Court : Supreme Court of India
..... they would be entitled to 100% tax exemption.27. it is to be noted that, subsequently, an important development took place. by the 101st amendment act, a sea change in the earlier taxation regime occurred. a uniform tax structure throughout the country has been adopted. the gst council has been constituted, which is empowered to make recommendations to ..... : (1979) 2 scc409:1979. scc (tax) 144]. as to the applicability of the doctrine of estoppel for preventing the government from discharging its functions under the law. in public law, the most obvious 28 (1986) 1 scc13347 limitation and doctrine of estoppel is that it cannot be evoked so as to give an overriding power which it does ..... already discussed herein above, the central government was not bound to continue with a representation made by it in 2003 in view of the change of law by the enactment of the cgst act. however, in order to partly honour the representation made by it, it has decided to refund 58% of the cgst paid by the entities .....
Tag this Judgment!Court : Supreme Court of India
..... delayed payment of statutory liability relating to labour should be allowed in the year of payment like delayed taxes and interest." based on the report, the union introduced amendments to the it act, including an amendment to section 43b; the memorandum explaining the provisions in the finance bill, 2003 in the matter of section 43b. inter alia, reads thus:"the bill also proposes to ..... concerned, article 265 of the constitution [ 265. taxes not to be imposed save by authority of law. no tax shall be levied or collected except by authority of law. ]. prohibits the state from extracting tax from the citizens without authority of law. it is axiomatic that taxation statute has to be interpreted strictly because the state cannot at their whims and fancies burden the .....
Tag this Judgment!Court : Karnataka
..... in evidence.29. subsequent to allowing of ia no.6 dated 01-08-2005, the petition and the income of the deceased came to be amended, thereby, bringing the petition under section 163a of m.v. act. thereafter, he filed another affidavit, wherein, he contended and sworn that, the deceased was earning a sum of rs.3,000/- per month ..... if the income per se is below rs.40,000/-, petition can be converted to the one under section 163a by bringing an amendment. (c) in case, the petition is filed under section 163a of m.v. act, and the evidence on record regarding the income is to the effect that it is above rs.40,000/-, the petition is ..... way of an amendment though the deceased had a higher income?.18. for better understanding, the provisions of section 163a of mv act, is reproduced below:"163a. special provisions as to payment of compensation on structured formula basis. - 10 - mfa no.658 of 2010 (1) notwithstanding anything contained in this act or in any other law for the time being in force or .....
Tag this Judgment!Court : Karnataka Dharwad
..... only by the driver of the tractor and trailer has been rightly appreciated and the second theory of bringing out the 14 amendment to the original claim petition changing the provision of law to section 166 of the imv act cannot be believed to be true. hence, no interference is called for in the present case on hand.22. learned counsel ..... are different. in the provision under section 163-a of the act, it is the theory of no fault liability ..... petition under section 163-a of the imv act and thereafter, when he realized that he has committed a mistake by invoking the wrong provision, he sought for 18 amendment to invoke section 166 of the act which was been allowed by the tribunal. it is no doubt true that as per law, the requirement of ingredients in both these provisions .....
Tag this Judgment!Court : Supreme Court of India
..... is sought to be implemented retrospectively, but merely the procedures are laid down to implement the act of 1988. he stated that the pre amendment act already recognizes benami transactions as contrary to law, and hence no new or substantive law is being made. iii. it is settled law that procedural law can be applied retrospectively, and the bar against retrospective application is only applicable to substantive ..... if the same is declared for taxing purpose, as provided thereunder. such provision under the income tax act did not bar such benami transactions completely, rather it only attempted to legitimize and bring them into the net of taxation. such provision, while disincentivizing transactions beyond the taxation net, had also inevitably accepted the positive factors in recognizing the same. further, it is a .....
Tag this Judgment!Court : Supreme Court of India
..... the supreme court rules suggested in the note of the registrar dated 22.06.1979, pursuant to the constitution (44th amendment) act, 1978, etc. the committee unanimously recommended that the proposed amendments to the rules should not be made. it was further of the opinion that the full court should consider the question whether the ..... a certificate granted by the high court under article 132(1) and/or 134(1)(c) of the constitution, or under any other provision 10 amendment rules 1978 11 of law if the high court has not recorded the reasons or the grounds for granting the certificate; (c) an appeal under sub-clause (a) or ..... to the consequence of the dismissal of the appeal by the co-accused (a4) by a reasoned judgment dated 27 march 2019 on the remedies available to the petitioner in law. 39 the petition is accordingly disposed of. 40 pending application, if any, stands disposed of. .. .. .... ........ . ........j.[dr dhananjaya y chandrachud]. .. .. .... ........ . ........j.[a s bopanna .....
Tag this Judgment!Court : Karnataka
..... has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis butterworth. the petitioner is also a chartered 39 accountant and has been a speaker in various forums on taxation laws and also on the law of money laundering. it is further case of the petitioners that ..... to be in control and supervision of the police staff in the lokayukta and though the said post of director general of police was not - by appropriate amendment of the recruitment rules of the lokayukta staff - included in the cadre of posts in the police wing of the lokayukta - still it had to be ..... complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this act.215. the object of pc act is to consolidate and amend the law relating to prevention of corruption and the matter connected thereto, thereby strengthening of the lokayukta and upa-lokayukta is inevitable and it .....
Tag this Judgment!Court : Karnataka
..... has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis butterworth. the petitioner is also a chartered 39 accountant and has been a speaker in various forums on taxation laws and also on the law of money laundering. it is further case of the petitioners that ..... to be in control and supervision of the police staff in the lokayukta and though the said post of director general of police was not - by appropriate amendment of the recruitment rules of the lokayukta staff - included in the cadre of posts in the police wing of the lokayukta - still it had to be ..... complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this act.215. the object of pc act is to consolidate and amend the law relating to prevention of corruption and the matter connected thereto, thereby strengthening of the lokayukta and upa-lokayukta is inevitable and it .....
Tag this Judgment!Court : Karnataka
..... has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis butterworth. the petitioner is also a chartered 39 accountant and has been a speaker in various forums on taxation laws and also on the law of money laundering. it is further case of the petitioners that ..... to be in control and supervision of the police staff in the lokayukta and though the said post of director general of police was not - by appropriate amendment of the recruitment rules of the lokayukta staff - included in the cadre of posts in the police wing of the lokayukta - still it had to be ..... complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this act.215. the object of pc act is to consolidate and amend the law relating to prevention of corruption and the matter connected thereto, thereby strengthening of the lokayukta and upa-lokayukta is inevitable and it .....
Tag this Judgment!Court : Karnataka
..... has co-authored a commentary titled commentaries on foreign exchange management act, and money laundering law which is published by lexis nexis butterworth. the petitioner is also a chartered 39 accountant and has been a speaker in various forums on taxation laws and also on the law of money laundering. it is further case of the petitioners that ..... to be in control and supervision of the police staff in the lokayukta and though the said post of director general of police was not - by appropriate amendment of the recruitment rules of the lokayukta staff - included in the cadre of posts in the police wing of the lokayukta - still it had to be ..... complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this act.215. the object of pc act is to consolidate and amend the law relating to prevention of corruption and the matter connected thereto, thereby strengthening of the lokayukta and upa-lokayukta is inevitable and it .....
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