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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 2012 Page 6 of about 80 results (0.091 seconds)

Jul 25 2012 (FN)

Perry and Others Vs. Serious Organised Crime Agency

Court : UK Supreme Court

Decided on : Jul-25-2012

..... obvious explanation for the provisions of part 5 is that they were intended to comply with the obligations of the united kingdom in respect of incoming requests under the strasbourg convention, and to afford similar assistance to states not party to that convention. section 444(1) provides for the ..... that the appeal in relation to the worldwide property freezing order (pfo) should be allowed. 160. we agree that the proceeds of crime act 2002 ("the act") is poorly drafted. nevertheless its objective is clear and can be explained in uncomplicated terms. those who engage in criminal or unlawful conduct ..... and other property held in their own names in an attempt to minimise their exposure to the risk of confiscation or to avoid paying tax. it is therefore reasonable for the investigation to include property owned by mrs lea lili perry, miss yael perry and mrs tamar greenspoon ..... is situated. 162. given the ease with which professional criminals in particular can move their assets around the world, by section 74 the act unsurprisingly makes provision for the enforcement of confiscation orders abroad. it is an elementary principle of statutory construction that legislation in this country which ..... including questions concerning proprietary rights in respect of such property), provided the defender is domiciled in scotland or other requirements specified in the 1982 act are met. at the same time, one would not expect the court to exercise a power to transfer or dispose of moveable property .....

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Jul 26 2012 (SC)

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Jul-26-2012

..... item was carried in the newspaper/s that the state of uttar pradesh had decided to give exemption from sales tax for a period of three years under section 4-a of the u.p. sales tax act to all new industrial units in the state with a view to enabling them, to come on firm footing in ..... use and enjoy the thing owned: the right to manage it, i.e., the right to decide how it shall be used; and the right to the income from it. whereas the right to possess is a right in the strict sense, these rights are in fact liberties: the owner has a liberty to use the ..... leading to and all around the mines. the development of mineral areas is implicit in them. section 25 implicitly authorises the levy of rent, royalty, taxes and fees under the act and the rules. the scope of the powers thus conferred is very wide. read as a whole, the purpose of the union control envisaged by entry ..... 1964 by a notification of governor in the bihar minor mineral concession rules, 1964 were in issue. the court referred to the government of india act, 1935, 1948 act and 1957 act in light of entry 54 of list i and entry 23 of list ii and the earlier decisions in hingir-rampur coal co. ltd.a and ..... under section 2 thereof. the ownership of the mines vests in the state of jharkhand in view of the declaration under the provisions of bihar land reforms act, 1950 which act is protected by placing it in the ninth schedule added by the first amendment to the constitution. while speaking for the constitution bench in waman rao ( .....

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Aug 08 2012 (SC)

Rattan Lal Vs. S.N. Bhalla and anr.

Court : Supreme Court of India

Decided on : Aug-08-2012

..... , appearing for the respondents, mr. mukul rohatgi, learned senior advocate, contended that despite the obligation cast upon the respondents to obtain the necessary sale permission and income tax clearance certificate, the appellant had taken upon himself the responsibility to obtain the same and the respondents could not be made responsible for the appellants failure to obtain ..... of limitation. mr. ahmad submitted that the very fact that the appellant took on himself the burden of assisting the respondents to procure the necessary sale permission and income tax clearance certificate, indicated his willingness and anxiety to complete the transaction. learned counsel submitted that despite the appellants readiness and willingness to complete the sale transaction, ..... the appellant was merely that of a facilitator and the primary responsibility for obtaining permission and clearance from the income tax authorities remained with the respondents. in fact, there is nothing on record to indicate that by his acts, the appellant ever agreed to play a role other than that of a supportive role and that too in ..... under the urban land (ceiling and regulation) act, 1976, for permission to transfer the said property to the purchaser/appellant free from all encumbrances, after obtaining requisite permissions from any other body or authority. in clause 3 of the agreement, the respondents also undertook to obtain the income tax clearance certificate immediately on obtaining the sale permission .....

