Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Mar-25-1988
Reported in : (1988)25ITD193(Delhi)
..... the decisions of the supreme court, etc., are the following : (i) the nature of the receipt is to be determined from a commercial point of view [national cement mines industries ltd. v. cit [1961] 42 itr 69 (sc)]. (ii) the name given to the transaction which is the source of the receipt, is not conclusive though ..... same. in the case of jeewanlal (1929) ltd. (supra) no doubt, it was held that the cash assistance received by the exporters was inextricably connected with the act of exportation and that it was incidental to and supplemental to the trading receipts. however, the following factors need to be noticed in regard thereto : (iii) the decision ..... following grounds : that the learned cit (appeals) erred, in not allowing the full amount claimed by the appellant for deduction under section 35b of the income-tax act, 1961 particularly with regard to expenditure incurred as interest paid on post-shipment export credit loan ; loss incurred owing to the fluctuation in the rate of exchange ; .....
Tag this Judgment!Court : Delhi
Decided on : Apr-14-1988
Reported in : 2(1988)ACC467
..... contest the petition and they were proceeded ex-parte. at the time of accident both the vehicles were insured with m/s. calcutta insurance limited. after the nationalisation of the general insurance in india, the said company was later on represented by national insurance co. ltd. respondent jit singh filed written statement. in his written ..... policy' or a 'comprehensive insurance policy', the insurance company will be bound to pay higher compensation which would in all cases be more than the compensation under an 'act only' policy. in the present case the claimants had asserted that the policy was the 'comprehensive policy'.43. chand kanwar (supra) mr. justice guman mal lodha ..... the amount which was deposited by the insurance company) from the date of compensation application (5th august, 1968) filed under section 110-a of the motor vehicles act, before the tribunal.50. in view of the facts and circumstances of the case, this appeal is partly allowed and the award of the learned tribunal is .....
Tag this Judgment!Court : Delhi
Decided on : Aug-11-1988
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... own decision, then that inevitable interest cannot form the basis of a successful challenge. thus, in wilkinson v. barking corpn., the local government (superannuation) acts provided that questions as to the entitlement of an employee of a local authority to a superannuation allowance were to be determined initially by the local authority, ..... excise) was invested with the powers of a collector to exercise throughout the territory of india. one of the arguments advanced was that under provisions of the act, there was no scope for conferring any concurrent jurisdiction. it was held :- '...... in my view when central board had been conferred with the jurisdiction to ..... provisions for entrustment of functions. our attention has been invited to notifications issued from time to time, right from 1957 under section 2(b) of the act investing designated officers with all the powers of a central excise officer. particularly by notification dated august, 15, 1964, the officer on special duty appointed .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1988
Reported in : [1989(58)FLR731]; ILR1988Delhi467
..... the earlier transport system known as delhi transport services which in turn was as a result of nationalisation of gwalior and northern india transport company ltd. on may 14, 1948. on the coming into force of the delhi municipal corporation act, 1957, the transport service in delhi was taken over with effect from april 7, 1958 ..... of discharge is not rendered void and inoperative by such contravention. it is interesting to note that gajendragadkar, j., speaking on behalf of the court in equitable coal co. case : air1958sc761 , characterised the breach of section 33 as a technical breach not having tiny invalidating; consequence on the order of discharge or dismissal if ..... the scope of the inquiry under section 33a is what it has been held to be in the decisions in automobile products of india : (1955)illj346sc , equitable coal co. and the punjab national bank cases : (1959)iillj666sc , the conclusion must inevitably follow that the contravention of section 33 docs not render the order of .....
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