Judgment Search Results Home > Cases Phrase: benefit sharing Court: delhi Page 16 of about 6,378 results (0.052 seconds)

Maruti Suzuki India Ltd Vs Additional Commissioner of Income Tax.....

Court : Delhi

..... transaction having a bearing on the profits, income, losses or assets of such enterprises, and shall include a mutual agreement or arrangement between two or more associated cost or expense incurred or to be incurred in connection with a benefit, service or facility provided or to be provided to ay one or more of such enterprises.an international transaction, therefore, is essentially a cross-border transaction, between associated enterprises, in any sort of property, whether tangible or ..... the use of intangibles, the return of such developer, from the marketing activity, would be embedded in the turnover/market share, where such developer is exclusively operating in the market and in such a case the benefit would meet the arm's length test, if the developer's benefits are similar to what an independent comparable would obtain in such similar situation ..... it has been stated that suzuki had enjoyed all the benefits of such expenditure in the form of dividend income of its share holding in the petitioner company, which was more than 50%, as well as in the form of royalty, which was ..... . for example, a distributor may have the ability to obtain benefits from its investments in developing the value of a trademark from its turnover and market share where it has a long term contract of sole distribution may bear extraordinary marketing expenditures beyond what an independent distributor in such a case ..... extent to which the distributor is able to share in potential benefits from those activities .....

Jagatjit Jaiswal and Another. Vs. Karamjit Singh Jaiswal and Another.

Court : Delhi

..... that the drc was thought of as a body which would be required to handle and decide upon issues relating to the 14 companies insofar as they touched upon, inter alia, the management of the companies, the enjoyment of benefit, rights and privileges of the two groups, the appointment of and discharge of duties by the professional managers, joint supervision and control of the management of the companies by the audit committee, right of equal representation on the ..... mismanagement and challenges to the preferential allotment both before this honble board and before sebi are withdrawn unconditionally by the petitioners and jj and the issue of shares with dvr are upheld as valid by the company law board as being in accordance with the articles of association of the company and provisions of the companies ..... manner exercising voting rights or other rights or receiving corporate benefits arising from the shares as detailed in annexure 34a, to which petitioners are ..... agreed that neither of them, and the groups they represent, could mortgage, assign or dispose of the shares of the said 14 companies without the concurrence of petitioner no.1 and respondent no.1 who had absolute right ..... acquiring any shares in any of the companies, the same were to be held subject to the agreed terms as recorded in the mofs and for the equal benefit of the ..... party acquiring any shares in the companies, the same shall be held subject to the agreed terms as recorded herein and for the equal benefit of the parties .....

The Commissioner of Income Tax Delhi-iv Vs. Dlf Commercial Developers ...

Court : Delhi

..... business to guard against loss through future price fluctuations in respect of his contracts for actual delivery of goods manufactured by him or merchandise sold by him; or (b) a contract in respect of stocks and shares entered into by a dealer or investor therein to guard against loss in his holdings of stocks and shares through price fluctuations; or (c) a contract entered into by a member of a forward market or a stock exchange in the course of any transaction in the nature of jobbing or arbitrage to guard ..... from house property", "capital gains" and "income from other sources"], or a company the principal business of which is the business of banking or the granting of loans and advances) consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying on a speculation business to the extent to which the business consists of the purchase and sale of such ..... idle to contend that derivatives do not fall within that provision, when the underlying asset itself does not qualify for the benefit, as they (derivatives once removed from it and entirely dependent on stocks and shares, for determination of their value).12. ..... 208) itr 1023.in this regard, it is submitted that the specific inclusion of the activity of sale and purchase of share of other companies from the otherwise general application of principles underlying section 73 meant that those transactions could not claim the benefit of the provision. .....

Sheikh Mumtaz Ahmed Vs. Rana Khursheed and ors.

