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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 1 of about 263,955 results (0.432 seconds)

Oct 04 2019 (SC)

The State of Arunachal Pradesh Vs. Ramchandra Rabidas @ Ratan Rabidas ...

Court : Supreme Court of India

..... t.s. baliah v. t.s. rangachari 9, wherein the appellant was prosecuted both under section 177 of the ipc, and section 52 of the income tax act, 1922. this court held as follows: 6. we proceed to consider the next question arising in this case viz. whether the appellant can be prosecuted ..... both under section 177 of the indian penal code and section 52 of the 1922 act [income tax act, 1922]. at the same time. it was argued on behalf of the appellant that in view of the provisions of section 26 of the general ..... ), no further proceedings in respect of the offence shall be taken against him nor shall he be liable, notwithstanding anything to the contrary contained in this act, to be disqualified for holding or obtaining a licence by reason of his having pleaded guilty.209. restriction on conviction.-. no person prosecuted for an offence ..... to issue appropriate directions to all subordinate officers to ordinarily register cases against offenders of motor vehicle accidents only under the provisions of the m.v. act subject to the exception under s. 304 ipc. 5 3. the present special leave petitions have been filed by the states of tripura and arunachal ..... the prosecution of offenders under the provisions of the ipc is violative of settled principles of law and contrary to the legislative intent of the m.v. act. [para 37 and 37.1 of the impugned judgment]. the high court directed the states of assam, nagaland, x. meghalaya, manipur, tripura, mizoram and .....

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Oct 04 2019 (SC)

Duncans Industries Ltd. Vs. A.j. Agrochem

Court : Supreme Court of India

..... the purposes specified in the code. 21 4. the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest ..... act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, ..... submitted that, therefore, the process of insolvency resolution under the ibc has not been stopped, but what it requires is an additional permission under the tea act for the purpose of initiation of such insolvency proceeding. it is submitted that this should be logical as the management of the tea gardens is already under the ..... . 4.2 it is further submitted by shri shyam divan, learned senior advocate appearing on behalf of the appellant that the winding up process under the companies act, 1956 includes the insolvency proceedings under the ibc. it is submitted that, therefore, initiation of any proceedings for winding up or liquidation by way of insolvency .....

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Oct 03 2019 (SC)

State of West Bengal Vs. Calcutta Club Limited

Court : Supreme Court of India

..... principles, is premised on the theory that a person cannot make a profit from himself. an amount received from oneself, therefore, cannot be regarded as income and taxable. section 2(24) of the income tax act defines taxable income. the income of a cooperative society from business is taxable under section 2(24)(vii) and will stand excluded from the principle of mutuality. 48. also, section ..... bengal, calcutta (1959) supp. 2 scr641 this court had occasion to construe what is meant by constituted under an instrument of partnership, which words occurred in section 26a of the income tax act, 1922. the court held: the word constituted does not necessarily mean created or set up , though it may mean that also. it also includes the idea of clothing the agreement ..... done away with by sub-clause (e) is also clear when sub-clause (e) is contrasted with certain provisions of the income tax act, 1961. section 2(24) (vii) of the income tax act, 1961, reads as under: 2. definitions.- xxx xxx xxx (24) income includes- xxx xxx xxx (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or ..... . on the other hand, body 47 of persons is used to make it clear beyond doubt that corporate persons are not referred to.36. the definition of person in other acts such as the income tax act, 1961 is also very wide, and includes an association of persons or body of individuals, whether incorporated or not see section 2(31) of the .....

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Sep 27 2019 (HC)

Devas Multimedia Private Limited Vs. The Principal Commissioner of Inc ...

