Held In our view, Section 138 of the Act does not admit of any necessity or scope for reading into it the requirement that the directors of the Company in question must also be issued individual notices under Section 138 of the Act. Such directors who are in charge of affairs of the Company and… Read More »
Held we do not think the proviso should be given a greater or more significant role in interpretation of the main part of the notification, except as carving out an exception. It means and implies that the requirement of the proviso should be satisfied i.e. manufacturing dealer should not have charged the tax. The proviso… Read More »
Period of limitation Facts of the Case The Assessing Officer sent notices to the respondent- assessee in Form ST-XIV forAssessment Years 2000- 01, 2001-02, 2002-03 and 2003-04., i.e., after the expiry of three years. The assessee took an objection that these notices were sent beyond the period of assessment and, therefore, it was not… Read More »
Issue whether the second respondent-Corporation was justified in rejecting the application of the appellant for allotment of retail outlet of petroleum/diesel dealership on the ground that the age proof submitted by her was not of the Secondary School as per the norms, but of a Higher Secondary School. Held NO The requirement of the Corporation… Read More »
Issue whether casual workers are covered under definition of employee as defined in Section 2(9) of the Employees State Insurance Act, 1948 ? Held The definition of the term “employee” in section 2(9) is also wide enough to cover casual employees who are employed for part of wage period. A bare reading of the aforesaid… Read More »
Issue Whether the Chairman, Directors and Officers of Global Trust Bank Ltd. (a private bank before its amalgamation with the Oriental Bank of Commerce), can be said to be public servants for the purposes of their prosecution in respect of offences punishable under Prevention of Corruption Act, 1988 or not ? Held Under Clause (viii)… Read More »
Issue Section 2(1)(o) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 defines NPA. Prior to its amendment by Act 30 of 2004, NPA is defined as ‘an account of a borrower which has been classified’ by a CREDITOR either ‘as a sub-standard asset or a doubtful asset or… Read More »
Facts of the case the respondent is in the business of purchase and sale of Hyundai cars manufactured by Hyundai Motors Limited, Chennai. As a dealer of said cars, both at Kozhikode (Calicut), Kerala where their head office is located and also at Mahe within the Union Territory of Pondicherry where they have a branch… Read More »
How far and to what extent is the State bound by the doctrine of promissory estoppel ? Held It is clear from the letter of the 4th respondent dated 23rd January, 1969 that a categorical representation was made by the 4th respondent on behalf of the Government that the proposed Vanaspati factory of the… Read More »
whether the land would be excluded from the ‘ urban land ‘ only when building is completely constructed thereupon or it would be covered by the aforesaid clause even if the building activity is started and the building is not yet complete ? The purpose and objective of introducing Section 2(e)(a) in the Act was… Read More »