Court : Delhi
Decided on : Nov-25-2005
Reported in : [2008]144CompCas780(Delhi); (2006)2CompLJ242(Del); [2007]79SCL541(Delhi)
..... practices being adopted by such nbfcs while accepting deposits from the public, as can be gleaned from the statement of objects and reasons appended to the amendment act, which reads as under:-'act 23 of 1997:- the activities of the non-banking institutions and unincorporated bodies receiving deposits are regulated in terms of the provisions of chapters iii-b ..... support of the workers union was intended to acquire the land of the company for its exploitation. the court also found that the scheme was not genuine but patently fraudulent as it had been evolved as a cloak to cover the misdeeds of the directors to avoid misfeasance proceedings against them.25. thereforee, i am forced to ..... the scheme. for example no particulars of any bank accounts or bank balance are given, cash shown now is nil whereas in a statement made in the year 2002 it was stated by the petitioner that cash of over rs. 1 crore was available; there are no proper complete details of the creditors/depositors; there are no .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-25-2005
Reported in : (2006)102TTJ(Delhi)936
..... a recourse is taken to the provisions contained under the companies act, 1956. section 58a and section 227 of the companies act, 1956 in itself clearly place distinction between the two expressions.the explanation added to section 370 of the companies act, 1956 by the companies (amendment) act, 1988 for including deposits for the purpose of loan was for ..... a limited purpose of inter-corporate transaction and a similar amendment has not been made in the act under which the issue is being considered. the revenue's plea ..... that order. likewise the decision rendered by the mumbai bench of the tribunal in the case of life insurance corporation of india v. jt. cit (2002) 74 ttj (mumbai) 624 : (2002) 82 itd 749 (mumbai) will also be of no help to the issue under consideration as that was the decision rendered in the case of .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-2005
Reported in : 126(2006)DLT582
..... . this liability of the transferee is in no way qualified, curtailed or abridged by any provision in section 126. section 126 deals with amendment of assessment list and the procedural aspects concerning amendment. section 126 no doubt provides that no person shall become liable to pay any tax or increase of tax in respect of any period ..... had to be considered. assessment orders were to be passed and under section 66 the list had to be finally settled. further amendments were governed by section 67. the section required that if further amendment to the assessment list was to be made, the owner had to be notified and given an opportunity to file objections.17. section ..... 68 of the punjab municipal act 1911 give an option to the committee to either prepare new assessment lists every year or adopt the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-30-2005
Reported in : (2006)98ITD285(Delhi)
..... practice" ignores the prevalent malpractice that was noticed by the direct taxes enquiry committee and the recommendations made by the said committee which led to the amendment of the act by the finance act of 1972, whereby the exemption from tax that was available in respect of winnings from lotteries, crossword puzzles, races, etc., was withdrawn. similarly, ..... to the file of assessing officer for adjudication afresh.? i have received the following proposed question under section 255(4) of the i.t. act. 1961 in ita no. 206/del. /2002. whether on the facts and findings, issue being identical and covered by various tribunal orders arising from the same search and in the hight ..... should en mass sign these blank documents and deposit them with the chartered accountant? the learned dr referred to the letter of the assessee dated 28.5.2002 addressed to the assessing officer and placed at pages 6 to 12 of the assessee's paper book. according to the assessee, the papers found were advance .....
Tag this Judgment!Court : Delhi
Decided on : Dec-02-2005
Reported in : 128(2006)DLT649; 2006(32)PTC15(Del)
..... new or associated mark of the proprietor of the formal mark. however, the doctrine of imperfect recollection must not be pressed too far chappie ltd. v. spratt's patent ltd. (1954) 71 rpc 455. marks are often remembered by general impressions of by same essential feature (de cordova vick chemical co. (1951) 68 rpc 106 ..... marketing services (p) ltd., mysore is stated to employ more than 250 sales and marketing people and the amount spent on advertisements alone for the financial year 2002-2003 is stated to be rs. 389.7 lakhs.7. the plaintiff claims that its strength lies in making innovative and original brands of fragrances keeping in ..... incense sticks in the packaging as is being done at present.86. the plaintiff is, thus, entitled to a decree of permanent injunction against the defendants or anyone acting under the defendants or its retailers, stockists, agents, etc. from in any manner manufacturing or selling agarbathies / incense sticks in the offending packaging under the trade-name .....
