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C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80A, 80A(1), 80A(2), 80AB, 80B(5), 80P, 80P(2), 80 to 80U to 80VV; Gujarat Co-operative Societies Act, 1961 - Sections 2(7), 2(19), 2(24), 4, 5, 12A, 14, 28, 29, 43D, 65, 66, 67, 67(2), 67(3), 71, 71(1); Banking (Regulations) Act, 1949 - Sections 5, 6, 6(1), 6(2) and 8; Imposition of Ceiling on Land Holdings Act, 1960; Indian Trusts Act, 1882 - Sections 20; Indian Trusts Act, 1882; Income Tax Act, 1922 - Sections 14(3); Constitution of India - Articles 14 and 141

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

arose as to whether investment, of sums appropriated to the contingencies reserve, in securities authorised under the Indian Trusts Act,1882 and income derived by way of interest therefrom was attributable to profits and gains of the business of … had formulated three questions : The first one relating to income earned from utilization of statutory reserves under Section 67(2) of the GCS Act, 1961; the second one in respect of income earned from utilization of voluntary reserves

Pravash Hazra Vs. Subrata Sen and ors.

Court : Kolkata

Subject : Trusts and Societies

Acts : Constitution of India - Article 227; ;Indian Trusts Act, 1882 - Sections 34 and 36; ;Charitable and Religious Trust Act, 1920 - Section 7

he has submitted that the impugned orders are not maintainable at all because Section 34 of the Indian Trusts Act, 1882 will not be applicable in the instant case because the intended sale does not come within the meaning … for modification of the order dated 09.09.1998.7. It is also pertinent to refer the ruling AIR 1975 Calcutta 67 which clearly lays down the ratio that in the given circumstances as in the present case the provisions

K. Panchapagesa Ayyar and anr. Vs. K. Kalyanasundaram Ayyar and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Registration Act, 1908 - Sections 17 and 49; Code of Civil Procedure (CPC) , 1908; Transfer of Property Act, 1882 - Sections 5; Hindu Law; Arbitration Act, 1940 - Sections 5; Trusts Act, 1882 - Sections 92

Reported in : AIR1957Mad472

Indian Trusts Act, 2nd Edn. (1954),pp. 626 and 626; E. B. Powell, Govt. Pleader, HighCourt, Madras, The Indian Trusts Act, 1882 (1908)pp. 338-340). 39. Bearing these principles in mind, we shall examine the acquisition made by the first defendant … be, as would be presently shown, that the second defendant purchased items 67 to 96 mentioned in schedule A, part I of the plaint and … and the partition also cannot be proved aliundc by the conduct of parties, offending as it would do Sections 17 and 49 of the Indian Registration Act and Section 91 of the Indian Evidence Act. In regard

C.K.P. Mandal Vs. the Commissioner of Central Excise

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1994 - Sections 65, 65(90), 66, 67 and 90; Bombay Public Trust Act; Finance Act, 2003; Transfer of Property Act, 1882 - Sections 3; Service Tax Rules, 1994 - Rule 2(1)

Reported in : 2006(4)BomCR747; (2006)204CTR(Bom)274; 2006(4)MhLj669; 2006[4]STR183

occasion; . (54) 'mandap' means any immovable property as defined in Section 3 of the Transfer of Property Act, 1882 (4 of 1882) and includes any furniture, fixtures, light fittings and floor coverings therein let out for consideration … client in relation to such use and also in services, if any, rendered as a caterer; . 12. Section 67 provides for valuation of taxable services for charging service tax. According to it, in relation to the service … aforesaid two questions at this stage. 3. The appellant is a charitable trust registered under the Bombay Public Trust Act. It holds a building at

State of Gujarat and anr. Vs. Acharya Shri Devendraprasadji Pande

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 37(1), 67 and 84(1)

Reported in : AIR1969SC373; 1969CriLJ649; 1969MhLJ45(SC); [1969]1SCR456

includes a manager. Section 2 (20) says that words and expressions used but not defined in the Indian Trusts Act. 1882 shall have the meanings assigned to them in that Act. Chapter II of the Act provides for the … Gujarat setting aside an order of a Magistrate by which the respondent was convicted of an offence under Section 67 read with Section 87 of the Bombay Public Trusts Act 1950 (as adapted and applied to the State

Dr. Thomas Varghese Vs. State of Kerala

Court : Kerala

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1950 - Sections 9(2) and 34

Reported in : [1997]226ITR365(Ker)

will depute any of its trustees to join the partnership for and on behalf of the trust. What Section 67 of the Indian Trusts Act, 1882, reveals is the liability of a partner being a trustee who wrongfully … wife have been described as 'being trustees' of the trusts they represented. The trusts constituted under the Indian Trusts Act, 1882, are associations of persons and it is well-established in law that associations of persons cannot as such become

Lt. Gen. C.K. Kapur (Retd.) and ors. Vs. Guruji Ka Ashram and ors.

Court : Delhi

Subject : Civil

Acts : Indian Trust Act, 1882 - Sections 34, 73 and 83; Code of Civil Procedure (CPC) - Sections 92, 92(1) and 151 - Order 6, Rule 17 - Order 7, Rule 11

Reported in : 146(2008)DLT300; 2008(100)DRJ180

where a Division Bench of this Court had held that an application pending under Section 34 of the Trusts Act, 1882 was not maintainable because the trust created in that case was a public charitable trust and not a … in case of defendant No. 3.22. Reliance has also been placed by the Respondents on AIR 1923 Bom 67, Nilkanth Devrao Nadkarni and Ors. v. Ramkrishna Vithal Bhat to contend that unless a suit falls clearly within

ito Vs. Mehsana District Central Co-op.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2004)87TTJ(Ahd.)313

of funds and reads as under.(d) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (III of 1882), (e) in shares, or security bonds, or debentures, issued by any other society with limited … than six months, establishment charges contributions, if any, towards the provident fund and gratuity fund of its employees. Section 67 which is material for our purpose reads as under : "67. Reserve fund-(1) Every society which does, or

Chief Controlling Revenue Authority Vs. Costal Gujarat Power Ltd. and ...

Court : Supreme Court of India

Subject : Education

18.1 and 18.3 are also relevant and reproduced herein under:- “18.1 Section 67A of the Transfer of Property Act, 1882:- The provisions of Section 67-A of the Transfer of Property ct, 1882, shall not apply to these presents. … from few lenders. The lenders i.e. financial institutions, which were thirteen in number, formed a consortium as a trust and executed a security trustee agreement (STA) inter se appointing one banker, viz. the State Bank of India

Deputy Commissioner of Vs. Coal Ash Distributors

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1996)58ITD58(Ahd.)

transaction." 22. It will also be worthwhile to reproduce here the relevant extract from the commentary on Indian Trusts Act, 1882 by O. P. Aggarwala as under :- "A benami transaction is one where one buys property in the … view of two Supreme Court decisions :- M. M. Ipoh v. CIT 67 ITR 106 and G. Murugesan v. CIT 88 ITR 432. (6) Minor … Kalyan Power House, Thuurah dist., Thane.All these appeals relate to refusal to grant registration to the firm under section 185(1)(b) of the Income-tax Act, 1961 (hereinafter referred to as the Act).3. In assessment year 1987-88 the assessee-firm