12 August 2024


Search Results for Tag : Valuation

News

Issue of Valuation/Court Fees is Not Required to be Tried As Preliminary Issue: Karnataka HC(29.10.2018)

Karnataka High Court has held that when an issue of valuation and/or court fees is raised in a civil suit on the objection of the defendant, the same .....

Tags : Karnataka High Court, Valuation/Court Fees

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Allahabad HC: Sympathy Plays No Role in Matters Relating to Re-Evaluation of Answer Sheets(15.06.2022)

Allahabad High Court has observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an a.....

Tags : Allahabad High Court, Re-Evaluation, Answer Sheet

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Karnataka HC Dismisses Student’s Plea Seeking Evaluation of Project Work Despite Low Attendance(15.10.2020)

Karnataka High Court has dismissed a petition filed by a student of National Law School of India University seeking evaluation of his project work and.....

Tags : Karnataka High Court, Evaluation of Project Work

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ITAT: Non-Compliance of Valuation Will Not Render Assessment Erroneous if Sale is Under SARFEASI Act(15.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that an assessment order cannot be held as “erroneous” for failure to comply with the provi.....

Tags : ITAT, Valuation, SARFEASI

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SC: Burden of Proof on the Customs Department to Establish Undervaluation(10.10.2023)

Supreme Court has held that if the Customs department wants to allege under valuation, it must make detailed inquiries, collect material and also adeq.....

Tags : Supreme Court, Undervaluation, Customs Department

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Court in Writ Petition can Order Revaluation Even When There is No Provision For it: SC(08.02.2019)

Supreme Court has held that a writ court is not powerless in 'rare and exceptional' cases to order revaluation even in cases where there is no provisi.....

Tags : Supreme Court, Revaluation

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Delhi HC Upholds Validity of Rule 3(2) Of Companies (Registered Valuers & Valuation) Rules(12.02.2019)

Delhi High Court has upheld validity of Rule 3(2) of the Companies (Registered Valuers and Valuation) Rules, according to which no partnership entity .....

Tags : Delhi High Court, Companies (Registered Valuers & Valuation) Rules

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Psychological Evaluation of Criminal to be Done Before Awarding Death Sentence: SC(30.11.2018)

Supreme Court has held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess probabili.....

Tags : Supreme Court, Psychological Evaluation of Criminal, Death Sentence

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SC: Expert Evaluation of Tender Not to be Second Guessed Unless Mala Fide Intent(21.12.2020)

Supreme Court has observed that the expert evaluation of a particular tender, particularly when it comes to technical evaluation, is not to be second-.....

Tags : Supreme Court, Evaluation of Tender

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SC Disapproves High Courts' Practice of Calling for Answer Scripts for Ordering Revaluation(07.11.2022)

Supreme Court while disapproving High Courts practice of calling for the answer scripts/sheets to order revaluation has held that re-evaluation cannot.....

Tags : Supreme Court, Re-evaluation, Answer Sheet

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Jharkhand HC: Scope Of Judicial Review In Matters Concerning Re-Evaluation Of Answer Key Is Narrow(28.01.2022)

Jharkhand High Court negating to interfere with the decision of Jharkhand Public Service Commission on disputed answers of the Preliminary Test, state.....

Tags : Jharkhand High Court, Re-evaluation, JPSC

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Bombay HC: Can’t Entertain Application Increasing Valuation of Suit if Pecuniary Jurisdiction Lost(26.02.2024)

Bombay High Court has observed that an application for increasing the valuation of suit cannot be entertained by it when due to increase in pecuniary .....

Tags : Bombay High Court, Valuation of Suit, Pecuniary Jurisdiction

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Fair Valuation of Property Before Sale Through Court to be Used as Market Value: Bombay HC(01.04.2019)

Bombay High Court has held that when there is a sale of property by court, stamp duty be computed on the fair valuation obtained by the court, if sold.....

Tags : Bombay High Court, Fair Valuation of Property

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Del. HC: Can’t Sustain Clandestine Removal and Under Valuation Based on Assumptions and Presumptions(15.03.2024)

Delhi High Court has held that charges of clandestine removal and undervaluation in the absence of direct, credible evidence cannot be sustained merel.....

Tags : Delhi High Court, Under Valuation, Assumptions, Presumptions

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J&K HC: Valuation of Leasehold Interest in Land Can be Done Since it is an Asset to the Company(06.03.2024)

Jammu and Kashmir and Ladakh High Court has held that valuation of leasehold interest in land can be done as it is an asset of the company.

Tags : Jammu and Kashmir High Court, Leasehold Interest, Valuation

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Karnataka HC Directs Universities to Implement Online Digital Evaluation System(20.04.2021)

Karnataka High Court has directed the State government to mandate all state universities to implement the Online Digital Evaluation System, from the a.....

