Judgment Search Results Home > Cases Phrase: companies profits surtax act 1964 Court: delhi Page 100 of about 2,291 results (0.082 seconds)

Cit Vs. Dr. R.L. Bhargava

Court : Delhi

Reported in : (2002)174CTR(Del)50

..... 12 tax cas 586 where, at page 596, it was observed thus :'the real question is, looking at this matter, is the transaction in substance a parting by the company with part of its property for a purchase price, or is it a method of trading by which it acquires this particular sum of money as part of the profits and gains of that trade for that purpose one has to look at the nature and substance of the transaction and the agreement as a whole. ..... also no attempt to part with the technical knowledge absolutely in favor of the assessed.the following facts which emerge from the agreement clearly show that the secret processes were not sold by the swiss company to the assessed : (a) the license was for a period of five years, liable to be terminated to certain eventualities even before the expiry of the period; (b) the object of the agreement was to obtain the benefit ..... after the date of the agreement to other persons; (d) the assessed was expressly prohibited from divulging confidential information to third parties without the consent of the swiss company; (e) there was a transfer of the fruits of research once for all, the swiss company which was continuously carrying on research had agreed to made it available to the assessed; and (f) the stipulated payment was recurrent dependent upon-the sales, and only ..... (1964) 41 tax cas 556 and evans medical ..... questions have been referred to this court for its opinion by the tribunal in terms of section 256(1) of the income tax act, 1961 :'1. .....

Win-Medicare Pvt Ltd. Vs. Galpha Laboratories Ltd. and Others

Court : Delhi

..... even though there may be some doubt as to whether laces or acquiescence can deny the relief of a permanent injunction, judicial opinion has been consistent in holding that if the defendant acts fraudulently with the knowledge that he is violating the plaintiff s rights then in that case, even if there is an inordinate delay on the part of the plaintiff in taking action against the defendant, the relief ..... his "the law of unfair competition and trade marks", fourth edition, volume two at page 1282 noted as follows: "where infringement is deliberate and willful and the defendant acts fraudulently with knowledge that he is violating plaintiff s rights, essential elements of estoppels are lacking and in such a case the protection of plaintiffs rights by injunctive relief never ..... brief facts of the case as per the plaint are:- (i) the plaintiff company was incorporated in the year 1981 and is engaged inter alia in the business of manufacturing, distributing and marketing ..... reply affidavit of the plaintiff lists the orders of the trade mark registry from 1964 to 2000, where plaintiff's mark has been protected inter alia for reason ..... for permanent injunction restraining infringement of trademark, copyright, passing off, delivery up, rendition of accounts of profit, damages, etc. ..... the case is finally disposed of, after trial, and the plaintiff succeeds and gets a permanent injunction then, possibly, the plaintiff may also be compensated by his being awarded damages or an account of profits. .....

Fatima Sultana (Since Deceased Through Her Legal Heir Vs. Mohd. Usman ...

Court : Delhi

..... payment of compensation and rehabilitation grants to displaced persons, there shall be constituted a compensation pool which shall consist of (a) all evacuee property acquired under section 12, including the sale proceeds of any such property and all profits and income accruing from such property; (b) such cash balances lying with the custodian as may, by order of the central government, be transferred to the compensation pool; (c) such contributions, in any form whatsoever, ..... payment of compensation to a displaced person or any lease or allotment granted to such a person has been obtained by him by means of fraud, false representation or concealment of any material fact, then notwithstanding anything contained in this act, the chief settlement commissioner may pass an order directing that no compensation shall be paid to such a person or reducing the amount of compensation to be paid to him, or as the case may be, cancelling the lease or ..... (c) by allotment of any such property to a displaced person or an association of displaced persons whether incorporated or not, or to any other person, on such valuation as the settlement commissioner may determine; (d) in the case of a share of an evacuee in a company, by transfer of such share to a displaced person 1 or any association of displaced persons, whether incorporated or not, or to any other person], notwithstanding anything to the contrary contained in the indian ..... sale programme which will commence after 9th january, 1964. 2. .....

PGS Exploration (Norway) AS Vs. Additional Director of Income-tax

Court : Delhi

..... technical services received from government or an indian concern in pursuance of an agreement made by a non-resident (not being a company) or a foreign company with government or the indian concern after the 31st day of march, 2003, where such non-resident (not being a company) or a foreign company carries on business in india through a permanent establishment situated therein, or performs professional services from a fixed place of profession ..... for technical services other than income referred to in sub-section (1) of section 44da received from government or an indian concern in pursuance of an agreement made by the foreign company with government or the indian concern after the 31st day of march, 1976, and where such agreement is with an indian concern, the agreement is approved by the central government ..... situated therein, and the right, property or contract in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed place of profession, as the case may be, shall be computed under the head "profits and gains of business or profession" in accordance with the provisions of this ..... v. secretary, board of revenue trivandrum, air 1964 sc 207 it was held that a familiar approach in such cases is to find out which of the two apparently conflicting .....

Pritam Singh Vs. the State

Court : Delhi

Reported in : 1972CriLJ1621a; 7(1971)DLT345

..... accused and that of taking from the surety is independent and separate one, then such an undertaking given by the accused to reimburse the surety would be opposed to public policy and it would be defeating the object of the act which is to bind the accused and the surety separately to the undertaking to see that the accused appears before the court. ..... state 1964 2 cri. l. j. ..... - 'the police officer in the present case appears to have acted under s. ..... (2) the the facts of the case are that one banwan lal who is a milk vendor was proceeded with under the prevention old food adulteration act, 1954. .....

