Court : Supreme Court of India
Decided on : Feb-12-1988
Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)
..... narrower than the expression 'in relation to' used in section 3 of the coal-mines (nationalisation) act, 1973. when the coal-mines were nationalised, the sugar undertakings of swadeshi mining were not taken over since these constituted separate undertakings distinct from the coal-mines. he referred to entries 655, 656 and 657 of the schedule to the coal-mines (nationalisation) act, 1973.(4) dr. chitale submitted that the expression 'investment' may belong to a ..... so construed as to enable the government to indirectly acquire altogether different undertakings belonging to a different company.(2) swadeshi mining and manufacturing company limited had also coal-mines. when coal-mines (nationalisation) act, 1973 was passed with reference to sections 3 and 6 thereof, it were the coal-mines belonging to the said company along with the right, title and interest of the owners in relation to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-1988
Reported in : AIR1988SC1353; (1988)2CompLJ91(SC); JT1988(2)SC227; 1988(1)SCALE817; (1988)2SCC587; [1988]3SCR738; 1988(2)LC77(SC)
..... it was submitted that there was no public purpose in such acquisition. it is taxation and appropriation and not nationalisation. it was further urged that it was contrary to the preamble to the act because according to the preamble it was to ensure continuance of the manufacture, production and distribution of different varieties ..... the judgment at pages 85 and 86 of the paper book. it read as follows:shri nariman further submitted that swadeshi polytex limited and swadeshi mining and manufacturing company limited were two separate undertakings distinct from the six textile undertakings belonging to swadeshi cotton mills company limited. acquisition of these shares ..... 4, swadeshi cotton mills company limited as they have an interest in the business, affairs and properties of the swadeshi cotton mills company limited and swadeshi mining and manufacturing company limited. it was contended that the effect of the aforesaid decision was to take away valuable assets of respondent no. 4, namely, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1988
Reported in : JT1988(2)SC320; 1988(1)SCALE842; (1988)3SCC478; [1988]3SCR895; [1988]70STC122(SC); 1988(2)LC204(SC)
..... unless timely assessment is completed. in several taxing statutes, even in a situation like this, where assessment under sections 11(3) or 28(3) of the respective acts is contemplated, a period of limitation is provided. until by statute, such a limitation is provided, it is proper for the state governments to require, by ..... taxation officer and anr. : [1977]1scr716 , a three-judge bench of this court was considering the procedure of assessment laid down under section 11 of the punjab act. this court observed :on a correct interpretation of the provision aforesaid, what emerges is as follows:(i) that the assessing authority shall hear the evidence produced by ..... that assessments for these years were intended to be completed following the procedure in sub-sections (2) and (3) of either of the sections in the two acts. it has, therefore, been contended, relying on judgments of this court that there is no prescribed limitation for completing such assessments. in course of argument, learned .....
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