Tags : Karnataka High Court, Online Digital Evaluation System

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Chhattisgarh HC: Undervaluation of Goods in Invoice is No Ground for Detention of Goods(23.03.2020)

Chhattisgarh High Court has held that undervaluation of goods in the invoice cannot be the ground for the detention of goods under Section 129 of the .....

Tags : Chhattisgarh High Court, Undervaluation of Goods

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SC Mulls Formation of Committee for Economic Valuation of Trees Felled for Projects(19.03.2021)

Supreme Court has observed that it will form a Committee for economic valuation of trees which are felled for projects such as highways and bridges, a.....

Tags : Supreme Court, Economic Valuation of Trees Felled for Projects

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SC Directs on Student Representation Challenging School’s Failure to Adopt Evaluation Procedure(01.02.2022)

Supreme Court has directed the School Result Committee to decide the student's representation within 2 weeks, in a writ petition filed by Class XII pa.....

Tags : Supreme Court, Failure to Adopt Evaluation Procedure

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Govt Releases Draft Companies (Registered Valuers and Valuation) Rules, 2017(30.05.2017)

Ministry of Corporate Affairs has released Draft Companies (Registered Valuers and Valuation) Rules, 2017 with an aim to introduce a robust regulatory.....

Tags : Draft Companies (Registered Valuers and Valuation) Rules, 2017

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ICSI can't Charge Fee for Providing Copies of Revaluation Papers Applied Through RTI: SC(30.04.2019)

Supreme Court has held that the Institute of Company Secretaries of India (ICSI) cannot charge a fee for revaluation if the certified copies were aske.....

Tags : Supreme Court, ICSI, Revaluation Papers Applied Through RTI

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SEBI Relaxes Valuation Norms for Mutual Funds(24.04.2020)

Securities and Exchange Board of India has relaxed valuation norms on money and debt market instruments held by mutual funds in the wake of the loan m.....

Tags : Securities and Exchange Board of India, Mutual Funds Valuation Norms

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MP HC: Revaluation of Answer Sheet Cannot be Permitted in Absence of Express Provision(29.07.2024)

Madhya Pradesh High Court while dismissing a writ petition seeking revaluation of a student’s answer sheet, has reaffirmed that revaluation cannot be .....

Tags : MP High Court, Answer Sheet, Revaluation

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Supreme Court Accepts CBSE and ICSE Scheme for Evaluation of Students(17.06.2021)

Supreme Court has accepted the scheme formulated by CBSE and ICSE for evaluation of students, while asking the Boards to incorporate the provision for.....

Tags : Supreme Court, CBSE and ICSE Scheme for Evaluation of Students

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SC: Prosecution Must Inform Trial Court About Accused’s Background if it is Proposing Death Sentence(24.04.2023)

Supreme Court has observed that wherever prosecution is of opinion that crime an accused is convicted for is so grave that death sentence is warranted.....

Tags : Supreme Court, Death Sentence, Evaluation

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Delhi High Court Dismisses Plea Assailing CBSE Scheme for Re-Evaluation(01.06.2021)

Delhi High Court has dismissed a petition seeking general directions regarding CBSE scheme for re-evaluation of papers, observing that it is unjustifi.....

Tags : Delhi High Court, CBSE Scheme for Re-Evaluation

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SC Refuses to Interfere with CBSE and ICSE Schemes for Evaluation of Class XII Students(23.06.2021)

Supreme Court has refused to interfere with schemes propounded by CBSE and ICSE for evaluation of Class XII students, noting that there are other set .....

Tags : Supreme Court, Schemes for Evaluation of Class XII Students

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Delhi HC: IPR Suits Below 3 Lacs to be Listed Before DJ to Verify if Suits are Purposely Undervalued(06.06.2022)

Delhi High Court has held that cases where IPR suit in district courts are valued below the Rs. 3 lakhs, such suit would be listed before the District.....

Tags : Delhi High Court, IPR, Valuation

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Delhi HC Directs DU to Request Affiliated Colleges to Expedite Process of Evaluating Answer Sheets(16.09.2020)

Delhi High Court has directed the Delhi University to issue a letter to the Principals of all the affiliated colleges emphasising the urgency of the m.....

Tags : Delhi High Court, Evaluation of Answer Sheets

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Del. HC: Reopening Assessment on Basis of Estimation Report by DVO isn’t Sustainable(12.09.2024)

Delhi High Court has observed that report/estimate of the Valuation Officer cannot be the sole ground for re-opening assessment under Section 148 of I.....

