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Commissioner of Income-tax Vs. Drapco Electric Corporation

Court : Gujarat

Reported in : [1980]122ITR341(Guj)

..... made unless the assessee had been heard or had been given a reasonable opportunity of being heard. under section 274(2), which has since been deleted by the taxation laws (amendment) act, 1975, but which was at the material time in the statute book, notwithstanding anything contained in clause (iii) of sub-section (1) of section 271, ..... enacts a rule of evidence and is, therefore, a part of the procedural law, it cannot still be applied to cases governed by section 271(1)(c) as it stood prior to its amendment by the finance act, 1964, because the procedural amendment was closely and inextricably linked up with the change simultaneously introduced in section 271( ..... and does not make further enquiries. being aware of possible harm to others and acting in spite thereof is acting with reckless disregard of consequences. it is worse than negligence, for negligent action is that, the consequences of which, the law presumes to be present in the mind of the negligent person, whether actually it .....

A. Venkatramani Vs. Lic Housing Finance Limited, Rep. by Its Authorise ...

Court : Chennai

Reported in : [2007]135CompCas514(Mad); [2007]78SCL222(Mad)

..... tribunal, on an application made by it, withdraw the application, whether made before or after the enforcement of security interest and recovery of debts laws (amendment) act, 2004 for the purpose of taking action under the securitisation and reconstruction of financial assets and enforcement of security interest ..... has to withdraw the civil suit, this respondent would submit that this respondent is not a notified financial institution under act 51 of 1993 and therefore, the amendment introduced to section 19(1) of the act 51 of 1993 does not preclude the institution of any civil action, the pendency of the civil suit does not amount ..... the' ' financial institutions ' 'under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (act 54 of 2002) (in short 'sarfaesi act'). since common questions of law have been raised in all these writ petitions, they are all disposed of by this common order.3. these writ petitions have been .....

P.G.F. Ltd. Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)

..... with securities market and companies, on matters relating to the issue of capital, and the transfer of securities. accordingly, the principal act of 1992, was amended through the securities laws (amendment) act, 1995, the amendments inter alia introduced provisions to :'(a) regulate the companies on matters relating to issues of capital, transfer of securities and other matters ..... of lack of jurisdiction. the writ petition before the high court had been filed by the appellants before the supreme court, under the taxation of income (investigation commission) act, 1947, praying for the issuance of a writ of prohibition so as to restrain the income-tax investigation commission, located at delhi, from ..... that every entry gives a right to levy a tax. the taxes are separately mentioned and in fact contain the whole of the power of taxation. unless a tax is specifically mentioned it cannot be imposed except by parliament in the exercise of its residuary powers already mentioned. therefore, entry 18 .....

The Sahrdaya College of Engineering and Technology Vs. the University ...

Court : Kerala

Reported in : 2009(3)KLJ185

..... note that the section contains a non-obstante clause. it was brought in by the university laws amendment act 9/95. section 68 a became part of the act on the introduction of chapter 8 a in the calicut university act. it is a special provision in respect unaided colleges. the definition of a 'private college ..... the legislature itself, in its wisdom, was of the opinion that the existing provisions in the statutes, ordinances, regulations, rules, bye-laws or orders framed under the calicut university act, undoubtedly providing for the scales of pay and other conditions of service of the staff and also providing for admissions, selection and fees ..... the powers conferred by sub-section (2) of section 11 of the indian medical council act, 1956 the central government after consulting the medical council of india, hereby makes the following further amendments in the first schedule to the said act, namely in the said first schedule against 'calicut university, calicut' under the heading 'recognized .....

Rajan Gupta Vs Commissioner of Income Tax

Court : Delhi

..... which fall under chapter xix-a, which was not on the statute book during the assessment years 1967-68, 1968-69 and 1969-70 and were introduced by the taxation laws (amendment) act, 1975 with effect from 01.04.1976. explanation 1 to section 158be relates to the manner of computing the period of limitation for, inter alia, passing an order ..... notice under section 143(2) was issued beyond the prescribed period of limitation, the block assessment order under section 158bc(c) of the said act made in pursuance of such a notice was bad in law. in view of this answer to question no.1, it is not necessary for us to answer question no.2. the impugned order is ..... the appellant / assessee, therefore, contended that since the notice under section 143(2) had been issued beyond the time prescribed under the said act, the block assessment order dated 30.07.2004 was bad in law. he also submitted that, in any event, the block assessment order was beyond time in itself inasmuch as the last date for framing the .....