Court : Karnataka

..... , to be exercised on different conditions, both may not be held to be overlapping with each other. while examining the scope and limitations of jurisdiction under section 154 of the income tax act, it was held that such a power of rectification could only be exercised when there is an error apparent on the face of the record and that it does not ..... of revision vested under section 263 of the income tax act, it was held by this court as follows at scc para 8: (scc p.330) 8. the scope and ambit of a proceeding for rectification of an order under section ..... ) 2 scc326 a similar situation arose for the interpretation of this court regarding the scope and ambit of section 154 of the income tax act, 1961 vesting the power of rectification as against the power vested under section 263 of the income tax act, which is a power of revision. while examining the scope of the power of rectification under section 154 as against the power ..... such view take very long time with the existing appellate structure. with a view to provide speedy disposal, it is proposed to amend the income-tax act so as to create an alternative dispute resolution mechanism within the income-tax department and accordingly, section 144c has been proposed to be inserted so as to provide inter alia the dispute resolution panel as an alternative resolution .....

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Sep 27 2019 (HC)

Hassan Thermal Power Pvt. Ltd., Vs. State of Karnataka

Court : Karnataka

..... likely lengthy proceedings and unnecessary harassment, the high courts will issue appropriate orders or directions to prevent such consequences. writ of certiorari and prohibition can issue against income tax officer acting the without jurisdiction under section 34, income tax act. to subject a person to 20. much water has since flown under the bridge, but there has been no corrosive effect on these decisions which, though ..... to 1-4-1962, the date on which the income tax act came into force: (scc p. 914, para11) time 11. now it ..... v. m.a. merchant, 1989 supp (1) scc499:1989. scc (tax) 404]. .) inserted by amendment 91 35. we would also like to reproduce hereunder the following observations made by this court in govind das v. cit [govind das v. cit, (1976) 1 scc906:1976. scc (tax) 133]. , while holding section 171(6) of the income tax act to be prospective and inapplicable for any assessment year prior ..... , the meaning of the literal rule of interpretation is simply that we mean what we say and we say what we mean.16. similarly, in the case of commissioner of income tax, kerala v. tara agencies, reported in (2007) 6 scc429 relevant paras. 57 and 58 reads as under:57. the intention of the legislature has to be gathered from the .....

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Sep 25 2019 (SC)

Jignesh Shah Vs. Union of India

Court : Supreme Court of India

..... period would not avail the respondent in that case.24. in allied motors (p) ltd. v. cit, (1997) 3 scc472 this court took the view that the amendment made to section 43-b in the income tax act was retrospective, holding:12. 14. as observed by g.p. singh in his principles of statutory ..... up of the company are two wholly distinct and independent remedies. it is not necessary that every petition under section 433 of the companies act, 1956 ends up in an order of winding up. several essential factors as public interest, justice and convenience enter into the consideration before the ..... the allahabad bank. the bank, in turn, filed a proceeding under section 19 of the recovery of debts due to banks and 17 financial institutions act, 1993 in 2001 before the debt recovery tribunal, calcutta. the civil suit was also transferred to the debt recovery tribunal, calcutta where both proceedings ..... this judgment clinches the issue in favour of the petitioner/appellant. with the introduction of section 238a into the code, the provisions of the limitation act apply to applications made under the code. winding up petitions filed before the code came into force are now converted into petitions filed under the ..... pvt. ltd. (supra) in which section 238a of the code was referred to, which states as follows: 238a. limitation. the provisions of the limitation act, 1963 (36 of 1963) shall, as far as may be, apply to the proceedings or appeals before the adjudicating authority, the national company law appellate .....

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Sep 18 2019 (SC)

Vasant Ganpat Padave(d) by Lrs. Vs. Anant Mahadev Sawant (Dead) Thru ...

Court : Supreme Court of India

..... makes a consistent enactment of the whole statute. 29. in k.p. verghese v. ito (1981) 4 scc173 this court dealt with the correct interpretation of section 52 of the income tax act, 1961. read literally, the moment there is transfer of a capital asset by an amount less than the fair market value, the fair market value is to be taken instead ..... eviction on the ground of bona fide requirement . is also enough indication in support of 33. in c.w.s. (india) limited v. commissioner of income tax (1994) supp. 2 scc296 section 40(c)(iii) of the income tax act, 1961 came up for discussion. the court held: 10. now, it may be noticed that section 40(a)(v) is only an expanded version of ..... considerations which incline us to accept this construction of section 52 sub- section (2). the assessee has actually received a 30. in cit v. j.h. gotla (1985) 4 scc343 the true construction of section 24(2) of the income tax act, 1922 was before the court. following verghese s case (supra), the court held: 44. our attention was also drawn to the decision ..... intended by the legislature, there is little reason to believe that it represents the legislative intent. 28. in commissioner of income tax, central calcutta v. national taj traders (1980) 1 scc370 this court construed section 33-b of 39 the indian income tax act, 1922 in order to avoid a manifestly absurd result as follows: according to the construction contended for by the assessee and .....

