Court : Supreme Court of India
..... filing a revised return under section 139(5) of the income-tax act and taking a contrary stand and/or claiming the exemption, which was specifically not claimed earlier while filing the original return of income is not ..... therefore, claiming benefit under section 10b(8) and furnishing the declaration as required under section 10b(8) in the revised return of income which was much after the due date of filing the original return of income under section 139(1) of the income-tax civil appeal no.6274 of 2013 page 6 of 7 act, cannot mean that the assessee has complied with the condition of furnishing the declaration before the due date of filing the original return of income under section 139(1) of the act. ..... , the revenue is right in submitting that the revised return filed by the assessee under section 139(5) can only substitute its original return under section 139(1) and cannot transform it into a return under section 139(3), in order to avail of the benefit of carrying forward or set-off of any loss under section 80 of the income-tax act. ..... in such a situation, filing a revised return under section 139(5) of the income-tax act claiming carrying forward of losses subsequently would not help the ..... filing the revised return of income, the assessee cannot be permitted to substitute the original return of income filed under section 139(1) of the income-tax act. ..... per intimation issued under section 143(1)(a) of the it act on 27th august 1991, the appellant paid the necessary tax amount. .....
Tag this Judgment!Court : Supreme Court of India
..... it is to be added that all these decisions are based upon the interpretation of the phrase machinery or plant under section 41 of the finance act, 1971 which was applicable and there appears no such distinction for grant of allowance on different heads as provided under section 32 of the income tax act. ..... another decision on the point is in the case of victory aqua farm ltd.21, wherein the issue before this court was whether a natural pond used by the assessee, which was specially designed for rearing prawns, could be a plant within the meaning of section 32 of the income tax act, 1961. ..... it is submitted that section 16(1) of the cgst act is not pari materia with the provisions of the tamil nadu value added tax act, 2006. ..... a building or a warehouse must be considered a plant within the meaning of section 17(5)(d) if it serves as an essential tool of trade with which business is carried on. ..... with the change of scientific, commercial and economic conditions and ways of life new species of property, both tangible and intangible gaining enormous values have come into existence and new means of reaching and subjecting the same to contribute towards public finance are being developed, perfected and put into practical operation by the legislatures and courts of this country, of course within constitutional limitations.109. ..... 30 (2020) 8 scc12931 (1957) scc online sc12civil appeal no.2948 of 2023 etc. .....
Tag this Judgment!Court : Supreme Court of India
..... at this stage, it is required to be noted that approximately 90,000 such reassessment notices under section 148 of the unamended income tax act were issued by the revenue after 1-4-2021, which were the subject-matter of more than 9000 writ petitions before various high courts across the country and by different judgments and orders, the particulars of which are as above, the high courts page 96 of 112 part f have taken a similar view and have set aside the respective ..... it supplemented the existing legal framework of the procedure of reassessment under the income tax act with a remedy grounded in equitable standards. ..... this court must 123 cebreiro gomez, et al, covid-19: revenue administration implications potential tax administration and customs measures to respond to the crisis, world bank group (2022) 19 124 see international monetary fund, policy responses to covid-19 https://www.imf.org/en/topics/imf-and- covid19/policy-responses-to-covid-19 125 in re: interplay between arbitration agreements under the arbitration and conciliation act 1996 and the indian stamp act 1899, 2023 insc1066[159]. ..... municipal committee, 1957 scc online sc18[5]. ..... state of kerala, 1957 scc online sc23page 63 of 112 part d supposed intention of the legislature. .....
Tag this Judgment!Court : Supreme Court of India
..... presumption being in favour of the legislature, the onus is on the petitioner to show there are other individuals or companies equally guilty of mismanagement prejudicially affecting the production of an essential commodity and causing serious unemployment amongst a 32 certain section of the community does not, in such circumstances, arise, for the simple reason that here there has been no classification at all and, in any case, the basis of classification by its very nature is much wider and ..... forming part of the majority) observed thus: .the government of india, as a matter of precaution and lest it should be said that they were 16 going to interfere unnecessarily in the affairs of the company and were not allowing the existing provisions of the law to take their own course, consulted other interests and placed the matter before the standing committee of the industrial advisory council where a large number of leading industrialists of the ..... it could thus be seen that the impugned act, which was enacted with a purpose which was non-existent, would fall under the ambit of manifest arbitrariness and would therefore be violative of article 14 of the constitution. ..... it can thus be seen that fazl ali, j.found that before the act was passed, the matter was placed before the standing committee of the industrial advisory council where a large number of leading industrialists of the country were present. ..... scc (tax) 121]. ..... scc (tax) 121]. ..... scc (tax) 121]. .....
Tag this Judgment!Court : Karnataka
..... commencement date means the date of admission of an application for initiating corporate insolvency resolution process by the adjudicating authority under sections 7, 9 or section 10, as the case may be; 5(17) liquidation commencement date means the date on which proceedings for liquidation commence in accordance with section 33 or section 59, as the case may be; -17- 5(26) resolution plan means a plan proposed by 7[resolution applicant]. ..... the present appeal or any other substantial questions of law that arises for consideration of this honble court, set aside final order no.21234/2023 dated0911.2023(annexure-a) passed by the customs, excise and service tax appellate tribunal, bangalore and it may kindly be held that the proceedings in relation to impugned demands have become infructuous and consequently stands abated and accordingly, any and all liability, if any, of ..... the show cause notice dated 26.3.2012 issued by the respondent, order-in-original was passed on 2.11.2012 and issued on 8.11.2012, wherein the commissioner of central excise and sale tax, mangaluru3, ordered, inter alia, that an amount of `8,06,44,997/- being the central excise duty on rbd palm stearin manufactured and removed, during the period 14.7.2009 to 26.8.2011 ..... appeal is filed by the assessee under section 35g of the central excise act, 19441 challenging the final order no.21234/2023 dated 9.11.2003 passed in excise appeal no.25387/2013 by the customs, excise and service tax appellate tribunal, bangalore2. .....
