Judgment Search Results Home > Cases Phrase: benefit sharing Court: delhi Page 11 of about 6,378 results (0.073 seconds)

Ms. Uma Ghate vs.mr. Umesh Phalpher

Court : Delhi

..... the plaintiff is also entitled to a decree of mandatory injunction in favour of the plaintiff and against the defendant directing the defendant to pay to the plaintiff her share of monthly rental income received by the defendant from the vadodara property and produce the true accounts of the rental income being received by the defendant by leasing the ..... vimla pannalal air1988sc1636 in these cases the court took the view that since the conversion of the plaintiff s undivided share in the joint family property into his separate share cannot be easily valued in terms of rupees with precision and definiteness and since the court itself is unable to determine the correct value of the relief, it cannot direct the plaintiff to correct the valuation as order ..... the principle which is set out in this case is that once a right of election is exercised in respect of a benefit accrued under a will, then a person is precluded to claim benefit over any of the property the beneficiary was holding under any other previous arrangement and which the testator omitted to mention ..... in para 31 and 33 on which the plaintiff has relied, she has sought her rightful share and sought partition of the property by metes and bounds and she mentioned of the insult inflicted upon her by the defendant and ..... appellant had stated that his father had executed a will 16.10.1956 but he had chosen to put his claim of 1/5th share in the property under the law of inheritance and did not claim the benefits under the will. .....

Indu Singh and Anr. Vs.prem Chaudhary and Ors.

Court : Delhi

..... the parts of section 2(15) of the stamp act (including of the second part which deals with a final decree of partition), there could have to take place further proceedings for enforcement of the shares given in one or more properties to the co-sharers in terms of the partition deed/decree for partition, but yet and merely because of the fact that further steps have to take place for ..... it is held in this judgment that division by metes and bounds is only a ministerial act and that once the court passes a preliminary decree it is the duty of the court to ensure that parties get their shares on division of the properties, and therefore that it is only division by metes and bounds which results in a final decree, and that an order of sale which is passed on the property/properties being found not ..... be taken steps by one or more co-sharers for enforcing their rights in the property/properties granted to them under a decree for partition, by seeking possession from the other co-sharers the physical shares of the properties or the property/properties which have fallen to the person who seeks to enforce his rights of possession as per the partition decree, but that merely because such further steps are ..... court in different paras expressed its strong feelings as to how in partition suits there is unnecessary delay and that a successful plaintiff is not able to reap the benefits of the preliminary decree passed for partition holding such plaintiff entitle to a share in the joint properties. .....

Commissioner of Income Tax Vs. M/S. Abhinandan Investment Ltd.

Court : Delhi

..... the decision of the itat, in the same fact situation, - in fact in the same common order, the revenue cannot legitimately agitate a position contrary to the one it accepted in nalwa especially because nalwa investments is one of the share-holder companies of jisco, which had sought and was allotted ncds at `111/- per ncd and later transferred the allotments to uti, which paid the balance amount. ..... it was urged ita nos.25/01, 840/08 & 26/01 page 8 that the assessees too benefited due to the arrangement because after losing `111/- on each debenture it became entitled to one dividend warrant which enabled it (the assessee) to own an equity share at `200/- though the market price of the share on that date was much higher. ..... furthermore it was held that on the other hand, the assessees too benefitted because after losing the initial application money on each debentures they were entitled to one dividend warrant which ita nos.25/01, 840/08 & 26/01 page 36 enabled them to an equity share of `200/- (in the case of jisco ncds) and based on a pre-determined formula in the second instance (medicare) though the market price of the shares on those dates was higher. ..... the tribunal after noting the benefit which had accrued both to the assessee and uti, that is, while the assessee had acquired an equity share on the other hand uti had acquired not only a srncd of a face value of rs. ..... the assessee too benefited because they got dws which entitled them to an equity share of jisco at `200/- per share. .....

Commissioner of Income Tax Delhi Ii Vs. Medicare Investments Ltd.

