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Commissioner of Income-tax Vs. Bakhear Ahamed and Co.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 40A(3), 69D, 256, 269T and 269SS; Wealth Tax Act, 1957 - Sections 2 and 6

Reported in : [1996]221ITR574(Mad)

Act, 1961, the Appellate Tribunal's view that the 'account payee demand drafts' can be equated to 'account payee cheques' is sustainable in law ?' 2. The issue shortly is, when the assessee repays money borrowed on a … strict construction applies only to charging sections and not to machinery sections, like section 2(m) of the Wealth-tax Act, 1957, which defined the term 'net wealth' for the purpose of levy of wealth-tax. There also, it was observed

Abmica Lamp House Vs. Commercial Tax Officer (int)-i Enforcement and a ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 5B(1), 6, 7, 12 to 16, 28 to 32, 36 and 38; Andhra Pradesh (Agricultural Produce and Live Stock) Markets Act, 1966 - Sections 7; Andhra Pradesh General Sales Tax Rules, 1957 - Rule 14A(1) and 14A(4); Contempt of Courts Act; Code of Criminal Procedure (CrPC) , 1973; Central Rules; Constitution of India - Article 226

Reported in : 2005(2)ALD704; 2005(3)ALT190; [2005]142STC551(AP)

collecting the compounding fee on the day of inspection either through payment of cash or through post dated cheques, as illegal, and contrary to the provisions of law as well as the judgments rendered by this Court, … writ petitions are filed by the dealers registered under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 carrying on various businesses, assailing the action of the Vigilance Wing of the Sales Tax Department, and praying … is also the case of the dealer that it obtained licence under Section 7 of the A.P. (Agricultural Produce and Live Stock) Markets Act, 1966 … we refer the facts that are available in W.P. No. 3253 of 2004. In this case, the petitioner is a registered dealer, engaged in the

Commissioner of Income-tax Vs. Lalit Trading Corporation

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Section 26A

Reported in : [1980]125ITR586(Cal)

that the partners never took any active part in the business as such, excepting signing some correspondence or cheques, etc., on some occasions. It was also noteworthy that the business was stated to be carried on at … year of assessment, the assessee had filed an application for registration under Section 26A of the Indian I.T. Act, 1922, on the 27th June, 1957. The assessee had also filed a return showing ' nil ' income … was said to have been constituted by an instrument of partnership dated 27th April, 1957, with effect from 1st January, 1957. The assessment year involved

Major General Shanta Shamsher Jung Bahadur Rana Vs. Kamani Brothers Pr ...

Court : Mumbai

Subject : Company

Acts : Specific Relief Act, 1877 - Sections 42, 43 and 54; Indian Companies Act, 1956 - Sections 2(26), 2(30), 36, 189, 284, 314, 316(3) and 651; Indian Contract Act - Sections 193 and 203; Constitutional Law; Administrative Law; Criminal Law; Private Law; Public Law; High Court Rules- Rule 601

Reported in : AIR1959Bom201; (1958)60BOMLR1024; [1959]29CompCas501(Bom)

Indian Companies Act, 1956 Mr. Munshi pointed out that the entrustment of the smallest power, e.g., like signing cheques or being sent to Indore for buying 100 bales of cotton, to a director of the first defendant … company, against the first defendant company and his co-directors for a declaration that the resolution dated 23rd September, 1957 passed by the Board of directors of the first defendant company is inoperative and that the plaintiff continues … defendant company and his co-directors for a declaration that the resolution dated 23rd September, 1957 passed by the Board of directors of the first defendant … into operation. As the plaintiff held an office of profit and as Section 314 of the said Act required that the plaintiff could not hold

State of Karnataka and anr. Vs. H. Dasappa and Sons (P) Ltd.

Court : Karnataka

Subject : Direct Taxation

Acts : Karnataka Sales Tax Act, 1957 - Sections 12B(3)

Reported in : ILR2004KAR4486; (2008)11VST286(Karn)

Industrial Area, Bangalore, have filed monthly statement of turnover in Form-3 admitting taxable turnover and paid tax through cheques. The cheques for all the months when presented to the Bank were returned back unrealised. Said admitted tax … revenue is before this Court in this revision petition filed under Section 23(1) of the Karnataka Sales Tax Act, 1957 ('KST Act' for short) interalia calling in question the correctness or otherwise of the order passed by the … revenue is before this Court in this revision petition filed under Section 23(1) of the Karnataka Sales Tax Act, 1957 ('KST Act' for short) interalia

Meenakshi Paper Mills (P) Ltd. Vs. Sattarsons Packaging (P) Ltd.

