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Archive: March, 2011

Posts in March, 2011

Company Law- Delegation of powers and functions to Regional Directors on selective provisions

March 18, 2011 3164 Views 0 comment Print

the Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, Noida and Ahemdabad, the powers and functions of the Central Government under the following provisions of the said Act, namely:- Section 22, Sub-sections (3),(4),(7) and clause (a) of sub-section (8) of section 224, Section 297 (1) Proviso, Section 394-A, Section 400, Second proviso to sub-section (5) of section 439 and sub-section (6) of the said section, Clause (a) of sub-section (1) of section 496, Clause (a) sub-section (1) of section 508, Sub-section (1) of section 551, Clause (b) of sub-section (7) of section 555 and the proviso to clause (a) of sub­section (9) of the said section, Provisos to sub-section (1) of section 610, and Section 627.

Employee opting for voluntary retirement scheme has no right to withdraw

March 18, 2011 2135 Views 0 comment Print

Petitioner was an employee in the 1st respondent – Organization M/s. HMT Ltd. Petitioner availed of a voluntary retirement scheme as on 31.3.2003 that was mooted by the employer and as a result he received an amount of Rs. 6,01,270/-. The employer at the time of paying this amount deducted a sum of Rs. 29,331/- at source under the provisions of Section 192 of the Act and an acknowledgment in Form 16-A was also issued to the petitioner evidencing the deduction of this amount from the amount paid to him and remitted the same to the credit of the Income Tax Department.

RTI- A citizen has a right to safeguard the privacy

March 18, 2011 1460 Views 0 comment Print

Right to privacy has been a subject matter and reiterated in the State of Andhra Pradesh and District Registrar and Collector, Hyderabad and another versus Canara Bank and others (2005) 1 SCC 496. However, the said right is not an absolute right. Right to information is a part of Right to Freedom of Speech and Expression. Section 8(1)(j) of the Act balances right to privacy and right to information. It recognizes that both rights are important and require protection and in case of conflict between the two rights, the test of over-riding public interest is applied to decide whether information should be withheld or disclosed.

Only Caretaker has a Right to move Petition for Right to Die

March 18, 2011 768 Views 0 comment Print

(1) Euthanasia – Right to die – Legality – In 1973, petitioner, staff nurse at King Edward Memorial Hospital (KEM hospital), was sexually assaulted and choked, leaving her blind, deaf, paralysed and in a vegetative state – In 1999, ‘X’ as petitioner’s next friend filed a petition for euthanasia submitting that petitioner should be allowed to die with dignity as there was not the slightest possibility of any improvement in her condition – Whether petition filed by the ‘X’ regarding euthanasia for the petitioner could be allowed?

Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for removal of subordinate judge

March 18, 2011 2267 Views 0 comment Print

Service – Preparation of judgments through third party – Removal from service – Legality (i) Whether High Court was justified in dispensing with enquiry while passing order recommending appellant’s removal (ii) Whether order of removal passed by Governor was within his jurisdiction Constitution – Whether High Court could invoke Article 311(2)(b) of Constitution while passing recommendation for removal of subordinate judge.

CA Pramod Agrawal faces Rs 100 crore income tax demand

March 18, 2011 7021 Views 0 comment Print

Pramod Agrawal, chartered accountant accused of swindling crores of public money, has been slapped with a tax demand of over Rs 100 crore. This is probably biggest ever demand from an assessee in the region. Not just that, the income tax department could slap another Rs 100 crore penalty on Agrawal for concealment of income.

HC justified in dismissing govt appeal for delay in filing without sufficient cause

March 18, 2011 912 Views 0 comment Print

The Union of India ought to have been careful particularly in filing this Civil Appeal because the Division Bench, by the impugned order, has dismissed the appeal before it on the ground of delay. It is a matter of deep anguish and distress that majority of the matters filed by the Union of India are hopelessly barred by limitation and no satisfactory explanations exist for condoning inordinate delay in filing those cases.

Difference between 2G and 3G

March 18, 2011 2537 Views 0 comment Print

2G refers to second generation wireless telecommunication technology developed mainly for voice services and slow data services with data rates upto 9.6Kbps whereas, the 3G (3rd generation) mobile telecommunications is the generic name for the next generation of mobile networks that combines wireless mobile technology with high data rate transmission capabilities. The 3G network is […]

Exemption under Section 10B of Income Tax Act not available to an Industrial undertaking taken over on lease

March 18, 2011 8898 Views 0 comment Print

In the case of Synergies Casting Ltd. v. DCIT it was held that exemption under Section 10B of the Income-tax Act, 1961 (the Act) is not available to an undertaking taken over on lease. Further, the Tribunal held that in order to get the benefit of Section 10B of the Act, for the unexpired period, the taxpayer must prove that it is a successor to the predecessor company. Since the taxpayer was only a lessee it was not a successor to the lessor.

Finmin approves 9.5 percent interest on PF deposits for 2010-11

March 18, 2011 1923 Views 0 comment Print

Finmin approves 9.5% interest on PF deposits for 2010-11 The finance ministry on Thursday approved higher interest rate of 9.5% to over 4.7 crore depositors with the Employees Provident Fund Organisation (EPFO) for 2010-11. The EPFO had been paying 8.5% interest on PF deposits since 2005-06.

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