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Reckitt Benckiser (India) Ltd.

Court : Delhi

Reported in : 122(2005)DLT612

..... that in the meeting held on june 18, 2004 the board of directors considered the options available to the company and agreed that the reducing of share capital in accordance with section 10 of the act is the only practical and economically efficient legal option available to the company and, thus, it was proposed to return the capital constituting about 20.15% of its issued and paid-up share capital to selected ..... the petition, the petitioner has filed 'no objection' from 99.96% in value of the affected unsecured creditors, procedure of proof for the unsecured creditor, as required in section 101(2) of the act, was dispensed with -by this court vide order dated august 9, 2004, while taking note of another fact as well, namely, the chartered accountants of the company had given the certificate ..... memorandum is to be altered in the prescribed manner, and the company, as it were, makes a new departure.with these safeguards, which are certainly not inconsiderable, the act apparently leaves the company to determine the extent, the mode, and the incidence of the reduction, and the application or disposition of any capital moneys which the proposed reduction ..... capital should be reduced, and that this reduction would best be effected by paying off one shareholder and cancelling the shares held by him, i cannot see anything in the acts of 1867 and 1877, which would render it incumbent on the court to refuse to confirm such a resolution, or which shows that it would be ultra virus to do so. .....

Yasmeen Mansuree vs.union of India and Ors.

Court : Delhi

..... the aforesaid notification, dated 29th july, 2013, issued by the department of disability affairs, ministry of social justice and empowerment, states that, in accordance with section 32 of the pwd act, an expert committee had been constituted, on 30th december, 2010, under the chairmanship of the additional secretary, ministry of social justice and empowerment, which met on 14th february, 2012, ..... respondents 2 85 3 (the all india institute of medical sciences), to the extent of it being not in tune with section 33 & section 34 of the right of persons with disabilities act, 2016, providing reservations in government services for person with benchmark (disability to an extent of 4 percent horizontal seats, is unreasonable and arbitrary and hence violative of article 14, article 19(1) (g) and article ..... has moved this court, by means of the present writ petition, drawing the attention of this court to what she perceives to be an unfair transgression of the provisions of section 34 of the rpd act, in not including acid attack victims amongst the categories of persons, with disabilities, who could apply in response to the impugned advertisement. ..... take a final decision on whether acid attack victims would, or would not, be eligible to be considered for appointment against the post of nursing officers, in the context of the rights of persons with disabilities act, 2016, within a period of four weeks and issue an appropriate notification, in that regard, on or before 31st october, 2018. .....

Moonbeam Finvest Lease Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)510

..... conditions for reopening assessment are not fulfilled, it no more remains a question of limitation but is a question of jurisdiction and where an action of an executive authority acting without jurisdiction subjects or is likely to subjects a person to lengthy proceedings and unnecessary harassment, the high courts will issue appropriate orders or directions to prevent such consequences. ..... (supra) it was submitted by the learned counsel that assessment in the said case was framed under section 143(1)(a) of the act and in that circumstances it was held by the hon'ble delhi high court that the assessee did not disclose the true source and nature of the receipt and thus no true and ..... has placed reliance on the guidelines issued by icai, however, it ignored the vital aspect as to declare the taxable income under it act and, thus, it was a deliberate act of the assessee and it cannot be held that there was true disclosure of material necessary for assessment. ..... to the p&l a/c, which is not permissible under the law to form 'reasons to believe' as contemplated under section 147 of the it act and consequently the reassessment so framed after assumption of such invalid jurisdiction is not sustainable under the law. 8. ..... that there was no valid material available with the ao to assume jurisdiction under section 147/148 of the it act and accordingly the notice, as issued by the ao under section 148 and the reassessment so made in furtherance of such initiation is invalid and liable to be .....

Commissioner of Income Tax, New Delhi Vs. M/S. Manju Finance Corporati ...

