Vinod Solanki vs UOI
Confession statement under coercion-Burden of proof-The Supreme Court set aside the impugned order of tribunal and ordered to refund the amount recovered from the appellant. The tribunals’ order did not [LexDoc Id : 353696]
SC
2008
Coca Cola India Inc. vs ACIT
Computation of Arms length price-Opportunity of being heard before reference to TPO-Before making a reference to the TPO, the AO need not grant an opportunity of being heard.
S.92CA of the Income Tax Act 1961 [LexDoc Id : 353786]
HC (Punjab and Haryana)
2008
Dallah Albaraka (Ireland) Ltd. vs Pentasoft Technologies Ltd.
Winding up: Just and equitable ground-Petitioner bound to convince court of availability of alternative remedy-When a petitioner invoked a just and equitable ground under s.443(2) of the Companies Act 1956 to wind up a company, he should convince the court not [LexDoc Id : 393347]
UOI vs Classic Credit Ltd.
Maintainability of writ petition-Existence of alternative remedy-The High Court held that the writ petition against an order of pre-deposit under s.35 of the FERA Act 1973 was maintainable. The condition precedent f [LexDoc Id : 353935]
Zoom Enterprises Ltd. vs Appellate Tribunal for Foreign Exchange
Offence by company: Liability of managing director prior to taking charge-Offence for violation of s.10(6) of FEMA continuous-The contravention of Foreign Exchange Management Act 1999 or Foreign Exchange Regulation Act 1973 had created a strict liability. The violation of the [LexDoc Id : 347889]
Monotosh Saha vs ED and Anr.
Undue hardship: Not merited by conduct of claimant-Undue hardship caused when hardship not warranted by circumstances-The Supreme Court observed that under Indian conditions the expression ‘undue hardship’ normally related to economic hardship. Undue meant something, [LexDoc Id : 345553]