Court : Delhi

..... the decision of the itat, in the same fact situation, - in fact in the same common order, the revenue cannot legitimately agitate a position contrary to the one it accepted in nalwa especially because nalwa investments is one of the share-holder companies of jisco, which had sought and was allotted ncds at `111/- per ncd and later transferred the allotments to uti, which paid the balance amount. ..... it was urged ita nos.25/01, 840/08 & 26/01 page 8 that the assessees too benefited due to the arrangement because after losing `111/- on each debenture it became entitled to one dividend warrant which enabled it (the assessee) to own an equity share at `200/- though the market price of the share on that date was much higher. ..... furthermore it was held that on the other hand, the assessees too benefitted because after losing the initial application money on each debentures they were entitled to one dividend warrant which ita nos.25/01, 840/08 & 26/01 page 36 enabled them to an equity share of `200/- (in the case of jisco ncds) and based on a pre-determined formula in the second instance (medicare) though the market price of the shares on those dates was higher. ..... the tribunal after noting the benefit which had accrued both to the assessee and uti, that is, while the assessee had acquired an equity share on the other hand uti had acquired not only a srncd of a face value of rs. ..... the assessee too benefited because they got dws which entitled them to an equity share of jisco at `200/- per share. .....

Commissioner of Income Tax Vs. Jindal Equipments Leasing and Cons. Se ...

Court : Delhi

..... the decision of the itat, in the same fact situation, - in fact in the same common order, the revenue cannot legitimately agitate a position contrary to the one it accepted in nalwa especially because nalwa investments is one of the share-holder companies of jisco, which had sought and was allotted ncds at `111/- per ncd and later transferred the allotments to uti, which paid the balance amount. ..... it was urged ita nos.25/01, 840/08 & 26/01 page 8 that the assessees too benefited due to the arrangement because after losing `111/- on each debenture it became entitled to one dividend warrant which enabled it (the assessee) to own an equity share at `200/- though the market price of the share on that date was much higher. ..... furthermore it was held that on the other hand, the assessees too benefitted because after losing the initial application money on each debentures they were entitled to one dividend warrant which ita nos.25/01, 840/08 & 26/01 page 36 enabled them to an equity share of `200/- (in the case of jisco ncds) and based on a pre-determined formula in the second instance (medicare) though the market price of the shares on those dates was higher. ..... the tribunal after noting the benefit which had accrued both to the assessee and uti, that is, while the assessee had acquired an equity share on the other hand uti had acquired not only a srncd of a face value of rs. ..... the assessee too benefited because they got dws which entitled them to an equity share of jisco at `200/- per share. .....

Rolls Royce India Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD136(Delhi)

..... may, therefore, loosely say that rri is acting in india on behalf of rr, but there is clause 4 to remind one that "on behalf of" can never mean in the above context, "as agent of rr" ; it can only mean for the benefit of rr.11.4 it is possible that the contracting parties might have been advised that clarification as above was necessary to bring the reality into sharper focus, as the commercial profit of the assessee will be only 5 per cent but, as it ..... to perform these functions that rri was conceived of, promoted and was brought into existence.that is why, if we have a look at the memorandum of association of rri, it will be seen that of the total share capital of rri of 50,000 divided into 50,000 shares of 1 each rr subscribed for 9,990 shares of 1 each and alan edward west had subscribed for the balance of 10 shares in his capacity as chartered secretary. ..... to perform the obligations that were otherwise to be performed by rr and at the same time obtain information, which has to be creditable and trustworthy and since both are one and the same except for difference of 10 shares rr has to meet and own the entire expenditure, to be incurred by rri. ..... fact that the technical data were jointly obtained and the expenses were shared together indicates that it could not be treated as income.(p. ..... but for the 10 shares held by the chartered secretary, there is no distinction between rr and rri although for the purposes of indian companies act, rr and rri are two juridical entities having .....

V.K.S. Bawa Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)56ITD232(Delhi)

..... it was further contended by the learned counsel, that unless mutation was effected in favour of the assessee in respect of the 1 /4th share of jor bagh property, she could be said to be the legal owner of the house property and as such benefit of section 54f could not be denied on the ground that she was the owner of residential house apart from the residential house purchased by her.it was further contended by the learned counsel that in so far ..... subject to the condition that he is or does not within specified period become owner of another residential house property, the income wherefrom is assessable to tax under the head 'income from house property'. the benefit of section 54f has been denied to the assessee by holding that she was the owner of 1 /4th share of the residential property situated at 1, jor bagh, new delhi ..... assessing officer rejected the claim of the assessee on the ground that one of the conditions for grant of the benefit under section 54f was not satisfied in so far as assessee was the owner of another residential house property at ..... . when assessee has filed the income-tax returns claiming herself to be the legal owner of l/4th share of residential property at jor bagh, when she has stated on oath that her husband, who is one of the legatees as per the will of ..... that the property had not been distributed amongst the legatees was made only when assessee was confronted that the benefit of section 54f could not be given to her in view of the house being owned by her. .....

