Court : Allahabad
Decided on : Jan-08-2014
..... the automatic abatement of the proceedings before bifr, in view of the third proviso to section 15(1) of the sick industrial companies (special provisions) act, 1985, inserted by way of amendment under act 54 of 2002? (ii) whether the secured creditors are obliged to seek permission of bifr, for taking action under section 13(4), for bringing to ..... end after its registration or after declaration of its sickness is granted by the board. the scheme of section 15 of the act,1985 as amended by act no. 54 of 2002, indicates that after enforcement of the act, 2002, no reference can be made to the bifr, where financial assets have been acquired by any securitisation company or ..... any other law for the time being in force or any instrument having effect by virtue of any such law." section 41 of the sarfaesi act, 2002 provides for amendment in certain enactments as specified in the schedule. section 41 read with schedule inserts two proviso (second and third proviso) in section 15 of the 1985 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-2014
..... - 99-15(6)-99, dated 28.10.1999 shall be deemed to have been validly appointed as if the provisions the principal act as amended by the uttar pradesh higher education services commission (second amendment) act, 2004 were in force at all material times. (2) the management shall intimate the existing vacancies and the vacancies, likely to ..... with the provisions of this act and has completed five years' service as such and who wishes to be transferred to any other college, may be transferred in the manner prescribed by ..... procedure for appointment of teachers.- (1) every appointment as a teacher of any college shall be made by the management in accordance with the provisions of this act and every appointment made in contravention thereof shall be void. provided that a permanent teacher of an affiliated or associated college, who has been appointed in accordance .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-13-2014
..... called "vested right" cannot be countenanced against public interest and convenience which are sought to be served by amendment of the building rules and the resolution of the corporation issued thereupon." 34. in union of india and others v. indian charge chrome and another [(1999) 7 scc 314], again this court emphasized: "the application has to ..... lease to be granted they would be provided with dealerships. the applications made pursuant to the advertisement published by the oil companies were also duly processed and were acted upon. however, it is only the suspension of the policy dated 8.10.2002, which prevented such dealerships for being given to the various applicants. 58. ..... was introduced into the law. it made its rust appearance in a case where alien students of 'scientololgy' were refused extension of their entry permits as an act of policy by the home secretary, who had announced that no discretionary benefits would be granted to this sect. the court of appeal held that they had no .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-05-2014
..... over the possessor. the possessor is entitled to protection against the whole world except the true owner. [the principles of mohammedan jurisprudence (1911)]. 79. in 'ancient indian law' possession was nothing but a legal contrivance based on the considerations of dharma. use and enjoyment of property was restricted and controlled by the holy scriptures. ..... east india company vs. oditchurn paul 1849 (cases in the privy council on appeal from the east indies) 43. 69. for british indian territory, the first codified statute dealing with limitation was act no. 14 of 1959. it however provided limitation of suits only. it did not contain any recognition of a right of immoveable property ..... dealing with limitation. the first codified statute dealing with limitation came to be enacted in 1840. the act 14 of 1840 in fact was an enactment applicable in england but it was extended to the territory of indian continent which was under the reign of east india company, by an authority of privy council in .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-10-2014
..... and exhibition for sale and distribution of cosmetics within the purview of the act; (iii) the experience of inspection under clause (iii) of the first proviso ..... provisions for ayurvedic, siddha and unani drugs; (ii) the drugs act was initially enacted to provide comprehensive measures for the uniform control of the manufacture and distribution of drugs and the import of drugs which was thought desirable. the act was amended by amending act 21 of 1962 which brought the import, manufacture, sale, stocking ..... be an inspector under this section. (4) every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code (45 of 1860), and shall be officially subordinate to such authority having the prescribed qualifications, as the government appointing him may specify in this .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-11-2014
..... the case of smt. amiya balla paul v. cit [2003] 262 itr 407, ignoring the amended provisions of section 142 a in this regard which were applicable with retrospective effect?" 2. the respondent is a company incorporated under the indian companies act and was carrying on the business of manufacture of kattha. a search was made at the ..... itr (st.) 13) which has been referred to above in paragraph 61.3.2 has laid down as under (page 58): "61.3.2. the finance act, 2002, has amended section 158bb to clarify that the block assessment of undisclosed income is to be based on the evidence found in the search and material or information gathered in post ..... income, which has been discovered on the basis of post search enquiries made during the block assessment proceedings. this position, however, has changed after the amendment made by the finance act of 2002, after which the assessment of undisclosed income can be based on evidence found in search and the material or information gathered in post search .....