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Aug 17 2012 (FN)

Servaas Incorporated Vs. Rafidian Bank and Others

Court : UK Supreme Court

Decided on : Aug-17-2012

..... is used for a commercial purpose here, that property is subject to attachment and execution even if it was purchased with tax revenues or some other noncommercial source of government income. conversely, even if a foreign state's property has been generated by commercial activity in the united states, that ..... "property which is for the time being in use or intended for use for commercial purposes" in section 13(4) of the state immunity act 1978 ("the act"). the facts 2. on 9 september 1988 the appellant ("servaas"), which is a company incorporated in indiana, entered into an agreement ("the ..... permit execution, the property must "for the time being" be "in use or intended for use for a commercial purpose". he concluded that the act parallels the fsia on the footing that: "it allows jurisdiction based on mere relationship to a commercial activity, but very clearly permits execution only depending ..... instant appeal is not concerned." "my lords, the decisive question for your lordships is whether in the context of the other provisions of the act to which i have referred, and against the background of its subject matter, public international law, the words 'property which is for the time ..... 4 november 2009 servaas obtained an order registering the judgment in england and wales against the ministry and iraq under the civil jurisdiction and judgments act 1982 ("the registration order"). it was served on iraq on 2 may 2010 and became enforceable against the ministry and iraq in england and .....

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Aug 21 2012 (SC)

Vidur Impex and Traders Pvt. Ltd. and Others. Vs. Tosh Apartments Pvt. ...

Court : Supreme Court of India

Decided on : Aug-21-2012

..... 48 lacs each keeping the same below the prescribed limit of rs.50 lacs with a fraudulent intent to avoid the application of chapter xx-c of the income-tax act.(e) on coming to know of the aforesaid sale transactions, the plaintiff filed application under order xxxix rule 1 & 2 cpc for restraining the defendant ..... he further pleaded that the agreement was void and unenforceable because the requisite permission had not been obtained under section 269 uc of the income-tax act. respondent no.2 also filed suit no. 161/1999 for grant of a declaration that sale deeds executed in favour of the appellants ..... terms as the court deems fit to impose. in exercising its judicial discretion under order 1 rule 10(2) of the code, the court will of course act according to reason and fair play and not according to whims and caprice. (emphasis supplied)29. in kasturi v. iyyamperumal (supra), this court considered the ..... .l (since deceased).(g) though there was restraint order against defendant nos. 4 to 9, i.e. vidur impex & traders and others, not to act upon the impugned sale deeds, they entered into agreement dated 18.3.1997 for transfer of their purported rights and interest in the suit property in favour of ..... in the suit filed by respondent no.1. the appellants also invoked the doctrine of lis pendens embodied in section 52 of the transfer of property act, 1882 and pleaded that having purchased the property during the pendency of the suit by respondent no.1, they have acquired the right to contest the .....

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Aug 22 2012 (SC)

KavitA. Vs. Deepak and Others

Court : Supreme Court of India

Decided on : Aug-22-2012

..... loss of earning due to the said permanent disability in the opinion of this court a lump sum amount deserves to be granted, because the income tax papers of the firm are available on record and she was the partner in the said firm. business is being carried out by other partners ..... kumar (2011) 1 scc 343, this court considered large number of precedents and laid down the following propositions: the provision of the motor vehicles act, 1988 ('the act', for short) makes it clear that the award must be just, which means that compensation should, to the extent possible, fully and adequately restore ..... of medical sciences v. prasanth s. dhananka (2009) 6 scc 1, this court was called upon to assess the compensation payable under the consumer protection act, 1986 to the victim of medical negligence who was left completely paralyzed at the age of 20. after detailed examination of the issue, the court ..... an accident that caused 100% disability and paraplegia below the waist. while determining compensation payable to him in a claim filed under section 110a, motor vehicles act, 1939, this court referred to the judgment of the court of appeal in ward v. james (1965) 1 all er 563, halsbury's laws ..... assessed around 90 %.5. the appellant filed a petition through her husband - shri deepak singhal under section 166 of the motor vehicles act, 1988 (for short, the act) for award of compensation to the tune of rs.85 lakhs by alleging that the accident was caused due to rash and negligent driving .....

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Aug 29 2012 (SC)

Commissioner of Central Excise, Mumbai Vs. Ms. Fiat India (P) Ltd. and ...