Court : Delhi

..... to become the mutawalli and after attaining majority, his sons were to act jointly as mutawallies and to realise rent of the wakf property and to manage the same and divide the rents/benefits to the beneficiaries/co-sharers/co-owners as per the shares fixed according to shairiat; (c) that out of the five sons of late sheikh abdul ahad, three migrated to pakistan in the year 1947 and thus the remaining two sons namely sheikh abdul ..... and decree dated 12 th march, 1991 of the learned additional district judge (adj) decreeing the suit filed by the respondent no.1 against the appellant and the respondents no.2 to 7, for rendition of accounts and for recovery of her share of rent/benefit/income from property xiv/1105-1134 (old) and 908-923, 1327-1345 (new), known as star building, kutab road, delhi.2. ..... , 1983 leaving five sons and two daughters including the respondent no.1/plaintiff as his legal heirs and who thus became entitled to benefits/profits/rent/income of the said wakf property; (f) that though as per the wakf deed, only the sons were entitled to act as mutawallies but the respondent no.1/plaintiff and her sister were also entitled to share in rent/benefits/income of the wakf property and which had been denied to them.5. ..... thus, the respondent no.1/plaintiff was entitled to 1/12 th share while each son was to be entitled to 2/12th equal to 1/6th share out of the benefits of the wakf.8. .....

Cairn Uk Holdings Limited Vs. Director of Income-tax

Court : Delhi

..... as a result of the transfer of the capital asset into the same foreign currency as was initially utilised in the purchase of the shares or debentures, and the capital gains so computed is such foreign currency shall be reconverted into indian currency, so, however, that the aforesaid manner of computation of capital gains shall be applicable ..... of the asset and the cost of any improvement thereto: provided that in the case of an assessee, who is a non-resident, capital gains arising from the transfer of a capital asset being shares in, or debentures of, an indian company shall be computed by converting the cost of acquisition, expenditure incurred wholly and exclusively in connection with such transfer and the full value of the consideration received or accruing ..... in respect of capital gains accruing or arising from every reinvestment thereafter in, and sale of, shares in, or debentures of, an indian company: provided further that where long-term capital gains arises from the transfer of a long-term capital asset, other than capital gain arising to a ..... except that the legislative intention was to tax long-term capital gain on listed shares, bonds and units @ 10%, without benefit of indexation under second proviso to section 48 of the act. ..... benefit of proviso to section 112(1) of the act on sale of equity shares .....

Commissioner of Income Tax Vs. M/S Associate Techno Plastics P. Ltd.

Court : Delhi

..... 29th december, 1987 as per the memorandum, had the following main objects: to subscribe to or purchase as trustee shares, debentures, stocks, bonds and other securities or to act as a trustee of or for shares, debentures, stocks, bonds and other securities to be held by or for the benefit of any person or class of persons or to be held by or for the benefit of employees of any company including any directors holding a salaried office or employment in any company. 25. ..... the principal promoters and hindustan computers limited in which it was stipulated as under: (12) one of the conditions on which sbicap agreed to purchase the said shares from uplc at the request of the principal promoters is that the principal promoters shall arrange that the said shares of the company or the shares of hcll allotted to sbicap on amalgamation in lieu thereof would be transferred to the said employees on payment of rs.1,27,00,000/- on or before 31st december, ..... by the employees represented by the principal promoters, the principal promoters guarantee to acquire the said shares at or for the price of rs.1,27,00,000/- in trust for and on behalf of and for the benefit of the employees of the company or of hcll as the case may be. ..... as shares were sold at less than the market price, this constitutes breach of trusteeship and also results in violation of the provisions of the companies act, 1956 as the transactions could have been entered into only for the benefit of the employees and not for the benefits .....

Raja Ram vs.delhi Transport Corporation

Court : Delhi

..... the respondent/dtc opposed the original application and stated in its counter affidavit that the petitioner had failed to disclose that dtc had released his gratuity amount and employee s share along with employer s share of contributory provident fund (in short the cpf ) vide office memos dated 21.5.2015 and 26.6.2015 respectively, and he had accepted the said amount without any protest or demur; that services of the ..... writ petition filed by the dtc against the order dated 27.1.2003 passed by the industrial tribunal, was that the petitioner shall return the gratuity amount and employee s and employer s share of the cpf to the dtc alongwith interest and on his failure to do so, the said amount shall be adjusted from dues payable at the time of his superannuation with the same rate of interest ..... in the year 2010 by which date, the old pension scheme had been wound up and a decision was taken by the respondent/dtc not to shift all the employees from the defined benefits pension scheme to the new restructured defined contribution of pension scheme, with effect from 01.01.2004, as had been done by the central govt. ..... time, the petitioner was covered by the employee contributory provident fund scheme and his terminal benefits included the payments made to him by the respondent/dtc on account of gratuity and the employee s share along with employer s share of the cpf. w.p. ..... did not receive his retiral benefits including gratuity and the employee s and employer s share of the cpf w.p. .....

