rao : [1996]219itr330(sc) , the supreme court while considering the validity of the provisions under sections 44ac and 206c of the act on the touch-stone of article 14 of the constitution held:'.....the relevant entry therein (taxes on income other than agricultural income) should be liberally construed ..... rao, j.this writ petition is filed challenging the validity of section 40a(3) of the income tax act, 1961 (' hereinafter referred to as `the act') which disallows 20 per cent of cash payments in excess of rs. ..... the assessee unsuccessfully claimed that the cash transactions are genuine and are allowable expenditure under the act.3. ..... 630 and determined the tax with interest under section 234b of the act at rs. ..... facts which prompted the filing of the writ petition are: the petitioner is an assessec under the act. .....

Dr. (Mrs. Renuka Datla Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1999]107TAXMAN143(AP)

..... law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely --(a) where the tax arrear is payable under the income tax act, 1961 (43 of 1961),-(i) ** ** **(ii) in the case of a declarant, being a person other than a company or a firm, at the rate of thirty per cent of the disputed income,'it may be noted that the date for filing the declaration was extended ..... cto [1975] 35 stc 1, the supreme court while dealing with the constitutionality of section 10 of the central sales tax amendment act ' 1969 which provided for exemption from central sales tax if the dealer had not collected the tax between 10- 11- 1964 and 9-6-1969 repelled the argument that those who had not collected the ..... while so, on 31-12-1998, the deputy commissioner, central circle w, hyderabad, made fresh assessments under section 143(3), read with section 251, of the act in order to carry out the directions of the appellate authority. ..... that means, the declaration made by assessee should be in respect of tax arrear as defined by clause (m) of section 87 of the finance (no. ..... passed by the respondent on 26-2-1999 rejecting the declarations filed by the petitioner under the provisions of kar vivad samadhan scheme ('the kvss scheme') which was introduced by chapter iv of the finance (no. ..... 2) act, 1998 and seeks an order to direct the respondent to 'consider' the declarations filed by the petitioner under section 88 of the act, on 30-1-1999 .....

Mamatha Chit Fund P. Ltd. (In Liquidation) Vs. Smt. Doure Swarropa Ran ...

Court : Andhra Pradesh

Reported in : [2007]136CompCas758(AP); [2007]80SCL69(AP)

..... is was only when the proceeding was filed in the form of a suit that the court fee should be paid as provided in article 1 of schedule i of the court fees act, 1870, otherwise the application would have to be stamped as an application under the companies act as provided in article 1(d) of schedule ii of the court fees act, 1870.18. the raison d'etre seems to be that the object of giving jurisdiction to the high court to decide the matters covered by section 446(2) is to provide a ..... . the provision so enacted probably did not meet with the requirement with the result that the committee appointed for examining comprehensive amendments to the companies act in its report recommended that 'a suit by or against a company in winding up should, notwithstanding any provision in law for the time being, be instituted in the court in which the winding up proceedings are pending ..... sub-section (2) confers jurisdiction upon the company court to dispose of any suit or proceeding by or against the company; any claim made by or against the company; any application made under section 391 of the companies act by or in respect of the company ; and any question of priorities or any other question whatsoever whether of law or fact which may relate to or arise in course of the winding up of the company. ..... . 22 the full bench sought to place reliance upon the judgment of the punjab and haryana high court in punjab finance p ..... in punjab finance p. .....

K.Naga Venkata Surya Lakshmi Vs. the Indian Oil Corporation Limited, R ...

Court : Andhra Pradesh

..... purpose of disposal of these cases and the said clause, with regard to these parameters, is reproduced hereunder: parameter sub head description sub-total maxim marks max marks 35 evaluation capability to provide finance financially sound funds.a) amount in savings accounts in bank (as on date of application).b) free and unencumbered fixed deposits in scheduled banks or any other documents/resource which can be readily converted to ..... attention to the averments in writ petition no.15029 of 2009 and the material filed in support thereof to show that sri d.jayanth, the then branch manager-respondent no.4 in the said writ petition, acted in his personal interest in furnishing false information to the corporation, in collusion with the contesting respondents, as his wife-smt.durga kanthamani, along with another person, executed a registered lease deed in ..... out of sub-total maximum marks of 35, allotted under the head "capability to provide finance", 18 marks are allotted for the deposits contained either in "savings accounts in bank" or "free and unencumbered fixed deposits in scheduled banks or any other documents/resource, which ..... writ petitions, contended that the contesting respondents have indulged in a fraudulent act of withdrawing a major portion of the fixed deposits on the very same day on which they were made, in collusion with the branch manager of the bank, and derived undue advantage of allotment of marks from the corporation under the head "capability to provide finance". .....

Durgam Subramanyam Vs. 1. Government of A.P., Represented by It

Court : Andhra Pradesh

..... collector and magistrate, chittoor ordering the detention of the petitioner under section 3(1) r/w 3(2) of the andhra pradesh prevention of dangerous activities of bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders and land grabbers act, 1986 (hereinafter referred to "the act 1/1986) and consequential order of the first respondent, government of andhra pradesh, represented by its chief secretary, in approving the order of detention passed by the district collector, chittoor in g.o.r.t.no.3098, general administration (law & order ..... as no explanation was forthcoming from the detaining authority explaining the delay in executing the order of detention and as no steps have been taken as provided under section 7 of the act 1 of 1986 to secure the arrest of detenu by declaring him as a proclaimed offender, this court was pleased to set-aside the order of detention. ..... the petitioner was identified as one of the king pins who was responsible for financing the process of felling trees and also smuggling the same to other places. ..... , where the courts are prima facie satisfied (i) that the impugned order is not passed under the act under which it is purported to have been passed,(ii) that it is sought to be executed against a wrong person,(iii)that it is passed for a wrong purpose,(iv) that it is passed on vague, extraneous and irrelevant grounds, or(v) that the authority which passed it ..... (2004) 3 scc 28.6. .....

Shri Chalasani Venkateswara Rao, Vijayaw Vs. Income Tax Officer, Ward- ...

Court : Andhra Pradesh

..... is clear that the legislature, even though it was aware of the above decisions, did not choose to amend the law by making the partner liable when it amended the i.t act,1961 by introducing clause (4) to s.45 by the finance act,1987 w.e.f 1.4.1988 and made only the firm liable. ..... judgment (per hon'ble sri justice m.s.ramachandra rao): this appeal is filed by the appellant/assessee under section 260-a of the income tax act, 1961 challenging the order dated 08-02-2000 of the income tax appellate tribunal, "b" bench, hyderabad in i.t.a.no.1529/hyd/94 for the assessment year ..... the expression "sale" and "sold" are not defined in the income-tax act : those expressions are used in section 10 (2) (vii) in their ..... 1988-89, in the case of dissolution of a firm, only the firm is taxable on capital gains on dissolution under section 45 (4) of the income tax act, 1961 and not the partner. ..... 1988-89, in the case of dissolution of a firm, only the firm is taxable on capital gains on dissolution under section 45 (4) of the income tax act, 1961 and not the partner.13. ..... rightly contended by the assessee, up to the assessment year 1987-1988, section 47 (ii) of the income tax act, 1961 excluded these transactions. ..... contended that up to the assessment year 1987-1988, section 47 (ii) of the income tax act, 1961 excluded these transactions. ..... as per section 43 of the partnership act, 1932, where the partnership is at will, the firm stands dissolved by any partner giving notice in writing of his intention to .....