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Madras High Court Answers Reference Against Assessee in Cenvat Credit Reversal Case for Exempted Goods. Supreme Court Precedent Requires Reversal Even When No Sale Involved Under Rule 57CC of Central Excise Rules, 1944.

The Commissioner of Central Excise, Salem filed a reference case under Section 35H(1) of the Central Excise Act, 1944, seeking an answer to a question...

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Supreme Court Clarifies SEBI's Jurisdiction in Investor Compensation Claims Under Securities Law. SEBI Lacks Power to Award Direct Compensation but Can Order Disgorgement of Ill-Gotten Gains for Restitution Under Sections 11 and 11B of the Securities and Exchange Board of India Act, 1992.

The dispute originated in 2005 when the Securities and Exchange Board of India (SEBI) issued a show-cause notice to M/s. Vital Communications Limited ...

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Supreme Court Upholds Firm's Ownership Over Property Contributed by Partner in Hotel Partnership Case. Relinquishment Deed and Partnership Act Section 14 Confirm Property as Firm Asset, Not Inheritable by Legal Heirs.

The dispute arose from a partnership firm, M/s Hotel Alka Raje, constituted in 1972 by late Bhairo Prasad Jaiswal and his brother Hanuman Prasad Jaisw...

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Bombay High Court Allows Interim Application Seeking Ratification of Sale Under Section 536(2) of Companies Act, 1956 — Court Ratifies Sale of Property by Company in Liquidation to Bona Fide Purchaser for Value Without Notice of Winding Up Petition.

The Bombay High Court allowed an interim application filed by the applicant seeking a declaration that the sale agreement dated 5th September 2007 was...

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Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Lack of Reason to Believe. Transfer of Development Rights Not Constituting Transfer Under Section 2(47) of Income Tax Act, 1961.

The petitioner, Late Bharat Jayantilal Patel (since deceased through legal heir Smt. Minal Bharat Patel), challenged a notice issued under Section 148...

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Bombay High Court Allows Cenvat Credit Appeals in Central Excise Case — Extended Limitation Period Not Invokable Without Suppression of Facts. Credit Denial Unsustainable When Simultaneously Available to Other Factories Under Cenvat Credit Rules, 2002.

The case involves four appeals filed under Section 35G of the Central Excise Act, 1944 by M/s. Sanvijay Rolling & Engineering Ltd. and Sanjay P. Agarw...

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High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

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High Court of Karnataka Dismisses Revenue's Appeal in Block Assessment Case — Unexplained Investments Not Proven as Income. The court held that the Assessing Officer failed to establish that the cash credits and investments belonged to the assessee, and the ITAT correctly deleted the additions.

The case involves appeals by the Revenue under Section 260A of the Income Tax Act, 1961, against the common order of the Income Tax Appellate Tribunal...