Avoidable Consequences - Judgment Search Results

M.V. Valliappan and ors. Vs. Income-tax Officer and ors.

Court: Chennai

Reported in: (1988)67CTR(Mad)289; [1988]170ITR238(Mad)

..... that it is a measure to counteract the tendency to tax avoidance consequently inasmuch as the income which does not belong to the ..... s case 1976 105itr67 ker must necessarily follow as a consequence of the partial partition notwith standing the fact that such ..... courts enabling them to develop a doctrine whereby the tax consequences of the composite transaction are dependent on its substance not .....

K.M. Vijayan and Others Vs. Union of India and Others

Court: Chennai

Reported in: [1995]215ITR371(Mad)

..... that it is a measure to counteract the tendency to tax avoidance consequently inasmuch as the income which does not belong to the ..... minor daughter and failure to do so will have penal consequences on him therefore the impugned amendment causes grave prejudice to ..... his minor daughter and failure to do so will have penal consequences on him according to the petitioner the amendment discriminates while .....

Agra Engineering Industries Employees Union Vs. State of U.P. and ors.

Court: Allahabad

Reported in: (2003)3UPLBEC2375

..... that the closure has been effected with mala fide intention to avoid consequences of the direction given by supreme court in mc mehta ..... 10 2001 only upto 31 12 2001 the respondents tried to avoid consequences by applying for permission for closure the initial deposit for ..... close down industrial establishment and that the whole attempt was to avoid consequences of mc mehta s case 14 the court has the .....

Goetze (India) Ltd Vs. H R Thimappa Gowda

Court: Karnataka

..... at pp 55 56 contains the following statement of law 33 the general doctrine of avoidable consequences applies to the measure of damages in actions for breach of contract thus the damages ..... are greater than 36 the law will compensate therefore in contract actions the doctrine of avoidable consequences is only a statement about how damages will be measured emphasis supplied from the above .....

M/s Flipkart Internet Private Limited Vs. The Deputy Commissioner Of I ...

Court: Karnataka

..... of safeguards for the assessee and are to be invoked to avoid consequences of a finding eventually that the payer ought to have made ..... to invoke such provision and seek for certificate in order to avoid consequences of non deduction as enumerated above it cannot be stated that ..... not income element is embedded in the said payment 5 2 consequent to the grant of relief at prayer a the petitioner has .....

Galileo International Inc. Vs. Dcit

Court: Income Tax Appellate Tribunal ITAT Delhi

..... which is likely to lead to double taxation is to be avoided consequently for instance if there is a doubt regarding the existence of ..... ltd v ito the data server is indisputably located outside india consequently the provision of services of offering the data base to its ..... be able to earn its revenue is shown by the absurd consequences which would flow from its acceptance its acceptance would mean that .....

M and N Publications Ltd. and anr. Vs. Mahanagar Telephone Nigam Ltd. ...

Court: Delhi

Reported in: 49(1993)DLT380; 1992(24)DRJ484

..... the mtnl to salvage the contract and get the job executed without further delay and avoid consequent inconvenience to the customers it agreed to the second option in principle but suggested ..... into details of day to day administration and of the legitimate actions or resultant consequences thereof to enthuse efficiency into administration a balance between accountability and autonomy of action .....

M. Lachia Setty and Sons Ltd. Vs. Coffee Board, Bangalore

Court: Supreme Court of India

Reported in: AIR1981SC162; (1980)4SCC636; [1981]1SCR884

..... at pp 55 56 contains the following statement of law 33 the general doctrine of avoidable consequences applies to the measure of damages in actions for breach of contract thus the damages ..... suffered are greater than the law will compensate therefore in contract actions the doctrine of avoidable consequences is only a statement about how damages will be measured emphasis supplied from the above .....

Burlington Industries, Inc. Vs. Ellerth

Court: US Supreme Court

..... we have observed title vii borrows from tort law the avoidable consequences doctrine see ford motor co v eeoc 458 u s ..... advances of a supervisor yet suffers no adverse tangible job consequences may recover against the employer without showing the employer is ..... treatment claim required a plaintiff to prove an adverse employment consequence and discriminatory intent by his employer see 1 b lindemann .....

Pennsylvania State Police Vs. Suders

Court: US Supreme Court

..... harassment by establishing the two part affirmative defense that defense the court observed accommodates the avoidable consequences doctrine title vii borrows from tort law ibid by requiring plaintiffs reasonably to stave ..... in hostile environment cases title vii the court noted borrows from tort law the avoidable consequences doctrine ellerth 524 u s at 764 under which victims have a duty to .....