Tag this Judgment!Court : Supreme Court of India
..... the circumstances noted above, the evidence of the respondent-plaintiff; the disputed agreement and the plaint clearly indicates that the disputed agreement seems to have been prepared on a blank stamp paper on which, the thumb impressions of the illiterate appellant- defendant had been taken prior to ..... land in favour of some other person, thereby dispossessing him, the respondent-plaintiff filed the subject suit8 seeking reliefs in the following terms: - it is therefore respectfully prayed that a decree for specific performance of agreement to sell dated 7.5.2007 with regard to land measuring 30 kanals 8 marlas detail of which is as follows: a. ..... it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against any provision of law and lastly, the decision is one which no judge acting judicially could reasonably have reached. ..... there exist significant blank spaces at the foot of the first two pages below the transcription typed out on these ..... -plaintiff admitted that he used to file income tax returns being an employee of the punjab government, but he did not show the amount of rs.16,00,000/- in the income tax return. e. ..... i file the income tax return because i am employee of ..... never shown my agricultural income in my income tax return. ..... correct that agriculture income also not shown in my income tax return. ..... not shown the amount of rs.16,00,000/- in my income tax return. .....
Tag this Judgment!Court : Karnataka Dharwad
..... , by any such area, it may acquire the land by publishing in the official gazette, a notice to the effect that it has been decided to acquire the land in pursuance of this section: provided that before publishing such notice, the government shall call upon the owner or any other person who, in the opinion of the government, may be interested in such land, to show ..... no.5, in the interest of justice and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, direct the respondents no.1,3 to7to pay damages and relocate all ..... the said judgment, which reads as follows: after possession has been taken pursuant to a notification under section 17 (1) the land is vested in the government, and the notification cannot be cancelled under section 21 of the general clauses act, nor can the ..... made with regard to the scope of sale agreement and execution of power of attorney and its legality and held that immovable property can be transferred/conveyed only by deed of conveyance (sale deed) duly stamped and registered as required by law explaining the nature and scope of an agreement for sale, power of attorney and living will, held, gpa sales or sale agreement/gpa will ..... municipal tax, road tax and other statutory taxes from .....
Tag this Judgment!Court : Karnataka Dharwad
..... , by any such area, it may acquire the land by publishing in the official gazette, a notice to the effect that it has been decided to acquire the land in pursuance of this section: provided that before publishing such notice, the government shall call upon the owner or any other person who, in the opinion of the government, may be interested in such land, to show ..... no.5, in the interest of justice and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, direct the respondents no.1,3 to7to pay damages and relocate all ..... the said judgment, which reads as follows: after possession has been taken pursuant to a notification under section 17 (1) the land is vested in the government, and the notification cannot be cancelled under section 21 of the general clauses act, nor can the ..... made with regard to the scope of sale agreement and execution of power of attorney and its legality and held that immovable property can be transferred/conveyed only by deed of conveyance (sale deed) duly stamped and registered as required by law explaining the nature and scope of an agreement for sale, power of attorney and living will, held, gpa sales or sale agreement/gpa will ..... municipal tax, road tax and other statutory taxes from .....
Tag this Judgment!Court : Supreme Court of India
..... or that of others pertaining to sexually explicit act with children, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with a fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees: provided that provisions of section 67, section 67-a and this section does not extend to any book, pamphlet ..... . in view of section 138-a, once a presumption is raised about a culpable mental state on the part of the accused, that he had stored the silver ingots, to export them outside the country evading payment of custom duties, the accused has to prove as a defence that no such mental state with respect to the act charged, did exist. [...] ..... . in fact, there are several legislations which also contain similar provisions relating to the statutory presumption of culpable mental state, such as section 35 of the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ), section 138a of the customs act, 1962 (for short, the customs act ), section 278e of the income tax act, 1961 (for short, the act, 1961 ) to name a few ..... . niyogi, j.in his judgment also referred to some of the decisions of the calcutta high court and we find ourselves in particular agreement with the following statement of the law in hamid ali bepari v .....
Tag this Judgment!Court : Supreme Court of India
..... government is satisfied [after considering the report, if any, of the collector under section 5a, sub-section (2), or on the report of the officer making an inquiry under section 40 that the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of sub-section (1) of section 40, it shall require the company to enter into an agreement with the appropriate government, providing to the satisfaction of the appropriate government for the following ..... disputed claims, not crystallized on the closing date or guarantees listed in schedule iii a and schedule xi a or any similar instrument by whatsoever name called which have been advance against disputes related to the jal business or the jccl business existing on the closing date, or pertaining to npv of afforestation charges in respect of mining land being block 1, 2, 3, 4 and ningha of dalla plant ..... since the acquisition proceedings for the subject land were initiated by a notification under section 4 of the 1894 act dated 25.07.2008, therefore, the litigation was pending as on 29.06.2017 (the effective date ..... country is a net of intersecting rights which ..... said land contained vital raw material (limestone) for the manufacturing of cement and the usage of 4 such mineral wealth would advance the public purpose of infrastructure development.7. ..... section, land bank means a governmental entity that focuses on the conversion of government owned vacant, abandoned, 25 unutilised acquired lands and tax .....
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