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2022 (5) TMI 1478 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Preferential transaction - Financial Debt - novation of the earlier agreement with an entirely new agreement as per Section 62 of the Indian Contract Act, 1872 - disbursement of amount against the consideration of time value of money as required under Section 5(8) of the Code - Section 43 of I B Code - HELD THAT:- It is undisputed fact that money has been received by the Corporate Debtor in different tranches. The object of all these payments are to meet the requirement of Memorandum of Un... ... ...
2021 (9) TMI 1475 - MADRAS HIGH COURT Seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 - It is submitted by the appellant that the relevant suit was filed before the Commercial Division in this High Court came to be established and, upon the Commercial Division being established, the suit was transferred from the ordinary Original Side to the Commercial Division in accordance with the said Act. HELD THAT:- It is possible that the source of the power is provided in a particular statut... ... ...
2021 (5) TMI 1001 - ITAT DELHI Revision u/s 263 by CIT - Approval of the Addl. CIT had been received u/s 153D - Whether assessment order under section 153B(1)(b) read with Section 143(3) which is approved by the JCIT under section 153D could be revised by the Learned PCIT under section 263 ? - HELD THAT:- As search was conducted in the case of assessee on 21.07.2016. The A.O. proceeded to pass the assessment order under section 153B(1)(b) of the I.T. Act read with Section 143(3) of the I.T. Act, 1961. It is also not in dis... ... ...
2017 (12) TMI 338 - BOMBAY HIGH COURT Compulsory amalgamation of allegedly loss making wholly owned subsidiary (NSEL) with its profit making holding company (FTIL) in public interest - Whether the impugned order was made in violation of the principles of natural justice and fair play? - Held that:- In this case, proceeding on the basis that the impugned order is an administrative or at the highest a quasi judicial order as urged by the petitioners, we find that there was no breach in compliance with the principles of natural justic... ... ...
2015 (2) TMI 1043 - JHARKHAND HIGH COURT The court upheld the Jharkhand Entertainment Tax Act, 2012, allowing the state to levy entertainment tax on DTH services, separate from the Union's service tax on broadcasting. The retrospective application of the Act was validated, with no prejudice found against the petitioners. The court dismissed claims of discrimination in tax rates between DTH and cable TV services, citing reasonable classification. However, it ruled that the cost of set-top boxes should be excluded from the taxable amount, applying the principle of severability. The writ petitions were dismissed, and interim orders vacated.
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