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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 2012 Page 3 of about 80 results (0.126 seconds)

Sep 28 2012 (SC)

Chloro Controls (i) Pvt Ltd. Vs. Severn Trent Water Purification Inc. ...

Court : Supreme Court of India

Decided on : Sep-28-2012

..... separate arbitrators on virtually the self-same question, such as causation. it is very desirable that everything should be done to avoid such a circumstance [abu dhabi gas, 427]83. we have already referred to the contention of mr. fali s. nariman, the learned senior counsel appearing for the appellant, that the provisions of section ..... or whether they included electro-chlorination equipment as well. the applicant had prayed for an order of restraint, preventing respondent nos. 1 and 2, the foreign collaborators, from acting upon their notice dated 23rd january, 2004, indicating termination of the joint venture agreements and the supplementary collaboration agreement. a further prayer was made for grant of injunction against ..... arbitration unless the agreement is null and void, inoperative or incapable of performance.89. still, the legislature opted to word section 45 somewhat dissimilarly. section 8 of the 1996 act also uses the expression parties simpliciter without any extension. in significant contra- distinction, section 45 uses the expression one of the parties or any person claiming through or ..... agreement executed between the parties. this agreement stipulated distinct terms and conditions which had to be adhered to by the parties while the capital control company inc. was to act as sole and exclusive agent for sale of the products. the products under the agreement meant design, supply, installation commissioning and after-sale services of chlorination systems and .....

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May 08 2012 (SC)

Bipromasz Bipron Trading Sa Vs. Bharat Electronics Limited(Bel)

Court : Supreme Court of India

Decided on : May-08-2012

..... the petitioner to entertain the plea that the arbitrator appointed by the respondent would not be impartial. the cmd itself would not be able to act independently and impartially being amenable to the directions issued by the ministry of defence. in similar circumstances, this court in the case of denel ( ..... following the agreed procedure of referring the dispute to the named arbitrator, appoint an independent arbitrator in accordance with section 11(8) of the act. in other words, referring the disputes to the named arbitrator shall be the rule. the chief justice or his designate will have to merely ..... admn., where there is material to create a reasonable apprehension that the person mentioned in the arbitration agreement as the arbitrator is not likely to act independently or impartially, or if the named person is not available, then the chief justice or his designate may, after recording reasons for not ..... case of the respondent that prior to the filing of the petition before this court, the chairman-cum-managing director, as sole arbitrator, has duly acted and exercised the power in appointing mr. r. chandra kumar, general manager (kot), bharat electronics ltd., district pauri garhwal, kotdwara-246149, as the ..... appealing against it or otherwise having it set aside. this is based upon, as observed by rajmannar, c.j. in muthia chettiar v. cit "a salutary and just principle". the application of this rule so far as the aggrieved party is concerned is not dependent on the provisions of .....

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May 11 2012 (SC)

State of M.P. Vs. Rakesh Kohli and anr.

Court : Supreme Court of India

Decided on : May-11-2012

..... from others had been well recognized. the court cannot sit in judgment over their wisdom. she relied upon decisions of this court in balaji v. income tax officer, special investigation circle, akola and others[1]; state of a.p. and others v. mcdowell and co. and others[2]; ramesh chand ..... of immovable property. the classification, thus, cannot be said to be without any rationale. it has a direct nexus to the object of the 1899 act. the conclusion of the high court, therefore, that the impugned provision is arbitrary, unreasonable and irrational is unsustainable.31. consequently, these appeals are ..... occupations or the like and what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration.22. in mohd. hanif quareshi15, the constitution bench further observed that there was always a presumption in favour of constitutionality of an ..... can be struck down by just saying that it is arbitrary or unreasonable. some or other constitutional infirmity has to be found before invalidating an act. an enactment cannot be struck down on the ground that court thinks it unjustified. parliament and the legislatures, composed as they are of the ..... of instrumentproper stamp duty45. power of attorney [as defined by section 2(21)] not being a proxy:-when authorizing one person or more to act in single transaction, including a power of attorney executed for procuring the registration of one or more documents in relation to a single transaction .....

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Apr 04 2012 (SC)

Amrit Bhanu Shali and ors. Vs. National Insurance Co. Ltd. and ors.