Tag this Judgment!Court : Delhi
Decided on : Dec-02-2005
Reported in : AIR2006Delhi148; 125(2005)DLT433; 2006(86)DRJ34
..... specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962 (16 of 1962), where such wills are made within the local limits of the ordinary original civil jurisdiction) of the high courts at calcutta, madras and bombay, and ..... proceedings are stated to be initiated for grant of probate of subsequent will. 15. the petitioners do not dispute the contents of the order dated 19.09.2002 in is no. 1858/2002 which are as under :'after considering the submissions made by learned counsel for the parties, this court is of the considered view that the application filed ..... the partners, by the court on 28.09.1981 and none of the partners have challenged the said statements thereafter. the petitioners herein had filed is no. 1858/2002 in the said suit for modification of the preliminary decree on the basis that the petitioners had come to know about one registered will dated 26.12.1974, and .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2005
Reported in : 125(2005)DLT423; 2006(86)DRJ73
..... for the appellant in this regard.21. since respondent no. 1 fulfilled the conditions laid down in the policy of 1961, as amended in 1989, we find no reason to interfere with the judgment and order passed by the learned single judge. 22. under the circumstances, ..... , 1961, the delhi government appears to have come out with a scheme (amended in 1989) wherein it was decided that persons whose land had been acquired under the provisions of the la act are entitled to an alternative residential plot subject to fulfilling certain conditions. two relevant ..... of the proceedings instituted by respondent no. 1 merely recognized or declared her claim to bhumidari rights under section 85 of the dlr act. this recognition or declaration must necessarily relate back to 1986-87 when she claims to have acquired bhumidari rights, or three years ..... madan b. lokur, j.1. this appeal under clause x of the letters patent is directed against the judgment and order dated 27th march, 2003 passed by a learned single judge of .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2005
Reported in : [2006]132CompCas113(Delhi); (2006)2CompLJ360(Del); 2006(86)DRJ6
..... cannot said that still procedure should have been followed under sections 81(1), 100, 101, 102 and 103 of the act and without there being an amendment in the clause relating to authorised share in the memorandum and articles of association, it would be ultra vires. i also ..... the aforesaid purpose which means convening of meeting of the shareholders approving writing down the share capital and increasing authorised share capital by amending memorandum and articles of association, meeting of the board of directors taking such a decision and applying to the high court for reduction ..... 79 1.66nris 04 0.06------------------------------------------------------------------------------total 6542 100.00------------------------------------------------------------------------------15. as already pointed out above, the bifr vide order dated 26th november, 2002 declared the company as sick industrial company and appointed idbi as operating agency under section 17(3) of sica for preparation of the scheme. .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2005
Reported in : 126(2006)DLT302; 2006(86)DRJ345
..... application should be processed. clarification issued by government of india on 15.11.2000 is to the following effect:-subject: clarification/amendment in conversion policy from lease hold to free hold-inclusion of gift deed for the purpose.sir,i am directed to refer ..... since precedents always have a value, i may but note a few judgments on the point. in the decision reported as : 100(2002)dlt370 h.r. vaish v. uoi, s.k. kaul, j. noting clause 1.16 of the original conversion policy as modified vide ..... of vacation of misuse or up to 28.6.1999, whichever is earlier. circular dated 11.8.2003 no. f1(2)2002/ao(r)misc./pt./89 was issued. the same reads as under:-circularthe issue of levy of misuse charges was discussed during ..... away. as amended, at the request of dda, central government would acquire lands and place the same at the disposal of dda. the delhi development authority (disposal of developed nazul land) rules 1981 were framed. by virtue of section 22 of delhi development act, land which .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Dec-09-2005
Reported in : (2006)105TTJ(Delhi)445
..... by deleting section 17(2)(iiia) and providing an explanation below section 17(2)(iii). sub-section (2b) in section 49 inserted by the finance act, 1999, has also been deleted. under the amended provisions, such shares will only be subjected to capital gains tax at the time of sale by the employee. the difference between the consideration and ..... argument in para 6.7 of his order, which has been challenged before us.6. the matter was initially heard by the bench on 11th sept., 2002, 13th sept., 2002 and 16th sept., 2002. therefore, at our instance written submissions from the appellant, were filed on the 18th feb., 2003 and in response to which, the department filed their submissions ..... income for this period in this regard in any country including usa other than india, as this fact is evident from the assessee's letter dt. 13th sept., 2002, which shows that the assessee has also treated this income as arising in india and not in usa as capital gain.19. against this addition, an appeal was .....
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