M/S. Indian Metals and Ferro Alloys Ltd. and anr. Vs. State of Orissa ...

Court : Orissa

..... the appellant, a textile mill owner was generating electricity for running his mills. under the provisions of the central provinces and berar electricity duty act, 1949 as amended by the madhya pradesh taxation laws amended act, 1956 the government of madhya pradesh levied upon the appellant electricity duty on consumption. one of the grounds taken by him before the ..... apex court that if the act permitted the levy of duty on electricity consumed by the producer himself it was ultra vires the constitution because in ..... that the authorities are clear that it is not unconstitutional for the legislature to leave it to the executive to determine details relating to the working of taxation laws, such as, selection of persons on whom the tax is to be paid, the rate at which it is to be charged in respect of .....

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Reported in : (2013)1SCC1

..... /warrant of the type referred to therein that are excluded from the applicability of the scr act and not debentures which are separate category of securities in the definition contained in section 2(h) of scr act. section 20 of scr act, which was omitted, by securities laws (amendment) act, 1995, with effect from 25.1.1995, stated that all options entered into after the commencement ..... of the act would be illegal. the introduction of sections 28(1)(b) and 28(2) became necessary because .....

Commissioner of Income Tax Central Vs. Anil Hastkala (P) Ltd. and anr.

Court : Rajasthan

Reported in : (2009)226CTR(Raj)417; [2010]186TAXMAN365(Raj)

..... raised herein for consideration, this court considers it appropriate to take note of scheme introduced under chapter xix-a of the act relating to settlement of cases. it appears to have been inserted by the taxation laws (amendment) act, 1975 w.e.f. april 1, 1976. a somewhat similar provision was contained in sub-sections (1a) to ( ..... 1d) of section 34 of indian income tax act, 1922 introduced in year 1954. however, provisions of chapter xix-a are qualitatively different ..... must be remitted back to settlement commission to decide afresh according to law.3. however though supported the submissions but counsel for revenue has also tried to convince that once orders of settlement commission are not legally sustainable as per amendment made under finance act, 2007 being enforced w.e.f. 01/06/07, proceedings .....

State of Andhra Pradesh and ors. Vs. Larsen and Tourbo Ltd. and ors.

Court : Supreme Court of India

Reported in : 2008(5)ALD85; 106(2008)CLT919(SC); JT2008(9)SC463; 2008(12)SCALE77; (2008)9SCC191; (2009)11VatReporter160; (2008)17VST1(SC); 2008AIRSCW6358

..... law relating to sale of goods. accordingly, this court opined that the expression 'sale of goods' involves existence of an agreement between the parties for the sale of goods in which eventually property passes.14. the judgment of the first case of gannon dunkerley (supra) necessitated an amendment to article 366 of the constitution. thus, the (forty-sixth amendment) act ..... to article 366(29a)(b) of the constitution as held by the impugned judgment of the high court. moreover, it may result in double taxation which may make the said 2005 act vulnerable to challenge as violative of articles 14, 19(1)(g) and 265 of the constitution of india as held by the high court ..... , 1982 to the constitution inserted clause 29a to article 366 of the constitution, inter alia, inserting the definition of 'tax on the sale or purchase of goods'. insertion of clause 29a thus empowers the states to levy the tax on deemed sale. this amendment enables states to levy tax on .....

Dr. M. Ismail Faruqui Etc, Mohd. Aslam, Hargyan Singh, Thakur Vijay Ra ...

Court : Supreme Court of India

Reported in : AIR1995SC605A

..... its sweep, operation and visibility are apparent from fundamental rights and directive principles and their related provisions. it was made explicit by amending the preamble of the constitution 42nd amendment act. the concept of secularism of which religious freedom is the foremost appears to visualise not only of the subject of god but ..... can be regarded as a law for promotion of public health.30. it is significant to bear in mind that entry 42, list iii, as it now exists, was substituted by the constitution ' (seventh amendment) act to read as under:-acquisition and requisitioning of property. before the constitution (seventh amendment) act, the relevant entries read as ..... to take and appropriate private property belonging to individual citizens for public use. this right, which is described as eminent domain in american law, is like the power of taxation, an off-spring of political necessity, and it is supposed to be based upon an implied reservation by government that private property .....