Tags : Delhi High Court, Valuation Officer, S. 148 of IT Act, Estimation Report

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International Cases

Restraint of the mortgagee sale is not granted unless the debt owed to the mortgagee is paid into Court(04.08.2020)

Present was the Plaintiff's application for an interlocutory injunction restraining the Defendant from selling a property located at Seven Oaks Street.....

Tags : Sale, Valuation, Injunction, Grant

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Court has the power to interfere with the valuer’s decision in review proceedings(09.12.2021)

The primary issue before the SCA is when parties agree to refer a matter to an expert valuer, whether the valuer is legally permitted to unilaterally .....

Tags : Valuation, Alteration, Proceedings

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Judgments

Enhancement of value based upon weekly average price is held as bad in law(18.04.2017)

In facts of present case, Appellant filed Bill of Entry for import of rough marble blocks imported from Turkey along with other relevant documents. A.....

Tags : Valuation, Confiscation, Penalty

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Transaction value has to be admitted as assessable value unless proved to be incorrect(07.04.2017)

Appellant imported various automobile parts under cover of Bill of Entry on declared value. Such goods were cleared from Customs after paying customs .....

Tags : Goods, Valuation, Confiscation, Penalty

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Requirement of bidder to furnish litigation history cannot be attributed to be an essential condition but merely ancillary or subsidiary to main tender conditions(03.09.2018)

The grievance of the Petitioners is in regard to the decision of the municipal Corporation as taken in the tender process, whereby, according to the P.....

Tags : Tender, Evaluation, Validity

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A hereditament is to be valued as it in fact existed at the material day(01.03.2017)

Appellants (“SJJM”) own the freehold of first floor of a three-storey office building built in the 1990s. In past, premises were occupied by tenants a.....

Tags : Property, Valuation, Reality principle

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Concept of notional valuation is not susceptible to monetary valuation(31.07.2017)

In present case, issue pertains to payment of Court fees under Maharashtra Court Fees Act. Plaintiffs i.e., Respondents, have filed respective suits f.....

Tags : Valuation, Court fees, Payment

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Value of both supply and service is to be added for payment of service tax under composition scheme(18.09.2018)

The facts of the matter are that, the Respondent/Assessee is registered with the department for various services such as erection, commissioning and i.....

Tags : Valuation, Tax, Evasion

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Machinery provision which enables the Assessee to avail concession or benefit conferred by substantive provision in the Act need to be construed liberally(05.09.2017)

In facts of present case, The Appellant is the owner of the premises. It consists of two-storey building and some land appurtenant thereto ("the premi.....

Tags : Valuation, Premises, Tax, Payment

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Assessable value can't be rejected merely on the grounds of NIDB data(27.09.2018)

The present appeal is filed by the Appellant against the Order-in-Appeal passed by the Commissioner(Appeal), wherein he has set aside the Order-in-Ori.....

Tags : Assessment, Valuation, NIDB data

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Authorities have to obtain prior approval from Government in case the order of settlement is not issued to highest tenderer(05.09.2019)

The order of settlement of the Sulung Daily Market under the Pachim Kaliabor Anchalik Panchayat in the district of Nagaon, issued in favour of the res.....

Tags : Evaluation, Bids, Legality

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Court may exercise powers under Article 226 of the Constitution to provide appropriate relief when it is established that there is a manifest error in evaluation of examination papers(12.09.2022)

The Petitioner has filed the present petition under Article 226 of the Constitution of India, 1950 praying that direction be issued to the Respondent .....

Tags : Re-evaluation, Answer-sheets, Entitlement

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In the absence of any provision for re-evaluation, the High Court cannot order re-evaluation of the answer scripts(04.11.2022)

The University has preferred the present appeals dissatisfied with the impugned common judgment passed by the High Court, by which the Division Bench .....

Tags : Re-evaluation, Answer scripts, Provision

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Assessable value for the related party sales can be established by referring to the normal price under Section 4(1)(a) of the Central Excise Act(05.12.2022)

The present Civil Appeal originates from the impugned order passed by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh (“CESTAT”). T.....

Tags : Transactions, Valuation, Method

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Authority that authors the tender documents is the best person to appreciate the requirements of the tender and its interpretation should not be second-guessed by a court in judicial review(12.05.2023)

The Petitioner has filed the instant writ petition aggrieved by the rejection of its bid for e-tender No.RC-22-23/159 ('said Tender') issued by Respon.....

Tags : Bid, Evaluation, Rejection

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Supreme Court values excess land owned by Wadiyar royalty(21.09.2015)

In a question on valuation of property for the purposes of wealth tax, the Supreme Court held that property, the overall area of which exceeded that a.....

Tags : Ceiling, valuation, land, wealth tax

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Onus to prove that the declared price did not reflect the true transaction value is always on the Department(19.06.2024)

In facts of present case, Lifestyle International P. Ltd. filed Bill of Entry for clearance of full leather sofas and declared them as Bovine Leather .....

