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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: supreme court of india Year: 2012 Page 7 of about 80 results (0.105 seconds)

Sep 25 2012 (SC)

Avinash Sadashiv Bhosale (D) Thr. Lrs. Vs. Union of India and ors

Court : Supreme Court of India

Decided on : Sep-25-2012

..... & ors. vs. jaffar imam [1965 3 scr 453], subhash chand vs. state of rajasthan [(2002) 1 scc 702], omar salay mohd sait vs. commissioner of income tax, madras [air 1959 sc 1238], union of india vs. h.c. goel [air 1964 sc 364], narinder mohan arya vs. united india insurance co. ltd. & ..... about the alleged charges involved against the appellant. the criminal proceedings were initiated against the appellant for the offences under the prevention of corruption act on the same set of facts and evidence, which was the basis of the departmental proceedings. the court noticed the observations made in the ..... so heavy, the appellant could not have failed to notice the irregularities. this would lead to a clear inference that either the appellant was acting in connivance with the account holders who were benefitted or he was grossly negligent in performance of his duties. mr. dwivedi then pointed out ..... the entire departmental proceedings are vitiated as the appellant has been made scapegoat for the misconduct committed by other employees of the bank who were acting in connivance with each other. according to mr. jain, the fraud could not have been committed unless there was connivance at every level from ..... held that mr. bhosale failed to discharge his duty with utmost integrity, honesty, devotion and diligence to ensure and protect the interest of the bank and acted in a manner in violation of rule 50(4) of the 1992 rules.15. thereafter, the enquiry proceedings were initiated against mr. bhosale. mr. .....

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Sep 27 2012 (SC)

Commissioner of Income Tax-ii Vs. Krishi Utpadan Mandi Samiti

Court : Supreme Court of India

Decided on : Sep-27-2012

..... for determination in this batch of civil appeals, is as follows:whether amounts transferred by the assessee to mandi parishad would constitute application of income for charitable purposes within the meaning of section 11(1)(a) of the income tax act, 1961?m/s. krishi utpadan mandi samiti, respondent-assessee herein, is a market committee incorporated and registered under the uttar pradesh krishi utpadan ..... directed by the state government or the board.it is not in dispute that both, the mandi samiti and the mandi parishad, are duly registered under section 12aa of the income tax act, 1961 [1961 act, for short]. it is also not in dispute that, after the amendment of section 10(20) and section 10(29) by finance ..... of the market committee fund and the surplus, if any, has to be invested in such manner as may be prescribed. this is one circumstance in the 1964 act to indicate application of income. similarly, under section 19-b(2) of 1964 adhiniyam, the assessee is statutorily obliged to apply market development fund for the purposes of development of market area. under ..... ) to the fund(s) of mandi parishad. even the question framed by court/authorities below is whether amounts transferred by the mandi samiti would constitute application of income under section 11(1)(a) of 1961 act. therefore, the question of voluntary contribution under section 11(1)(d) or under section 12(1) does not arise. the question of control may be relevant .....

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Sep 27 2012 (SC)

Re: Special Reference No. 1 of 2012 [Under Article 143(1) of the Const ...

Court : Supreme Court of India

Decided on : Sep-27-2012

..... it clear that this judgment shall not prejudice any person in the action which may be taken by other investigating agencies under income tax act, 1961, prevention of money laundering act, 2002 and other similar statutes."it needs to be noticed that a review petition came to be filed by the union against ..... language of article 14 uses the word "state" which as per article 12, includes the executive organ. [see: basheshar nath vs. the commissioner of income tax, delhi & rajasthan & anr.[35]]. besides, article 14 is expressed in absolute terms and its effect is not curtailed by restrictions like those imposed on ..... light of the questions raised, upon which the case is decided. [also see: ambica quarry works vs. state of gujarat & ors.[20] and commissioner of income tax vs. sun engineering works (p) ltd.[21]]. in other words, the 'law declared' in a judgment, which is binding upon courts, is the ratio ..... from the extracts from the judgment reproduced below:"24. the orders of the minister reproduced above read: "the applicant has no regular income to support herself and her family", "the applicant is an educated lady and belongs to scheduled tribe community", "the applicant is unemployed and has ..... payment of damages or compensation against the state the ultimate sufferer is the common man. it is the tax payers' money which is paid for inaction of those who are entrusted under the act to discharge their duties in accordance with law. it is, therefore, necessary that the commission when it .....

