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Indian Laws - Tribunal - Case Laws

Showing 1 to 20 of 60 Records

  • 2017 (2) TMI 1228

    Legality of promotion to the cadre of ACIT on the basis of All India level seniority list pertaining to the cadre of Income Tax Officers (ITO) - Held that - There exists no All India seniority list pertaining to the cadre of ITOs based on the principles/ directions of the Hon ble Supreme Court in N.R.Parmar (2012 (12) TMI 872 - SUPREME COURT ). The fact that the cadre of ITO is a feeder cadre for promotion to the cadre of ACIT cannot be disputed........ + More


  • 2017 (1) TMI 1218

    Company Petition under Insolvency and Bankruptcy Code, 2016 for realization of this money - Default by Corporate Debtor - Objective under MRU Act - Whether an order could be passed u/s.7 of the Code or not? - Held that - This Bench, on perusal of this documents filed by the Creditor, it is evident that the Corporate Debtor defaulted in making payments as mentioned above, and he has placed the record of the default with Information Utility and he ....... + More


  • 2016 (10) TMI 1107

    Allegations of oppression and mismanagement - Petitioners locus standi to file a petition - period of limitation - Held that - The cause of action, if any, arose to the petitioners on 30.9.2012 and the instant petition having been filed on 25.7.2016 is clearly beyond the period of three years provided by Article 113of the Limitation Act as noticed above. We suggested to the learned counsel that the petition is liable to be dismissed on that count....... + More


  • 2016 (7) TMI 1347

    Violation of section 11C(3) and section 11C(5) of the SEBI Act - disclosure requirement - guilty of violating the 1997 Regulations and PIT Regulations - Held that - Failure to make disclosure during the period from February 20, 2010 till May 2010 cannot be attributed to the appellant and, therefore, the appellant cannot be held guilty of violating the 1997 Regulations and PIT Regulations. Consequently, penalty imposed under section 15A(b) of SEBI....... + More


  • 2016 (6) TMI 1230

    Holding DPC for the purpose of promotion from the cadre of Income Tax Officer (ITO) to the cadre of Assistant Commissioner of Income Tax (ACIT) for the vacancy year 2014-15 - Held that - No material whatsoever has been placed by the respondents before the Tribunal to show that even if the DPC were to consider the officers in the cadre of ITOs as per the All India Seniority List to be published in terms of N.R.Parmar (2012 (12) TMI 872 - SUPREME C....... + More


  • 2015 (4) TMI 1067

    RTI application - Held that - Point A(v) is about the address of the house stated to have been taken on rent of ₹ 10,000/- by Shri S.K. Verma at Bangalore. Point A(vi) is about providing the address of all the Government quarters/residential accommodation allotted to Shri S.K. Verma during his tenure at Bangalore. Point B is regarding providing of details of information whether the matter regarding fraudulent claim of income tax deduction b....... + More


  • 2015 (4) TMI 482

    Violation of Regulation 3(a), 4(1) and 4(2)(a),(b),(e) and (g) of SEBI PFUTP (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 - Violation of Regulation 7 read with Clause A(1), A(3), A(4) and A(5) of Code of Conduct for Stock Brokers under SEBI (Stock-Brokers and Sub-Brokers) Regulations, 1992 - Self trading - Shares purchased at higher price and sold at lower price. - Held that - Regarding su....... + More


  • 2015 (2) TMI 549

    Denial of information sought under RTI Act - Exemption from disclosure of Rule 8(1)(d) of RTI Rules - Held that - Rule 8(1)(d), which exempts certain information from disclosure. The same relates to information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the dis....... + More


  • 2014 (4) TMI 1181

    Seniority between Income Tax Inspectors of the Income Tax Department - wilful disobedience in matter - Held that - Chairperson of the C.B.D.T has submitted an affidavit on behalf of the respondents in which she has categorically denied any willful disobeyed in this matter. She has stated that the seniority list of ITOs working under different charge is maintained by the respective charges (CCAs). However, for the purpose of consideration of ITOs ....... + More