Tag this Judgment!Court : Allahabad
Decided on : May-01-2014
..... and/ or to what extent the income is to be assessed in the hands of gopi apartments. 13. sri agrawal also contended that by the finance act, 2003, amendment in section 153a w.e.f. 01.06.2003 was made and sections 153a and 153c were added in place of sections 153bc and 153bd. section 158bc ..... during the assessment, proceedings against the 'searched person' or thereafter, any proceeding could be initiated against the 'other person' under any other provision of the income tax act, he categorically replied that except section 153c, there was no other provision under which action could be initiated against him. 36. the reliance placed by sri agrawal ..... or reassess income of such other person in accordance with the provisions of section 153a." 18. the aforesaid provision is contained in chapter- xiv of the income tax act, which contains the procedure for assessment. 19. a somewhat similar provision exists in section 158bd under chapter xiv-b, which contains the procedure for assessment of searched .....
Tag this Judgment!Court : Allahabad
Decided on : May-21-2014
..... following directions: '4. approvals under sub-clauses (vi) and (via) of section 10(23c) are governed by the procedure contained in rule 2ca. rule 2ca was amended w.e.f. 1.12.2006, inter alia by substitution of the existing sub-rule 3 by a new provision which is reproduced below: "(3) the approval of the ..... assessment years." read in isolation, without any further guidance as was given by way of explanatory notes to finance act, 2006 in respect of amendment of sub-clauses (iv) and (v) of section 10(23c), the above amendment leaves some scope for doubt about the period of validity of the approval under section 10(23c)(vi) and (via ..... petitioner and sri shambhu chopra, the learned counsel appearing for the chief commissioner of income tax. 2. the petitioner is a society registered under the societies registration act, 1860 and is providing education by setting up centres for educational excellence and schools under the name and style of "the sunbeam academy educational society". initially the .....
Tag this Judgment!Court : Allahabad
Decided on : May-29-2014
..... the aforesaid, it is essential for the court to consider the meaning of "undisclosed income" as defined under section 158b(b) of the income tax act as amended by the finance act, 2002 with effect from 01.07.1995. for facility, the said provision is extracted hereunder: "158b(b) where returns of income have been filed ..... but assessments have not been made till the date of search or requisition, on the basis of the income disclosed in such returns." 17. the finance act, 2002, while amending the definition of "undisclosed income" in section 158b, specially included income based on entries in books of account or other documents which represents a false claim ..... of section 158 b(b) relating to "undisclosed income" has undergone a change by the finance act, 2002, which has amended the provision with retrospective effect from 01.07.1995. the learned counsel further submitted that the finance act has amended section 158 b(b) to clarify that block assessment of "undisclosed income" is based on the .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-30-2014
..... (2) of section 143 after the expiry of twelve months specified in the proviso to subsection (2) of section 143, as it stood immediately before the amendment of said subsection by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, reassessment or recomputation as specified sub-section (2) of section ..... mind. it is well known that a presumption can also be raised to the effect that in terms of clause (e) of section 114 of the indian evidence act the judicial and official acts have been regularly performed. if it be held that an order which has been passed purportedly without application of mind would itself confer jurisdiction upon the assessing ..... not valid. the said decision was affirmed by the supreme court in cit v. lucas t.v.s. ltd. [2001] 249 itr 306/117 taxman 366. 27. in indian and eastern newspaper society v. cit [1979] 119 itr 996/2 taxman 197 the supreme court held that the opinion of the internal audit party at a point of law .....
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