Court : Supreme Court of India

Decided on : Apr-04-2012

Reported in : AIR2012SCW3901; 2012(6)SCJ59; 2012(6)ALD2(SC); 2012ACJ2002(SC)

..... sale handset mobile and also took tuitions and used to earn rs. 10,000/- per month. the deceased-ritesh bhanu shali also used to file income tax returns. the income tax returns filed by his son-ritesh was produced in the court as exhibit p-10 and the photocopies of which is exhibit.p-10-c. no ..... of 17 and brining it down to the multiplier of 13.19. the appellants produced income tax returns of deceased-ritesh bhanu shali for the years 2002 to 2008 which have been marked as ext.p-10-c. the income tax return for the year 2007-2008 filed on 12.03.2008 at raipur, four months ..... the parent(s) and siblings is likely to be cut drastically. further, subject to evidence to the contrary, the father is likely to have his own income and will not be considered as a dependant and the mother alone will be considered as a dependant. in the absence of evidence to the contrary, ..... delhi transport corporation and another, reported in (2009) 6 scc 121, but the learned tribunal has applied the multiplier of 17. therefore, without changing the annual income and other amounts as awarded by the tribunal on other heads, in our opinion, the multiplier of 13 would be appropriate in the instant case. thus the compensation ..... to be the dependent on the deceased they filed motor accident claim case no.80/2008 before the tribunal u/s 166 of the motor vehicles act, 1988 (for short, 'the act') for award of compensation to the tune of rs.25,50,000/-.5. the non-applicants, owner of the car, driver and national insurance .....

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Apr 25 2012 (SC)

Rashtriya Ispat Nigam Ltd. Vs. Dewan Chand Ram Saran.

Court : Supreme Court of India

Decided on : Apr-25-2012

..... 9.3 thereof read as follows:- "9.3. the contractor shall bear and pay all taxes, duties and other liabilities in connection with discharge of his obligations under this order. any income tax or any other taxes or duties which the company may be required by law to deduct shall be deducted at source ..... the division bench dismissed the appeal by holding as follows: "16. as noted, the respondents are not "assessee" under the service tax act. the appellants are, being recipients, resisted and have filed the return. it is, therefore, the appellant"s obligation to pay the service ..... ltd. vs. union of india reported in [2005 (4) scc 214]. this judgment discusses the evolution of the service tax as to how service tax was introduced by the finance act, 1994, how the meaning of taxable service was extended in 1997, and how the definition of assessee subsequently included the person ..... no jurisdiction to do, namely, substitution of its own evaluation of the conclusion of law or fact to come to the conclusion that the arbitrator had acted contrary to the bargain between the parties" submissions on behalf of the respondent18. learned senior counsel for the respondent mr. rai, on the other ..... following clauses had been substituted, namely- '(18-a) "goods carriage" has the meaning assigned to it in clause (14) of section 2 of the motor vehicles act, 1988; (18-b) "goods transport operator" means any commercial concern engaged in the transportation of goods but does not include a courier agency;"; (iii) in .....

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Mar 02 2012 (SC)

Rajesh Talwar Vs. C.B.i and ors.

Court : Supreme Court of India

Decided on : Mar-02-2012

..... members.12. we have already adverted to the fact that against the main accused shri b.r. meena, (irs 1977), commissioner of income tax, income tax appellate tribunal, mumbai, a case has been registered on 29-9-2005 under section 13(2) read with section 13(1)(e) of the prevention of ..... offences under section 109 read with section 193 ipc read with section 13(2) read with section 13(1)(e) of the prevention of corruption act, 1988 for having actively aided and abetted respondents 3 to 4 by fabricating false evidence through preparation of false agreements to sell with the object ..... that judges are human beings, not automatons, but it is imperative for a judicial officer, in whatever capacity he may be functioning, that he must act with the belief that he is not to be guided by any factor other than to ensure that he shall render a free and fair decision, ..... be kept in mind while considering an application for transfer of the trial are:(i) when it appears that the state machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution;(ii) when there ..... the insinuation levelled on behalf of the petitioners is contemptuous in nature, and calls for initiation of proceedings against the petitioners under the contempt of courts act, 1971. based on all the submissions recorded hereinabove, it was the contention of the learned counsel for the respondents, that even the third ground raised .....

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May 03 2012 (SC)

Super Cassetts Industries Ltd. Vs. Music Broadcast Pvt. Ltd.