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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, op.cit.at 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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Oct 01 2012 (FN)

Armgold/Harmony Freegold Joint Venture (Proprietary) Vs. the Commissio ...

Court : South Africa Supreme Court of Appeal

Decided on : Oct-01-2012

..... income is defined as the total amount, in cash or otherwise, received by or accrued to or in favour of the taxpayer during the ..... objection was disallowed. the appellant appealed to the tax court, johannesburg which, on 1 august 2011, dismissed the appeal. with leave of the tax court, the appellant appeals now to this court. [4] it is useful at the outset to consider the general scheme of assessing liability for tax under the income tax act 58 of 1962 (the act). as a starting point, a taxpayer's gross ..... period of assessment. from such gross income are deducted any amounts that are exempt from normal tax in order to calculate the taxpayers income (in the present ..... same year of assessment in carrying on any other trade .... [6] two important factors arise from this: 1. first, as i have mentioned, income as defined in the act is the amount after the deduction from gross income of any amounts exempt from normal tax but before further allowable deductions under part i of schedule ii are made to arrive at the taxpayers taxable .....

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Oct 03 2012 (SC)

Girish Ramchandra Deshpande. Vs. Cen. Information Commr and ors.

Court : Supreme Court of India

Decided on : Oct-03-2012

Reported in : (2013)1SCC212

..... respondent, his family members and friends and relatives at the marriage of his son. the information mostly sought for finds a place in the income tax returns of the third respondent. the question that has come up for consideration is whether the above-mentioned information sought for qualifies to be ..... details as a matter of right.14. the details disclosed by a person in his income tax returns are personal information which stand exempted from disclosure under clause (j) of section 8(1) of the rti act, unless involves a larger public interest and the central public information officer or the state ..... been rightly held to be personal information exempted from disclosure under clause (j) of section 8(1) of the rti act by the cpio and the appellate authority, and ..... of the rti act. it may be pertinent to mention that this issue came up before the full bench of the commission in appeal no.cic/at/a/2008/000628 (milap choraria v. central board of direct taxes) and the commission vide its decision dated 15.6.2009 held that the income tax return have ..... on the ground that the information sought for was qualified to be personal information as defined in clause (j) of section 8(1) of the rti act.3. the petitioner herein had submitted an application on 27.8.2008 before the regional provident fund commissioner (ministry of labour, government of india) .....

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Oct 04 2012 (SC)

Winston Tan and anr. Vs. Union of India and anr.

Court : Supreme Court of India

Decided on : Oct-04-2012

..... stating therein that the subject flat was purchased through legal earnings. by a subsequent letter, he stated that he had explained the sources of acquisition before the income tax authorities. he filed copies of the income tax returns and also stated that his wife fathima kauser ismail received remittances from her brother in 1994. mohd. ismail shabandari was asked by the competent authority to ..... respect of which parliament has power to make laws; or (ii) any property acquired by such person, whether before or after the commencement of this act, wholly or partly out of or by means of any income, earnings or assets in respect of which any such law has been contravened; or (iii) any property acquired by such person, whether before or ..... acquired property in contravention of the provision of sub-section (1), such property shall be liable to be forfeited to the central government in accordance with the provisions of this act.18. section 6 provides for issuance of show cause notice before forfeiture of illegally acquired property while section 7 provides for passing of final orders in that behalf. these provisions ..... a sale deed which was registered in the office of the sub-registrar, bangalore.3. mohd. ismail shabandari was detained under conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short, cofeposa) on 2.5.2003. the detention order came to be passed at the instance of the enforcement directorate, bangalore; his premises were searched on 31 .....

