Benami Transactions (Prohibition) Act, 1988
S.4: Benami – Joint family property – Benami Transaction – Since the property is a joint family property and the claim only seeks to proclaim the property as joint family property and not to claim the property to be their own property, the rigor of S..4 of the Benami Act cannot have any application to the facts of the case.
Constitution of India 1949
Art .141 :Precedent – Judicial Discipline – Reference to Larger Bench in case of contradicting views. [ Central Excise Act , 1944 ]
Constitution of India 1949
Art .141 : Precedent – Ex-parte judgment without discussion is Per incurium hence not binding. [ Art .14, Banking Regulation Act 1949 , S,21A ]
Indian Registration Act, 1908
S.30 :Registration – Documents of sale or transfer of the properties must be registered at the place where the immovable property is situated. [ Bihar Amendment Act 1991 , S.30 , Transfer of Property Act ,1882, S.76 ]
S. 80-O : Royalties – Foreign enterprises – services rendered in India and not the ‘services rendered from India -Merely having a contract with a foreign enterprise and mere earning foreign exchange does not ipso facto lead to the application of S. 80-O of the Act- Without any claim for expertise capable of being used abroad rather than in India, would not be entitled to deduction- The burden is on the assessee to prove eligibility to an incentive or exemption provision and it is subject to strict interpretation – Interpretation of taxing statutes – When there is ambiguity in exemption which is subject to strict interpretation, the benefit of such ambiguity cannot be claimed by the subject/assessee and it must be interpreted in favour of the revenue.
Constitution of India 1949
Art .141 :Precedents – Binding nature -Decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or co-equal strength- A Bench of lesser quorum cannot disagree or dissent from the view of the law taken by a Bench of larger quorum – Subject to discretion of the Chief justice to refer the matter to larger Bench or assign the matter to a particular Bench to decide the issue . [ Consumer Protection Act 1986 , S.13(2)(a) ]
Transfer of property Act 1882
S.54: Sale – Power of Attorney – Sale of immovable property through execution of power of attorney sale agreement/general power of attorney/will instead of execution and registration of regular deeds of conveyance deprecated as illegal and irregular – The illegal and irregular process of `Power of Attorney Sales’ spawns several disputes relating to possession and title, and also results in criminal complaints and cross complaints and extra-legal enforcement and forced settlements by land mafia.Therefore request the Solicitor General to appear in the matter and give suggestions on behalf of Union of India. : [Indian Registration Act ,1908 , S.17, 49 ,Power of Attorney Act ,1882 S.2 ]
Indian Stamps Act,1899,
S.54: Stamp Papers – Use of old stamp papers i.e., stamp paper purchased more than six months prior to proposed date of execution may certainly be a circumstance that can be used as a piece of evidence to cast doubt on authenticity of agreement but that cannot be clinching evidence to invalidate the agreement. [ S.47, Indian Evidence Act , 1872 , S.45, 73 ]
Indian Registration Act ,1908 .
S.47: Registered Document – Operates from date of its execution – Not from the date of its Registration [ S.17 ]
S. 14A : Disallowance of expenditure – Exempt income -Not earned any tax-exempt during the relevant assessment year – Mixed funds – No disallowance can be made .[ S.80D (2)(ii) ]