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Archive: 2010

Posts in 2010

Doctrine of unconscionable contract cannot be invoked for frustrating action initiated by a bank for recovery of its dues under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

December 10, 2010 837 Views 0 comment Print

Those who take loan and avail financial facilities from the bank are duty bound to repay the amount strictly in accordance with the terms of the contract; any lapse in such matters has to be viewed seriously and the bank is not only entitled but duty bound to recover the amount by adopting all legally permissible methods

Decision of SC on constitutional validity of NCLTs under Companies Act not applicable to NTT Act

December 10, 2010 1075 Views 0 comment Print

In all these petitions, the constitutional validity of the National Tax Tribunal Act, 2005 (`Act’ for short) is challenged. In TC No.150/2006, additionally there is a challenge to section 46 of the Constitution (Forty- second Amendment) Act, 1976 and Article 323B of Constitution of India. It is contended that section 46 of the Constitution (Forty-second Amendment) Act, is ultra vires the basic structure of the Constitution as it enables proliferation of Tribunal system and makes serious

From assessment year 2001-02, provision for bad debts is to be added in book profit while computing book profit u/s 115JB

December 10, 2010 636 Views 0 comment Print

We have considered the rival contentions in the light of material placed on record vis-à-vis amendment brought in provisions of section 115JAB by the Finance Act, 2009 by insertion of new clause (i). According to the amended provisio

Section 139 of NI Act does presume existence of a legally enforceable debt or liability

December 10, 2010 12661 Views 0 comment Print

In the present case, the trial court had acquitted the appellant-accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881. This finding of acquittal had been made by the Addl. JMFC at Ranebennur, Karnataka in Criminal Case No. 993/2001, by way of a judgment dated 30-5-2005. On appeal by the respondent-complainant, the High Court had reversed the trial court’s decision and recorded a finding of conviction

After issuance of Circular No.S.O.2561 dated 27-6-1969 under section 16 of Securities Contracts (Regulation) Act, 1956 transactions into securities by (i) Spot delivery contract; (ii) Contract for cash; (iii) Hand delivery and (iv) Special Delivery are only permitted

December 10, 2010 3608 Views 0 comment Print

This Statutory First Appeal under Section 10 of the Special Court (Trial of offences relating to Transactions in Securities) Act, 1992 (in short the `Special Court Act’) is directed against the judgment and decree dated 15.4.2004 passed by the Special Court at Bombay in Suit No.4 of 1998.

Stay Application in ITAT maintainable despite non-filing of stay petition before lower authorities

December 10, 2010 1047 Views 0 comment Print

In view of the decision in Broswel Pharmaceutical Inc vs ITO 83 TTJ 126 (All) it is not mandatory on the part of the assessee to move application before the Revenue Authorities for granting of stay of outstanding demand. Accordingly, there is no merit in the argument of the department that the stay application should be rejected outright since the assessee has not moved any petition before the Revenue Authorities seeking stay of the demand. Seeking stay before the lower authorities is directory and not mandatory.

CBI arrests IRS probationer and Superintendent of Central Excise for demanding and accepting bribe

December 10, 2010 1385 Views 0 comment Print

Complainant, the Manager of a private company at Latur (Maharashtra) alleged that his company had applied on-line for Central Excise Registration with the Nanded Division of Central Excise in May, 2010. The accused officials had inspected the factory

Announcement of Setting up of SICASA Branch at Udupi

December 9, 2010 597 Views 0 comment Print

the Institute of Chartered Accountants of India is pleased to announce the setting up of a Branch of Southern India Chartered Accountants Students’ Association at Udupi with effect from October 28, 2010.

IFRS expected to be effective from April 2011

December 9, 2010 415 Views 0 comment Print

Corporate India is likely to switch to the new accounting system as per schedule as all pending issues related to tax implications required for convergence with International Financial Reporting Standards (IFRS) have been addressed by the finance min

Income Tax officials raid 23 BPTP offices

December 9, 2010 612 Views 0 comment Print

Income Tax officials on Tuesday conducted a search-and-seize operation on several premises of real estate company BPTP under alleged cases of tax evasion. The search was carried out in 23 offices of the company across the NCR to ascertain facts about

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