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Oct 15 2012 (SC)

State of Maharashtra Through Cbi, Anti Corruption Branch, Mumbai. Vs. ...

Court : Supreme Court of India

Decided on : Oct-15-2012

Reported in : JT2012(10)SC446

..... respondent on the basis of the same. in fact, it is the income of his wife which was duly proved before the statutory authorities, under the income tax act 1961. subsequent to the conviction of the respondent, the appeal was allowed by the income tax appellate tribunal, mumbai, vide order dated 17.3.2009 wherein, it ..... of central excise, mumbai, for the offences punishable under section 13(2) r/w 13(1)(e) of the act 1988, alleging that he possessed assets disproportionate to his disclosed source of income which was to the extent of rs. 7,64,368/-b) after completing the investigation of the case, the ..... , air 2001 sc 3320, this court examined a case wherein a government servant who had been convicted under the provisions of the prevention of corruption act would lose his job in the event that the conviction was not stayed. the court held that when a public servant is found guilty of corruption ..... and 466 i.p.c. while the other respondents, who are also public servants, have been convicted under the provisions of the prevention of corruption act. in such a case, the discretionary power to suspend the conviction either under section 389 or under section 482 cr.p.c. should not have ..... investigating agency filed a charge-sheet dated 27.12.2000, under the said provisions of the act, 1988. the trial court concluded the trial .....

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Oct 18 2012 (SC)

Sabeeha Faikage and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-18-2012

Reported in : (2013)1SCC262

..... for us to hold that the aforesaid amount of compensation is not adequate in the absence of sufficient materials produced before us to show the age, income of the seafarers and all other factors which are relevant for determination of compensation in the case of death of seafarers (officers and non-officers). we ..... punitive damages, but the same generally requires the malicious intent on the side of the wrong doer, i.e., an intentional doing of some wrongful act. in the facts of the present case, as we have noticed, the surveyor incharge-cum-deputy director general of shipping has requested the flag state ..... more efficiently, they cannot be made liable to pay compensation to the victims of the tragedy. there is no close or direct proximity to the acts of the licensing authority and mcd on the one hand and the fire accident and the death/injuries of the victims. but there was close ..... of officers and 25,000 us dollars in case of death of non- officers is in accordance with the provisions of section 338 of the shipping act, 2004 of saint vincent and the grenadines. he vehemently argued that since the aforesaid compensation amount has been deposited for disbursement to the legal heirs ..... death or disability nor was the employment contract governed by the provisions of the collective bargaining agreements. he submitted that under section 338 of the shipping act, 2004 of saint vincent and the grenadines, the flag state of jupiter-6, the limits of liability of the ship owner have been fixed for .....

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Oct 24 2012 (FN)

Eurofinance Sa and Others Vs. RubIn and Others

Court : UK Supreme Court

Decided on : Oct-24-2012

..... persons who had successfully participated in the scheme by claiming validly in certain sales promotions owned and operated by eurofinance sa. the trustees were to hold the capital and income of tct for the beneficiaries and subject thereto for eurofinance sa as beneficiary in default. the promotion, known as the cashable voucher programme, was entered into with ..... period of six months ending on the date when the administrator was appointed, they constituted unfair preferences and were thus "voidable transactions" under part 5.7b of the australian act. 75. the syndicate (which does not accept that the payments were preferences) refused to accept service of the australian proceedings. the liquidator obtained leave from the australian ..... lord neuberger of abbotsbury, with lord phillips of worth matravers agreeing)) was based exclusively on the statutory power to assist foreign insolvency proceedings under section 426 of the insolvency act 1986, but lord hoffmann (with whom lord walker agreed) also considered that such a power existed at common law. 51. lord hoffmann characterised the principle of universality ..... subject of early discussion by the international law association (1879), the institut de droit international (1888-1912) and the hague conference on private international law (1904): nadelmann, op. cit. pp 299 et seq. 22. in more modern times, the european convention on certain international aspects of bankruptcy (the istanbul convention) was concluded under the auspices of the .....

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