Tags : Assessment, Valuation, Legality

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Transaction value has to be accepted unless there are compelling reasons to reject the same(27.06.2024)

The Appellantfiled a Bill of Entry No.8730452 dated 11th December, 2012 for clearance of different items such as laminators, wire binding machines, pa.....

Tags : Valuation, Confiscation, Penalty

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When cost of imported goods is included in amount, which is considered for payment of royalty, then such royalty should be added in assessable value of imported goods(26.12.2017)

In the facts of present case, the Appellant is regularly importing goods from Thailand, China and Philippines. The suppliers of the imported goods viz.....

Tags : Valuation, Inclusion, Validity

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Undervaluation has to be proved; if charge of undervaluation cannot be supported either by evidence or information about comparable imports, benefit of doubt must go to importer(10.12.2018)

The issue raised in present appeals pertains to the transaction value/assessable value in respect of imported Aluminum Scrap, which was imported by th.....

Tags : Invoice price, Undervaluation, Proof

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University cannot cancel admission for its failure to reevaluate answer sheets(01.03.2016)

Having failed to release revaluation results of answer sheets, a university cannot then direct cancellation of the admission of students for failure t.....

Tags : University, admission, reevaluation, delay

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Notifications & Circulars

Guidance Note on Board Evaluation(05.01.2017)

Subject of Evaluation i.e. who is to be evaluated;
b.Process of Evaluation including laying down of objectives and criteria to be adopted for ev.....

Tags : Evaluation, Notes, Guidance

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Guidance Note on Board Evaluation(05.01.2017)

The Companies Act, 2013 and SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("SEBI LODR") contain broad provisions on Board E.....

Tags : Evaluation, Notes, Guidance

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Amendment to Customs Valuation Rules - Notification No. 91/2017 (NT) dated 26.9.17(26.09.2017)

1.The valuation of imported and export goods is governed by the provisions of Section 14 of the Customs Act, 1962 and the rules made thereunder. The C.....

Tags : Rules, Customs Valuation, Amendment

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Valuation of second hand machinery(05.02.2020)

1. Representations have been received from the trade regarding Circular No. 25/2015-Customs dated 15th October, 2015 on valuation of second hand machi.....

Tags : Valuation, Second hand, Machinery

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RBI Working Paper No. 05/2020: Core Inflation Measures in India - An Empirical Evaluation using CPI Data(12.05.2020)

Today the Reserve Bank of India placed on its website a Working Paper titled "Core Inflation Measures in India - An Empirical Evaluation using CPI Dat.....

Tags : Inflation, Measures, Evaluation

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Companies (Registered Valuers and Valuation) Amendment Rules, 2022(22.11.2022)

In exercise of the powers conferred by section 247 read with sections 458, 459 and 469 of the Companies Act, 2013 (18 of 2013), the Central Government.....

Tags : Registered Valuers, Valuation, Amendment, Rules

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‘Commercial disputes’ not an inclusive definition(03.02.2016)

Havells’ attempts to have its dispute with the Advertising Standards Council of India heard at the High Court took a blow after the court rejected cla.....

Tags : commercial dispute, valuation, advertising

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Opinion of one expert cannot be rejected on basis of opinion of another expert unless there is sufficient independent reason for such rejection(19.06.2017)

Appellant imported one set of used offset printing machine along with standard accessories from Benelux International Trading BVBA, Belgium and declar.....

Tags : Valuation, Enhancement, Validity

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Valuation of tobacco and tobacco products for the purposes of payment of Basic Excise Duty and National Calamity Contingent Duty (NCCD)(01.02.2022)

1.Representations have been received seeking clarification on the manner of computation of valuation, after admissible abatement, for the purposes of .....

Tags : Valuation, Payment, Excise Duty

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Compliance relaxations for excise levy on jewellery industry accepted(13.07.2016)

The Central government accepted the recommendations of a Sub-Committee formed to interact with trade and industry on issues arising out of the recent .....

Tags : excise, jewellery, ssi, valuation

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Valuation of Additional Tier 1 Bonds(05.08.2024)

1. This has reference to clause 9.3.1.1 and clause 9.4.2 of the Master Circular No. SEBI/HO/IMD/IMD-PoD-1/P/CIR/2024/90 dated June 27, 2024 for Mutual.....

Tags : Valuation, Additional Tier 1, Bonds

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Advance against pledge of gold ornaments and jewellery(15.10.2015)

Reserve Bank of India has extended its policy standardising the valuation of gold jewellery presented towards security or collateral to cooperative ba.....

Tags : Valuation, gold, ornaments, jewllery, cooperative bank

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