Ajit Gogna vs.jitender Gogna & Ors

Court : Delhi

..... bench of this court in neety gupta supra, of which mention was made in order dated 10th december, 2018, laying down, (i) that in the case of a partition suit, it is rule 18 that specifically applies; (ii) that the right to receive a share in mesne profits is a consequence of partition of the property; and, (iii) that at the stage of sub-rule (2) of rule 18 of order xx, the court can give directions as may be required and which would include directions for payment of mesne ..... contend that the defendant no.1, even if fails in his defence, of the deceased sibling having left a will bequeathing the flat aforesaid in exclusive favour of defendant no.1, would not be liable to compensate the plaintiff and others of the benefit which the defendant no.1 has enjoyed, by exclusive possession of the flat and which obviously is to the prejudice of the plaintiff and others. ..... if there is no will, one of the co-sharers, by exclusively occupying the flat, cannot deprive others of benefit of their respective shares, till final adjudication. ..... holding so would encourage a co-sharer to exclusively occupy property in which others have a share and then to contest the claim of others taking all sorts of pleas, thereby delaying the adjudication of claim of others and in the interregnum reap benefit / advantage of exclusive use of property and in the end also, inspite of losing, still getting his share. .....

Lalith Kumar Modi Vs. Assessing Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)37ITD422(Delhi)

..... relatives of the appellant are shareholders and directors, this was something similar to assessee indirectly continuing to exercise control over the shares and therefore, this was a scheme to get benefit under the act while still retaining control over the property.7.3 every transaction would always result in some benefit conferred upon the purchaser, such as title to the goods, income therefrom, etc.once the purchaser acquires the property in ..... he further contended that, the investment company had held shares of other companies as well in addition to the shares of modi group of companies.he pleaded that, it is true that the assessee who is an individual cannot claim any deduction under section 80m but that benefit which would be available to the company consequent to it having purchased the shares was not something that was conferred upon it by the appellant but by ..... case of the seller transferring the goods with rider that all benefits that would arise in the future on those goods would belong to him alone, then there is no sale at all but would be a mere lease of the goods, which is not the same thing as a sale.if we have to accept the proposition advanced by the revenue, then the conclusion has to be that, the shares were never sold, in which event, there would arise no ..... or arising of dividends in the future cannot be the criteria for evaluation of the present transaction and also of any benefits that might be enjoyed by the company in the future by holding to those shares. .....

Gorawara Plastics and General Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... later on, when the assessee was in a position to utilise the funds for acquiring fixed assets, the assessee could either sell the shares or utilise the required amount, out of internal accruals for the purpose of purchase of fixed assets.the appellant, in fact, acquired fixed assets till the end of the ..... of interest is viewed keeping in mind the overall analysis of funds, it would be found that the investment in fixed assets, current assets and other business assets even after excluding the investment in shares, are substantially more than the amount of term loan borrowed by the appellant company from hong kong bank. ..... bank, which could not be immediately utilised for the purpose for which the bank sanctioned the loan and the money was lying idle, for purchase of shares of 'sil' and 'tel' will have to be adjudged from the point of view of a prudent trader. ..... company authorises the appellant company to invest money for acquiring shares and securities of such companies which are carrying on any business or transactions which result in benefit to the assessee-company. ..... inter alia, invest money for acquiring shares and securities of any such company-carrying any business or transactions, which may result in benefit to the assessee company. ..... down by the hon'ble full bench of the delhi high court, we are of the view that the assessee has discharged the burden of proving the identity and genuineness of the share money given by sunil sethi on behalf of his minor son, master dhruv sethi. .....