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V. Gokulkrishna Vs. M.C. Nanaiah
Karnataka
May-13-1993
Constitution
Constitution of India - Articles 14, 74(2), 163(3), 226 and 267(2); Evidence Act - Sections 123
ILR1993KAR1615; 1993(2)KarLJ259
of meeting unforeseen expenditure pending authorisation of such expenditure by the State Legislature under appropriation made by law. Section 4 contemplates the making of rules.21. The Contingency Fund Rules 1957 was accordingly framed. It provides for an application … Legislature, of the amounts expended which were not specifically authorised earlier under the relevant Appropriation Act.20. The Karnataka Contingency Fund Act, 1957 (the Karnataka Act No. 11 of 1957) was enacted under Article 267(2). Section 2 provides for the establishment
Tag this Judgment! AI Brief & AskSatish Chandra Khandelwal Vs. Union of India and ors.
Delhi
Feb-06-1981
Civil
Delhi Municipal Corporation Act, 1957 - Sections 490(1)
AIR1983Delhi1; ILR1981Delhi917
the recommendations of the Morarka Commission in para 4.10(d) of volume-6 of its report that the practice of contingency fund should be discontinued and that instead the Councillors should draw up proposals for improvements and new works in … order of the Central Government dated April 11, 1980, made under section 490(i) of the Delhi Municipal Corporation Act, 1957 (the Act)' the Municipal Corporation of Delhi (the Corporation) was superseded. As a result all the 100 councillors
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax, Gujarat-1 Vs. Manna G. Sarabhai
Gujarat
Sep-22-1971
Direct Taxation
Wealth Tax Act, 1957 - Sections 2, 3, 4, 21 and 21(4); Transfer of Property Act, 1882 - Sections 6 and 21
[1972]86ITR153(Guj)
trust funds in trust for the assessee absolutely. The language used in this provision is clearly one of contingency. The trustees are to hold the trust funds in trust for the assessee only if the assessee attains … the assessee's aunt, Gira Sarabhai, and the other relates to the interpretation of section 21(4) of the Wealth-tax Act, 1957. The assessee was born on 15th November, 1947, and on both the relevant valuation dates, she was a … '(2) (a) The Trustees shall pay the net income of the Trust funds to the said Manna daughter of the Settlor's brother Gautam Sarabhai until
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Commissioner of Wealth-tax, Gujarat I Vs. Anarkali Sarabhai
Gujarat
Sep-17-1970
Direct Taxation
Wealth Tax Act, 1957 - Sections 2; ;Transfer of Property Act, 1882 - Sections 19 and 21
[1971]81ITR375(Guj)
child or children of Bharatidevi Sarabhai who may be living at the death of the assessee. Throughout, the contingency of the beneficiary of the corpus being alive at the relevant date is emphasised in sub-clause (c) of … the trust deed constituted an 'annuity' and was, therefore, exempt form wealth-tax under section 2(e)(iv) of the Wealth-tax Act, 1957. This contention found favour with the Tribunal and the Tribunal held that the interest of the assessee under … and Dr. Vikram Sarabhai, could be any other figure except 'nil' ?' 4. The reference also raises one more question and that arises out of … be at liberty either to utilise the net income of the trust funds for her support, benefit, education and advancement in life of the said
Tag this Judgment! AI Brief & AskTata Iron and Steel Co. Ltd. Vs. D.V. Bapat, Income-tax Officer, Compa ...
Mumbai
Feb-26-1975
Direct Taxation
Payment of Gratuity Act, 1972 - Sections 4; Constitution of India - Article 226; Wealth Tax Act, 1957 - Sections 2 and 13; Income Tax Act, 1961 - Sections 4, 28, 29, 30, 31, 32, 33, 34, 35, 36, 36(1), 37, 37(1), 38, 39, 40, 40A, 41, 42, 43A and 119
[1975]101ITR292(Bom)
correct to call such a liability contingent, but I must say the contingency seems to me too remote to justify a prudent trader or, for … to the employees can be allowed as a deduction, when no gratuity fund has been set up under Part C of the Fourth Schedule of … Supreme Court was considering the application of the definition of 'net wealth' in section 2(m) of the Wealth-tax Act, 1957, which requires that there should be debt owed by the assessee on the relevant valuation date. It was … Payment of Gratuity Act, 1972, since some of its provisions may have a bearing on our decision. Under section 4 of the said Act, gratuity shall be payable to an employee on the termination of his employment after
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax Vs. Oolia Kulsum
Andhra Pradesh
Nov-07-1996
Direct Taxation
Wealth Tax Act, 1957 - Sections 5, 21, 21(1), 21(4) and 27(3)
[1997]224ITR743(AP)
Syed Shah Mohammed Quadri, J.1. This is an application by the Revenue under section 27(3) of the Wealth-tax Act, 1957 (for short 'the Act'), praying this court to direct the Income-tax Appellate Tribunal, Hyderabad Bench 'A', to state … which is chargeable on such beneficiaries for whose benefit the assets are held by the trustee ; but sub-section (4) will be attracted where the beneficiaries are indeterminate and unknown and the assets are held by the trustees … 5. There is a distinction between indeterminate beneficiaries and defined beneficiaries having contingent interest. The concept of 'indeterminate' will come in on the valuation date … Kulsum, was entitled to receive the net income of the two share funds and she became the sole beneficiary ; therefore, the funds were liable
Tag this Judgment! AI Brief & AskJ. Alexander Vs. Central Bureau of Investigatin, Bangalore
Karnataka
Feb-09-2000
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 156(1), 155(2), 226, 227, 228, 239, 240 and 482; Prevention of Corruption Act, 1988 - Sections 13(1) and (2); Indian Penal Code (IPC), 1860 - Sections 34, 120-A , B, 419, 420 and 477-A; Constitution of India - Articles 14 and 267(2); Karnataka Contingency Fund Act, 1957; Prevention of Corruption Act, 1947 - Sections 5(1) and (2)
ILR2000KAR1418; 2000(3)KarLJ628
money to accused 3 was violative of Article 267(2) of the Constitution and the provisions of the Karnataka Contingency Fund Act, 1957, and, accordingly, this Court quashed the Government Order for the supply of the computers offered by accused 3 … of charges against the petitioner (accused 1) in Special C.C. No. 134 of 1994 for the offences under Section 120-B of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption … CBI took up initial investigation and filed its First Information Report on 4-3-1993 initially against 3 persons, viz., the petitioner herein (accused 1), Sri S.