Additional Commissioner of Vs. Nestle India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)53

..... it was a major investment in the future of the company and imperative because it was an investment in people.to this end, nestle india benefited greatly from the training programme offered at the rive reine international training centre at vevey, switzerland. ..... the board of directors included eminent members and the substantial portion of the share capital had been held by the indian and foreign financial institutions. ..... the market value of its share was at rs, 500 per share against the face value of rs ..... in brief, the assessee emphasized that it was widely held public limited company whose shares are listed on leading stock exchange in india. ..... an investor who purchased 100 shares in 1970 had grown into shareholding of 3700 shares of the market value of rs ..... it was pointed out that the person who got 100 shares in the year 1970 at face value, it resulted into 3712 shares of the market value of rs. ..... 563 and the value of his holding as a result of bonus shares and attractive right shares was nearly rs. ..... a person who held 100 shares in 1970 had received dividend of ..... aspect of the issue assumed utmost importance when it was realized that the payees were none other than 100 per cent subsidiaries of nestle sa, switzerland, who owned 51 per cent of the share capital of the assessee-company.32. ..... there were an iota of truth in the allegations made against the company, the same would have certainly impacted the share price of the company. ..... 100 in the share of nestle, an indian shareholder came to own .....

Garrick D'Silva Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)5SOT132(Delhi)

..... learned judicial member that the revenue was justified in assessing the difference between the market price on the date of exercise of option and the price paid by the assessee for the acquisition of shares as a benefit assessable under the provisions of section 17(2)(iii).in the final analysis, whereas i agree with the learned accountant member in regard to the first point of difference of option, i agree with the ..... the said reduction from the base pay a will also not from the base for determination of the perquisites.that the profit/benefit (difference between the price of shares at the time of exercise of the option and the pre-determined price) derived by the assessee on account of exercise of stock options granted to the assessee in terms of his employment is liable ..... ).19.2 the act makes a departure and provides that no perquisite shall be charged to tax in the hands of the employee in respect of benefits derived as a result of allotment of shares/debentures or warrants directly or indirectly under the employees stock option plan or scheme.this is sought to be done by deleting section 17(2)(iiia) ..... the said proviso reads as under : "provided that nothing contained in this sub-clause shall apply to the value of any benefit provided by a company free of cost or at a concessional rate to its employees by way of allotment of shares, debentures or warrants directly or indirectly under any employees 'stock option plan or scheme of the company offered to such employees in accordance .....

Commissioner of Gift-tax, Delhi-ii Vs. Harinder Singh and Virender Sin ...

Court : Delhi

Reported in : [1986]157ITR292(Delhi)

..... 133itr317(bom) , the bombay high court held in a case where a minor son was admitted to the benefits of the partnership and the share was reduced, that whether the same amounted to a gift of goodwill or not depended on the facts ..... agreement, it was held by the court that capital contribution had been made by the three sons and there was an agreement to render services and share losses by the major son and hence there was adequate consideration for the conversion of the proprietary business into a partnership business and so no gift ..... property or profits of the firm, save when severing his connection with the firm, and in such case the amount of his share shall be determined by a valuation made as far as possible in accordance with the rules contained in section 48 : provided that all the partners acting together or any partner entitled to ..... as a minor continue up to the date on which he becomes a partner, but he also becomes personally liable to third parties for all acts of the firm done since he was admitted to the benefits of partnership, and (b) his share in the property and profits of the firm shall be the share to which he was entitled as a minor. ..... been admitted to the benefits of the partnership will receive 40% share out of the profits ..... referred to earlier, the analysis has proceeded on the basis that the tribunal had held that when a minor is admitted to the benefits of the partnership, he is also entitled on dissolution of the firm to a share in the surplus assets. .....