Court : Supreme Court of India

Decided on : Aug-29-2012

..... the market and compete with other manufacturer of more or less similar cars. a prudent businessman or woman and in the present case, a company is expected to act with discretion to seek reasonable income, preserve capital and, in general, avoid speculative investments. this court in the case of union of india v. hindalco industries 2003 (153) elt 481, has observed that ..... time, including any amount charged for, or to make provisions for advertising or publicity, marketing and selling, and storage etc., but does not include duty of excise, sales tax, or any other taxes, if any, actually paid or payable on such goods. therefore, each removal is a different transaction and duty is charged on the value of each transaction. the new section ..... . excise duty is leviable on the value of goods as manufactured. that takes into account manufacturing cost and manufacturing profit.51. excise is a tax on the production and manufacture of goods and section 4 of the act provides for arriving at the real value of such goods. when there is fair and reasonable price stipulated between the manufacturer and the wholesale ..... h.l. dattu, j.1. these appeals, by special leave, are directed against the judgment and order dated 21.11.2003 passed by the customs, excise and service tax appellate tribunal, west regional bench at mumbai (hereinafter referred to as the tribunal) in appeal nos. e/3695/02 & e/302/02. by the impugned judgment, the tribunal has reversed .....

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Aug 29 2012 (SC)

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Decided on : Aug-29-2012

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... , the control room and the superior officers. he also noted in the arrest panchnama that the appellant belonged to an economically weaker section, with an annual income of under rupees twenty thousand (rs.20,000/-) per annum. what is important for the present, however, is the note in the record of formalities ..... .130. significantly, he also said before the court that while at the station he heard the announcement on the public address system warning passengers of incoming local trains not to alight from the train and, in case they had to go out, not to come to the main hall but to ..... no means clear, much less transparent. it is often a difference in degree. the distinction gets thinner if a comparison is made of terrorist acts with the acts aimed at overawing the government by means of criminal force. conspiracy to commit the latter offence is covered by section 121-a.550. this answers ..... any vital establishment of the state or any important functionaries of the state. the intent to weaken or terrorize the state may render such an act a terrorist act but it would still not satisfy the ingredients of section 121 of the penal code. the learned counsel went on to contend that, in ..... with entitlement to legal services, and provide for legal services under the act to a very large class of people, including members of scheduled castes and scheduled tribes, women and children and persons in receipt of annual income less than rupees nine thousand (rs 9,000/-) if the case is before a court .....

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Aug 31 2012 (SC)

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

Court : Supreme Court of India

Decided on : Aug-31-2012

Reported in : (2013)1SCC1

..... indicate how the said companies seek to secure the liabilities which the companies have incurred and how they will protect the debenture holders;(e) if returns have been filed under income tax act, 1961, the same may be annexed to the affidavit to be filed.25. civil appeals later came for admission on 9.1.2012 and the interim order granted was ..... the companies act, 1956 substantially incorporated the provisions of the english companies act, 1948. however, there has been considerable shift of principles and concepts after the formation of 1948 english ..... consideration.powers of sebi, central government, (mca), registrar of companies under the companies act and sebi act:54. the companies act, 1956 is a consolidation of the then existing laws, statutory rules and certain judgments laid down by the courts in india and england. this court in commissioner of income tax, gujarat v. girdhardas and co. private ltd. air 1967 sc 795, noticed that ..... receipt of subscription amounts from investors, the appellant-companies had issued different kinds of bonds (described as abode bonds, nirman bonds and real estate bonds, by sirecl; and multiple bonds, income bonds and housing bonds, by shicl). since the term hybrid has been expressed as means any security there can be no doubt that a hybrid is per-se a .....

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Sep 04 2012 (SC)

Gurgaon GramIn Bank. Vs. Smt. Khazani and anr.

Court : Supreme Court of India

Decided on : Sep-04-2012

..... should stand for the benefit of thegramins who sometimes avail of loan for buying buffaloes, to purchaseagricultural implements, manure, seeds and so on. repayment, to a largeextent, depends upon the income which they get out of that. crop failure,due to drought or natural calamities, disease to cattle or their death maycause difficulties to gramins to repay the amount. rather than ..... has failed to exercise a jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or with material irregularity. we find no error/irregularity in the exercise of jurisdiction by the state commission in its impugned order. dismissed ..... as follows: finding recorded by the state commission is a finding of fact, which cannot be interfered with in exercise of revisional jurisdiction. under section 21 of the consumer protection act, 1986, the national commission, in revision, can interfere with the orders only if it appears that the authority below has exercised a jurisdiction not vested in it by law or .....

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