  • 2014 (1) TMI 817

    Request for document - Right to information - Enquiry Report is pending with competent authority for taking appropriate action - Denial under Section 8(1)(h) of RTI Act - Held that - provisions of Section 8(1)(h) will not apply in this case because no further investigation is pending. The action that is to be taken on the report cannot be considered as a process of investigation . Therefore the CPIO is directed to furnish the information asked fo....... + More


  • 2013 (10) TMI 48

    Doctrine of legitimate expectation - direction of purchase the air tickets from specified airlines only - Abuse of dominant position - it was averred that the Government had position of dominance and the same was being used only in favour of Balmer Lawrie & Co. and M/s. Ashok Travels & Tours Ltd. thereby depriving the other travel agents who were members of the informant/appellant s business. It was pointed out that because of the aforeme....... + More


  • 2013 (8) TMI 253

    Applicability of Section 129(6) of the Customs Act on a person appointed as member(judicial) of CESTAT Held that - The phrase on ceasing to hold the office .. member shall include only those members who acquired right to hold office after their confirmation and not a member who is discharged during probation Also, in terms of Rule 3(2) of Customs, Excise and Service Tax Appellate Tribunal Members (Recruitment and Condition of Service) Rules, 1987....... + More


  • 2013 (2) TMI 507

    Breach of provisions under Section 4 of Competition Act, 2002 - abused of dominance position - Appellant-company was engaged in development of telecommunication networks, security systems, display systems and traffic management systems filed information against AAI complaining that it was abusing its dominant position by specifying a particular technology, i.e., hydraulic bollards, in its procurement tender invitation notice for bollards, and, th....... + More


  • 2012 (6) TMI 843

    ... ...
    ... ... ity of keeping the officer under suspension at that point of time if the facts and circumstances so warrant. 49. In terms of the above orders, directions and observations, the Original Application is allowed. There shall be no order as to the costs.


  • 2012 (3) TMI 590

    ... ...
    ... ... iance Power Ltd., as the cost of acquisition while computing the Short Term Capital loss. The ground of the Revenue is therefore dismissed. 9. In the result, the appeal of the department is dismissed. Order pronounced in Open Court on 16 - 3 - 2012.


  • 2012 (3) TMI 48

    Difference of opinion of members of Tribunal - Plea filed by applicant being Accountant Member of the ITAT, Chandigarh for invalidation of the transfer order by averring that it is punitive in character alleged difference of opinion in a judicial matter with private Respondent No.4, who made complaint against him Held that - In present case, applicant retained draft judgement of private Respondent No.4 for more than one month, which does not appe....... + More


  • 2010 (11) TMI 862

    ... ...
    ... ... referred to in the impugned order. No effort was made by the counsel for the applicant to distinguish his case from these judgments, therefore, this case being fully covered by the above judgments is dismissed at the admission stage itself. No costs.


  • 2010 (5) TMI 722

    ... ...
    ... ... om 1-4-2010. The register should also indicate the officer who is maintaining the registers so that CPIO shall have advantage in future to have reference to such registers. 8. With the aforesaid observation and suggestion, RTI appeal is disposed off.


  • 2010 (2) TMI 674

    Clubbing of Demand Notice - The Demand Notices are based on the returns filed by the appellants and, therefore, Rule 8 cannot be invoked in this case - The appellants has argued that no opportunity was given and, therefore it de hors the rule and as such the Demand Notices are not sustainable under law. - Appeal cannot be filed against more than one Demand Notice - Each appeal has to be filed against one Demand Notice as per Rule 7(1) of the Text....... + More


  • 2009 (12) TMI 736

    ... ...
    ... ... proper rectification before the next date of hearing. The appellant is satisfied that he shall not insist for further orders for which keeping the appeal pending is undesirable. Accordingly that is disposed off for no cause of action further existed.


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