Search Results for "Finance Act 1956"

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Search Results for "Finance Act 1956"

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High Court

Bombay High Court Allows Revenue's Appeal on Indexation Benefit for Redemption of Non-Cumulative Preference Shares. Redemption of preference shares is a 'transfer' under Section 2(47) of the Income Tax Act, 1961, and indexation benefit under Section 48 is not available as preference shares are in the nature of debt.

27 Apr 2012

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961, arose from a decision of the Income Tax Appellate Tribunal dated 19 December...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Reopening Based on Change of Opinion Invalid. The court held that without any new tangible material, the Assessing Officer cannot reopen an assessment completed under Section 143(3) beyond four years merely on a change of opinion.

10 Aug 2021

The petitioner, Alok Knit Exports Limited (formerly Niraj Realtors and Shares Pvt. Ltd.), challenged a notice dated 30 March 2019 issued under Section...

High Court

High Court of Bombay at Nagpur Allows Writ Petition for Leave Encashment Against Coal India Limited — Refusal to Pay Earned Leave and Half Pay Leave Encashment to Resigned Director Held Unjustified. The Court held that leave encashment is a vested right and cannot be denied merely because the employee resigned, as per the Coal India Leave Rules.

13 Jul 2012

The petitioner, Omprakash Jiwandas Miglani, joined the nationalised coal sector on 3 March 1976 as Assistant Welfare Officer (Trainee) in Western Coal...

High Court

High Court of Karnataka Quashes Arbitral Tribunal Order Imposing Condition on Petitioner to Deposit Amount for Filing Counterclaim. The court held that the Arbitral Tribunal has no power under the Arbitration and Conciliation Act, 1996 to impose such a condition, as Section 23 does not confer any such power.

28 Nov 2013

The petitioner, Ultra Entertainment Solutions Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dat...

High Court

High Court of Karnataka Declines to Interfere in Tender Award for Ash Handling Plant; Holds Scope of Judicial Review Limited and Finds No Arbitrariness in Awarding Contract to Lowest Bidder Consortium Despite Office Memorandum Barring Chinese Companies.

2 Nov 2022

The writ petition was filed by Macawber Beekay Pvt. Ltd. challenging the notice inviting tender dated 24.06.2022 and the consequent letter of intent i...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Fresh Material. Reopening Based on Mere Change of Opinion on Allowability of Sales Promotion and Physician Sample Expenses is Invalid.

10 Feb 2023

The petitioner, Abbott India Limited (successor of Solvay Pharma India Ltd.), challenged a notice dated 27 March 2015 issued under Section 148 of the ...

High Court

High Court of Judicature at Bombay Allows Appeal Against Acquittal in Negotiable Instruments Act Case — Presumption Under Section 139 Stands Unless Rebutted by Accused. Failure to Rebut Presumption of Legally Enforceable Debt Leads to Conviction Under Section 138 of the Negotiable Instruments Act, 1881.

22 Apr 2016

The appellant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent for d...

High Court

High Court of Karnataka Quashes Tender Notification in Lalbagh Entry Fee Collection Case — Violation of Transparency and Level Playing Field. Fresh Tender Directed with Revised Conditions to Ensure Fair Competition Under Article 14 of the Constitution.

16 May 2023

The petitioner, Karnataka Commercial and Industrial Corporation Pvt. Ltd., a private limited company engaged in manpower services and collection of en...

High Court

Bombay High Court Considers Quashing of Process Issued Under Section 138 NI Act Against Directors Due to Insolvency Moratorium and Insufficient Averments. Complaint Did Not Specify Role of Each Director and Cheques Were Presented After Moratorium Order Under the Insolvency and Bankruptcy Code, 2016.

31 Aug 2018

Background: Two criminal applications under Section 482 CrPC were filed by nine directors of M/s. Amtek Auto Ltd. seeking quashing of process orders i...

High Court

Bombay High Court Dismisses Winding-Up Petition by Deutsche Bank Against Finolex Industries Under Section 433(e) Companies Act, 1956 — Disputed Derivative Transaction Debt Precludes Summary Winding-Up. Court Holds That Winding-Up Petition Is Not a Debt Recovery Mechanism and Dismisses Petition with Costs.

28 Mar 2014

The judgment arises from a Company Petition filed by Deutsche Bank AG, Mumbai Branch, seeking winding-up of Finolex Industries Limited under Section 4...

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