Court : Andhra Pradesh

Subject : CompanyCriminal

Acts : Companies Act, 1956 - Sections 433 and 439; Companies (Court) Rules, 1959 - Rule 95

Reported in : (2000)2CompLJ233(AP)

petitioner had also requested the respondent to release the balance payment immediately. The respondent had issued eighteen (18) cheques for an aggregated value of Rs. 8,15,670.00, which are detailed in para 8 of the company petition. The … failure on the part of the respondent to furnish 'G' Forms under the Andhra Pradesh General Sales Tax Act, 1957, which aggregated to Rs. 17,37,100,00. The respondent sent a reply dated 21.11.1998 making a false plea for a … ORDERA. Gopal Reddy, J.1. This petition is filed under Section 433 (e) and (f), and 439 of the Companies Act, 1956, read … three (33) consignments of paper pursuant to various invoices between 3.7.1998 and 24.9.1998 ; and the total value of the supplies made was Rs. 15,68,6001.00.

P.V.G. Raju (Rajah of Vizianagaram) Vs. Commissioner of Expenditure-ta ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Expenditure Tax Act, 1958 - Sections 5 and 13(2)

Reported in : [1971]79ITR430(AP)

amounts paid to the Secretary of the Socialist Party and other officials of the party by way of cheques for ' party expenses ' can be called ' donations '. We do not see why not. The … the previous year to be ' July 1, 1956, to June 30, 1957 '.6. Before the Expenditure-tax Officer, among others, the assessee raised the contention … under Section 5(a) or under Section 5 of the Expenditure-tax Act and(3) Whether on a proper construction of Section 2(n) read with Section 3 of the Expenditure-tax Act, the 'previous year' of the assessee was rightly adopted as

Associated Timber Industries and Others Vs. Central Bank of India and ...

Court : Supreme Court of India

Subject : Banking

Acts : The Banking Regulation Act, 1949; Assam Money Lenders Act, 1934; Companies Act, 1956 - Sections 3, 5, 6, 21, 22, 26, 27, 46 and 47A; Government of India Act - Sections 80-A; Maharashtra Debt Relief Act, 1976; Constitution of India - Article 301; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Bombay Money-Lenders Act, 1946 - Sections 2; Agricultural Refinance Corporation Act, 1963; Tamil Nadu Money-Lenders Act, 1957; Bengal Money-Lenders Act, 1940; Indian Contract Act, 1872 - Sections 172; Socities Registration Act, 1960

Reported in : AIR2000SC2689; [2000]102CompCas134(SC); JT2000(9)SC17; 2000(5)SCALE577; (2000)7SCC93; [2000]Supp2SCR310; 2000(2)LC1423(SC); (2000)3UPLBEC2191

alia (at p.669):Now this definition makes it clear that receiving money on deposit from customers and honouring their cheques is the essential characteristic of banking. The money deposited by the customers can be utilised by the banker … and whether or not in connection with or in addition to any other business.40. In Tamil Nadu Money-Lenders Act, 1957 the expression 'money lender' is defined in Section 2(8) to mean a person whose main or subsidiary occupation

M/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

Court : Chennai

Subject : Education

discharge of the above debt, the first accused has issued 20 post-dated cheques each for Rs.36,75,000/- in favour of the complainant drawn on Vijaya Bank, … was called upon to interpret the clause "means and includes" as employed in andhra Pradesh General Sales Tax Act , 1957. In that judgment, the question was whether tobacco seed oil and tobacco seed cake will fall within the … the Negotiable Instruments Act. Therefore, one has to again look for the definition in the General Clauses Act. Section 2(42) of the General Clauses Act defines the term 'person' as follows: "person" shall include any company or association

Itc Limited Vs. Blue Coast Hotels Ltd. .

Court : Supreme Court of India

Subject : Education

next day 21.06.2013, the debtor wrote a letter to the creditor seeking extension of time and enclosed six cheques for upfront payment of Rs.33.16 crores without making any reference to the notice of taking over of possession. … Court interpreted the definition of the term ‘Agricultural Land’ with respect to Section 2(e) of the Wealth Tax Act, 1957 that excluded the said term from the definition of assets. This Court observed:- the determination of the “We