Tag this Judgment! AI Brief & AskThe Assistant Commissioner of Central Excise and Customs, Hubli Divisi ...
Karnataka
Feb-06-2008
Excise
Karnataka Co-operative Societies Act, 1959 - Sections 103; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 35; Karnataka Co-operative Societies Act, 1951 - Sections 71; Central Excise Act, 1944 - Sections 11, 11D and 12; Customs Act, 1962 - Sections 3, 28D, 31 and 142; Banking Regulation Act, 1949 - Sections 35; Central Boards of Revenue Act, 1963; Transfer of Property Act, 1882 - Sections 69 and 69A; Karnataka Sales Tax Act, 1957; Karnataka Land Revenue Act, 1964 - Sections 150, 158 and 190; Central Excise Rules
AIR2008Kant70; 2008(126)ECC112; 2008(152)LC112(Karnataka); 2008(226)ELT325(Kar); ILR2008KAR2598; 2008(5)KarLJ81; 2008[12]STR671; [2009]19STT467
State of Bihar 1971 SC 1210.19. It has further held with specific reference to the Karnataka Sales Tax Act, 1957 and the Karnataka Land Revenue Act, 1964 whereunder, Section 158 of the Karnataka Land Revenue Act, 1964 not … be applicable irrespective of other enactments being enforced. The SARFAESI Act is a complete code providing for all contingencies for recovery of debts from a defaulter. When once the Act is invoked, others, such as the petitioner, … able to discharge such functions, it must be in possession of necessary funds and this consideration emphasizes the necessity and the wisdom of conceding to
Tag this Judgment! AI Brief & AskCommissioner of Income-tax Vs. G.S. Ganesan
Chennai
Mar-22-1995
Direct Taxation
Income Tax Act, 1961 - Sections 2(24), 9, 9(1) and (2), 22, 23, 24, 24(1), 25, 26, 27, 45, 53, 54, 54(B), (D) and (E), 64, 64(1), 160, 161, 161(2), 162, 163, 164, 165 and 166; Wealth Tax Act, 1957 - Sections 2, 3, 4, 4(1), 5(1) and 21
[1995]215ITR334(Mad)
its income in the accounting year, cannot be taxed thereon because section 164 does not provide for such contingency. The principal contention raised by Mr. Salve on behalf of the assessee must, accordingly, be rejected.' 12. Section … those avoidance measures. A Bench of this court, while considering similar provisions in section 4(1)(a) of the Wealth-tax Act, 1957, referred to this aspect as an important factor in statutory construction : vide S. Naganathan v. CWT : … for his wife and minor children, the assessee had utilised the borrowed funds for purchasing the house properties for his own benefit, there can hardly
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax, Bombay City-i, Bombay Vs. Andhra Valley Po ...
Mumbai
Dec-01-1977
Direct Taxation
Wealth Tax Act, 1957 - Sections 2, 3, 5, 5(1), 27(1) and 45
[1978]114ITR783(Bom)
in the circumstances of the case, in computing the net wealth of the company, the amounts in the contingency reserve, development reserve and tariffs and dividends control reserve are liable to be deducted (2) Whether in computing … such time as the company may think of utilising the consumers benefit fund is lesser at that particular time. But this is not the same … proposed in the Finance Bill which incidentally even in that case happened to be the Finance (No. 2) Act, 1957, or the rate in force in the preceding year, whichever was more favourable to the assessee. In the … The proviso to clauses VA is not material. 4. The Tribunal declined to accept the contention of … J. 1. This reference in which certain questions have been referred under section 27(1) of the Wealth-tax Act both at the instance of the assessee
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