Court : Delhi

..... thereupon, the deputy commissioner of income tax special range 13, new delhi, issued notice under section 158bc of the act dated 06.03.1997 which was duly served on the respondent assessee and return of income for block period was filed in form no.2b on ..... requirement of section 158bd is that the assessing officer of the person searched or against whom an order under section 132a of the act has been passed, should be satisfied that any undisclosed income belongs to a third person. ..... the satisfaction note be prepared by the assessing officer: whether at the time of initiating proceedings under section 158bc for the completion of the assessments of the searched person under section 132 and 132a of the act or during the course of the assessment proceedings under section 158bc of the act or after completion of the proceedings under section 158bc of the ..... the opening words of section 158bd of the act are that the assessing officer must be satisfied that undisclosed income belongs to any other person other than the person with respect to whom a search was made under section 132 of the act or a requisition of books were made under section 132a of the act and thereafter, transmit the records for assessment of such ..... on 29.08.1996 search and seizure operations under section 132(1) of the act were conducted at e-49, naraina vihar, new delhi at the residence of nem chand gupta, ..... is in contrast to the provisions of section 148 of the act where recording of reasons in writing are a sine qua non .....

Commissioner of Income Tax, New Delhi Vs. M/S. Manju Finance Corporati ...

Court : Delhi

..... thereupon, the deputy commissioner of income tax special range 13, new delhi, issued notice under section 158bc of the act dated 06.03.1997 which was duly served on the respondent assessee and return of income for block period was filed in form no.2b on ..... requirement of section 158bd is that the assessing officer of the person searched or against whom an order under section 132a of the act has been passed, should be satisfied that any undisclosed income belongs to a third person. ..... the satisfaction note be prepared by the assessing officer: whether at the time of initiating proceedings under section 158bc for the completion of the assessments of the searched person under section 132 and 132a of the act or during the course of the assessment proceedings under section 158bc of the act or after completion of the proceedings under section 158bc of the ..... the opening words of section 158bd of the act are that the assessing officer must be satisfied that undisclosed income belongs to any other person other than the person with respect to whom a search was made under section 132 of the act or a requisition of books were made under section 132a of the act and thereafter, transmit the records for assessment of such ..... on 29.08.1996 search and seizure operations under section 132(1) of the act were conducted at e-49, naraina vihar, new delhi at the residence of nem chand gupta, ..... is in contrast to the provisions of section 148 of the act where recording of reasons in writing are a sine qua non .....

Digvijay Chemicals Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the senior departmental representative further submitted that s.158bd of the act did not provide for hearing or recording of satisfaction before handing over the seized documents to the ao, bulandshahr ..... we are of the opinion that the action under s.158bd of the act taken in this case was proper and valid. ..... 158bd of the act and there was no invalidity in the impugned block assessment on this account ..... 158bd of the act, did not take away any substantive right of the ..... 158bd of the act, there was no direct nexus and immediate levy of tax on the assessee because after all the undisclosed income had to be determined by the ao, bulandshahr and not by dy ..... 158bd of the act that they contained undisclosed income belonging to the present assessee to be considered by the ao, ..... 158bd of the act about undisclosed income belonging to the present assessee found from the seized books and ..... 158bd of the act must be understood in the sense the word 'satisfaction' had been used in ..... 158bd of the act for handing over the seized documents by the ..... 158bd of the act and the assessee's objections in this regard were not correct ..... 158bd of the act, on the basis of scrutiny of the relevant seized ..... 158bd of the act the handing over of the seized documents by him to the ao of the present assessee was not proper and valid and consequently the ao of the present assessee did not assume proper and valid jurisdiction over ..... 158be(2) of the act, 1961 requiring the assessee to furnish return of income for the above .....

Commissioner of Income Tax, New Delhi Vs. M/S. Manju Finance Corporati ...