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Sep 18 2019 (SC)

M/S. Tecnimont Pvt. Ltd. (Formerly Known as Tecnimont Icb Pvt. Ltd) Vs ...

Court : Supreme Court of India

..... permissible to enact a law that no appeal shall lie against an order relating to an assessment of tax unless the tax had been paid. such a provision was on the statute book in section 30 of the indian income tax act, 1922. the proviso to that section provided that . . . no appeal shall lie against an ..... order under sub-section (1) of section 46 unless the tax had been paid . such conditions merely regulate the exercise of the right of ..... staying proceedings as will prevent the appeal if successful from being rendered nugatory. the high court also referred to the decision of this court in commissioner of income tax v. bansi dhar & sons and others2. finally the high court concluded :- to pass an order of it is, thus, concluded that even when ..... (1) for it may pass such orders as it thinks fit after giving full hearing to both the parties to the appeal. if the income tax officer and the appellate assistant commissioner have made assessments or imposed penalties raising very large demands and if the appellate tribunal is entirely helpless in ..... the act relating to stay of recovery during the pendency of an appeal it must be held that no such power can be exercised by the tribunal, suffers from a fundamental infirmity inasmuch as it assumes and proceeds on the premise that the statute confers such a power on the income tax officer .....

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Sep 16 2019 (SC)

The State of Odisha Vs. Anup Kumar Senapati

Court : Supreme Court of India

..... offence under section 52 of the income tax act, 1922 continued even after its repeal. in commissioner of income tax, u.p. v. shah ..... sadiq and sons, (1987) 3 scc516 p.524: air1986sc1217 section 6 of the general clauses act was again applied to continue the right of set ..... 398. but see tiwari kanhaiyalal v. commissioner of income tax, air1975sc902: (1975) 4 scc401 which holds that the detailed savings contained in section 297, of the income tax act, 1961 are not exhaustive. recourse, in this case, was taken to section 6, general clauses act for holding that a person's liability for an ..... off accrued under section 24(2) of the 1922 act after its repeal by the 1961 act. [note: ..... only be eligible for consideration for block grant for being notified as aided educational institutions under clause (b) of section 3 of the act, namely: (1) higher secondary schools or junior colleges recognised by government and affiliated to the council imparting instructions and presenting regular candidates for .....

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Sep 12 2019 (SC)

M/S Shree Vishal Printers Ltd. Etc. Etc. Vs. Regional Provident Fund C ...

Court : Supreme Court of India

..... raj s continental export (supra), dharamsi morarji was followed since the two entities had separate registration under the factories act, 1948, central sales tax act, 1956, income tax act, 1961, employees state insurance act, 1948 separate balance sheets and audited statements and separate employees working under them.19. as against that in rajasthan ..... . the accounts of the two entities were maintained by the same set of clerks. separate registration under the factories act, the sales tax act and the esi act were held to be of no relevance and the two units were held to be one establishment for the purpose of the provident ..... upon for this purpose is in l.n. gadodia & sons and anr. v. regional provident fund commissioner4. this case dealt with the said act and the question which arose was whether two sister concerns, having different dates of incorporation, could be treated as two separate establishments. the judgments in ..... appeals are concerned with this exemption provision as the three establishments in question claimed exemption in respect of application of this provision of the said act.4. the three appeals filed before us are by three limited companies (two separate legal entities and one, an establishment of the parent company ..... funds act. 11. now turning to the facts of the cases before us, we may note at the inception itself, .....

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