Court : Supreme Court of India

Decided on : May-03-2012

..... income tax appellate tribunal to stay recovery of penalty was under consideration. although, such power was not directly vested in the tribunal, the high ..... been passed by the parliament of the united kingdom and modified in its application to india by the indian copyright act, 1914.29. in support of the submissions made by him, dr. singhvi referred to various decisions, beginning with the decision of this court in income tax officer vs. m.k. mohammed kunhi [(1969) 2 scr 65], wherein the power of the ..... provisions of the1994 act, the court observed that "if the legislature had so desired, nothing prevented it from conferring statutory power upon the election tribunal to grant interim stay or injunction or restraint ..... commission [air 1997 p & h 164], in which the high court was considering a similar question as to whether the election tribunal constituted under the punjab state election commission act, 1994, had the power to pass an injunction so as to restrain an elected representative from assuming office pending adjudication of an election petition filed against him.after considering various .....

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Feb 02 2012 (SC)

Bangalore City Cooperative Housing Society Ltd. Vs. State of Karnataka ...

Court : Supreme Court of India

Decided on : Feb-02-2012

..... declare that the acquisition was not for a public purpose. learned senior counsel relied upon the judgments in m/s. tulasidas khimji v. their workmen (1963) 1 scr 675, third income-tax officer, mangalore v. m. damodar bhat (1969) 2 scr 29, ram sarup v. land acquisition officer (1973) 2 scc 56, sockieting tea co. (p) ltd. v. under secy. to the ..... , the constitution bench considered the question whether the writ petition filed under article 32 of the constitution for refund of the amount forfeited by the sales tax officer under section 21(4) of the bombay sales tax act, which, according to the petitioner, was ultra vires the powers of the state legislature should be entertained ignoring the delay of almost nine years. sikri ..... that even though the petitioner had approached the court with considerable delay, the writ petition filed by it should be allowed because section 12(a)(4) of the bombay sales tax act was declared unconstitutional by the division bench of the high court. bachawat and mitter, jj. opined that the writ petition should be dismissed on the ground of delay. chief justice ..... entered into on this the 21st (twenty first) day of february 1988 between the bangalore city co-operative housing society limited, no.2, seethapathi agrahara, bangalore- 560002, a cooperative societies act, represented by its president and the executive director and hereinafter referred to as the `first party', which term shall mean and include its successors, assigns in office, administrators etc. and .....

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May 14 2012 (FN)

Hall Vs. United States

Court : US Supreme Court

Decided on : May-14-2012

..... two closely related chapters, we decline to create one. [ 7 ] iii petitioners and the dissent advance several arguments for why the postpetition income taxes at issue should be considered incurred by the estate, notwithstanding the irc s separate taxable entity rules. but none provides sufficient reason to overcome the ..... claims arising from the sale of farm as- sets ); bankruptcy abuse prevention and consumer protection act of 2005, 705(1)(a), 119stat. 126 (amending 507(a)(8) to clarify that it only covers income tax claims for taxable years that end on or before the date of the filing of the bankruptcy ..... income tax law, 346(a), and vice versa, 346(b). and given that the bankruptcy code instructs that the as- signment of state or local tax liabilities shall turn on the irc s separate taxable entity rules, there is parity in turning to such rules in assigning federal tax liabilities. in the same act ..... the estate, and may not be taxed to such individual. 92stat ..... chapter-specific division of tax liabilities between the estate and the debtor. bankruptcy reform act of 1978, 92stat. 2565. section 346(b)(1) provided that in an individual-debtor chapter 7 or 11 bankruptcy, any income of the estate may be taxed under a state or local law imposing a tax . . . only to .....

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May 23 2012 (FN)

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Decided on : May-23-2012

..... the principle in marleasing sa v la comercial internacional de alimentaci n c-106/89) [1990] ecr i-4135that section 231 of the income and corporation taxes act 1988 (which provides for a tax credit in respect of distributions paid by uk resident companies) can be given a construction which, however strained, applies it to distributions by companies resident anywhere ..... ] ewca civ 103, [2010] stc 1251. some have been decided and are no longer in dispute. in particular, it is now common ground that corporation tax measures relating to advance corporation tax ("act") and foreign income dividends ("fids") infringed former article 43 (freedom of establishment) and former article 56 (free movement of capital) of the ec treaty, now articles 49 and 63 ..... judgment, and of the facts as to fid "enhancements" in paras 277 to 302. 33. the principal statutory provision giving a tax credit on qualifying distributions between uk-resident companies was section 231 of the income and corporation taxes act 1988 ("ta 1988"). issue 6 before the court of appeal was whether section 231 could be interpreted, under the marleasing principle (marleasing ..... in an age when (for reasons of economy and efficiency) the trend is towards self-assessment of as many taxes as possible. act was self-assessed, as already noted, and so was the tax which hmrc sought to charge under the ultra vires income tax (building societies) regulations 1986 in woolwich. 76. it is helpful to see how the arguments developed as .....

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