Court : Delhi

..... thereupon, the deputy commissioner of income tax special range 13, new delhi, issued notice under section 158bc of the act dated 06.03.1997 which was duly served on the respondent assessee and return of income for block period was filed in form no.2b on ..... requirement of section 158bd is that the assessing officer of the person searched or against whom an order under section 132a of the act has been passed, should be satisfied that any undisclosed income belongs to a third person. ..... the satisfaction note be prepared by the assessing officer: whether at the time of initiating proceedings under section 158bc for the completion of the assessments of the searched person under section 132 and 132a of the act or during the course of the assessment proceedings under section 158bc of the act or after completion of the proceedings under section 158bc of the ..... the opening words of section 158bd of the act are that the assessing officer must be satisfied that undisclosed income belongs to any other person other than the person with respect to whom a search was made under section 132 of the act or a requisition of books were made under section 132a of the act and thereafter, transmit the records for assessment of such ..... on 29.08.1996 search and seizure operations under section 132(1) of the act were conducted at e-49, naraina vihar, new delhi at the residence of nem chand gupta, ..... is in contrast to the provisions of section 148 of the act where recording of reasons in writing are a sine qua non .....

Dynamik Universal Ltd. Vs. Dy Cit Central Circle 18

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)4SOT825(Delhi)

..... the general practice that in property deal the cash transaction is not recorded in the books of account.in order to examine this issue, the case is picked up under section 158bd of the income tax act, 1961: as regards the issue of notice under section 143(2) the cit(a) observed in para 4.15 that since the block assessment is not made under section 143(3), therefore, the issue of notice under ..... , there is no substance in challenging the legality of the notice issued under section 158bc of the income tax act, 1961.it is very important to note that asscssee never objected the legality of the proceedings, initiated under section 158bd of the income tax act, 1961 during the whole block assessment proceedings and return filed in response to notice under section 158bd was not ..... 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. ..... officer is not fettered by technical rules of evidence and pleadings, and he is entitled to act on material which may not be accepted in a court of law, but the supreme court held that there the matter ends, because it is equally pleaded that in making the assessment under sub-section (3) of section 23 of the act, the income tax officer is not entitled to make a pure guess and make an assessment .....

Sreeranganathan K.P., Sreepadam Vadakkkekkottaram (H) and Others Vs. t ...

Court : National Green Tribunal Principal Bench New Delhi

..... relating to environment and the issues involved remain to be decided by the tribunal and the said questions arise out of the implementation of the enactments specified in schedule i to the act and it will be futile to contend that the challenges are made by appellants with respect to other state laws mentioned above and hence, the contention putforth by the respondent/state of ..... the paddy land is left fallow and uncultivated does not mean that the land goes out of the definition of the paddy land under the kerala conservation of paddy and wetland act and also looses the character of natural paddy land except that there is no cultivation of paddy, a paddy land even if left uncultivated for 10 years, serves all other ..... reclamations have already been made prior to 2008 and therefore, there is no illegality in the reclamation done by the 19th respondent since it was prior to the promulgation of the act, 2008 cannot be accepted since the land utilization order was in force and it was by this order several actions have already been initiated against the 19th respondent by the officials ..... the ecosystems and environmental balance of the area, the project proponent facing criminal and vigilance cases, violation of central and state acts like kerala land reforms act, 1963 ( in regard to the land ceiling provision), kerala conservation of paddy land and wetland act, 2008, findings of the legislative committee, commencement of the land filling work at the site prior to ec, non-obtaining of .....

M/S. Reckitt Benckiser (India) Ltd. Vs.

Court : Delhi

..... , if thought fit, to pass with or without modification(s), the following resolution as a special resolution, referred to as a "resolution for reduction of share capital": "resolved that pursuant to the articles of association of the company and section 100 of the companies act, 1956, and subject to confirmation by the honble high court of delhi at new delhi, the issued and paid up equity capital of the company be reduced from rs. ..... as such, the board proposes to return capital to identified equity shareholders in accordance with section 100 of the act, whereby the paid-up equity share capital in excess of its requirements be reduced and that such reduction be effected by canceling and extinguishing of 378,614 equity shares held by lancaster, constituting about 4% of lancasters equity shareholding in the ..... after detailed deliberations, the board of directors of the company are of the view that the reduction of the equity share capital in accordance with section 100 of the companies act, 1956 (the "act") is the only practical and economically efficient legal option available to the company. ..... present petition has been filed under sections 100 to 105 of the companies act, 1956 (for short 'act') read with rule 46 of the companies (court) rules, 1959 (for short 'rules, 1959) for confirming the reduction of share capital of the petitioner-company. 2. .....