Canteen Employees of the Central Ordnance Depot Vs. Central Govt. and ...

Court : Delhi

Reported in : (1978)ILLJ296Del

..... was one of the items in dispute..still later, in the judgment, it is said:similarly, even in regard to the claim for bonus, if the respondents are able to show that the profits earned by the company during the relevant year compared to the profits earned during the preceding years justified their demand for additional bonus it would plainly be a punitive action to refuse to refer such a dispute solely on the ground of their misconduct.hence, in ..... instance be open to the government in considering the question of expediency to enquire whether the dispute raises a claim which is very stale, or which is opposed to the provisions of the act, or is inconsistent with any agreement between the parties, and if the government comes to the conclusion that the dispute suffers from infirmities of this character, it may refuse to make the reference ..... a much higher bonus in view of the profits made by the company during the relevant year. ..... dealing with the question as to whether it would be expedient or not to make the reference government must not act in a punitive spirit but must consider the question fairly and reasonably and take into account only relevant facts and ..... it is said that the defense installations canteen employees association is registered under the indian trade unions act according to the petition, there is a central ordnance depot in delhi cantonment which is managed by the ministry of defense at which ..... state of bombay : (1964)illj351sc , the supreme court again considered .....

Uday Kaushish (Minor by His Mother and Natural Guardian, Mrs. Sheila K ...

Court : Delhi

Reported in : (1982)29CTR(Del)217; [1982]137ITR906(Delhi)

..... [1949] 1 all er 109 (ca) that 'the requirements of natural justice must depend upon the circumstances of the case, the nature of the enquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with and so forth' and summed up the position thus :'no doctrinaire approach is desirable but the court must be anxious to salvage the cardinal principle to ..... - (1) for the purpose of making an assessment (including an assessment in respect of any assessment year commencing before the date of coming into force of this section) under this act, the wealth-tax officer may refer the valuation of any asset to a valuation officer -(a) in a case where the value of the asset as returned is in accordance with the estimate made ..... the companies act and involved the question of the extent to which the inspectors appointed by the board of trade to investigate into the affairs of a company were under a duty to disclose to the company the information ..... 16(2) should be issued before the wto can refer the question of valuation to the valuation officer;(2) even if the provisions of the act are not constituted as placing on the wto any such statutory obligation, the requirements of natural justice demand that the assessed should have such an ..... borneman [1969] 3 all er 275; [1970] 75 itr 652, a surtax case, which contains an interesting discussion on the applicability of the principles of natural justice to various types of situations, in particular, a situation where .....

Natwar Lal Gupta Vs. Ito

Court : Delhi

Reported in : (2004)86TTJ(Del)1006

..... the most important condition of bearing the cost of their education abroad was that the employees on their return, must serve for 7 years in the company and in the event of not serving or quitting before the expiry of their seven year term, they were required to return the entire cost of education along with ..... the department had taken proceedings under section 201 of the act against the employer company for alleged default in not deducting tax at source on the amount of expenditure incurred by the employer company on the higher education of the appellant, treating the same as perquisite ..... hypothetically stating, in case the appellant was not to return to india and not serve the employer company for the seven years period, the amount spent by the employer company would be recoverable from the appellant as a loan carrying interest at the rate of 20 per cent per ..... the investment decisions made by the appellant till date, have benefited the employer company substantially, broad details of which are as below :financial yearprofit from sale of sharesdividend on sharesgain/loss from redm of mutual fund unitsdividend on unitsvyaj badla incomeinterest income rs.rs.rs.rs.rs.rs.1999-00 3,44,316 20,989 16,48,240 59,2572000-01 6,53,132 58,977 2,717 ..... the incurring of the expenditure was foremost and primarily prompted to equip the employer company to carry on business in the field of finance by having available person(s) having specialised knowledge and ..... russel : [1964]53itr91(sc) .6. .....

R.K. Sharma Vs Union of India and ors.

Court : Delhi

..... one or more of the following punishments to any enrolled member of the force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely:(a) fine to any amount not exceeding seven days' pay or reduction in pay scale;(b) confinement to quarters for a period not exceeding fourteen, days with ..... about them with ulterior motive for monetary gain.8) that he made no efforts to connect the recovered 12 bags rice.9) that he did not arrest accused mahesh khalasi of case crime no.32/82 u/s 3 rp (up) act case when he met him at his residence for bargaining to let him off.10) that he accepted rs.1000/- as illegal gratification from mahesh for not arresting him till 26.4.82 i.e. ..... of enrolled members of the force: (1) subject to the provisions of article 311 of the constitution and to such rules as the central government may make under this act, any superior officer may:(i) dismiss, suspend or reduce in rank any enrolled member of the force whom he thinks remiss or negligent in the discharge of his duty or unfit for the same; or(ii) award any ..... by way of the present writ petition, the petitioner, a company commander of the railway protection force (hereinafter referred to as `rpf' for brevity), tundla, has challenged the order dated 14th september, 1989 (wrongly mentioned as 18th september, 1989 in the writ ..... manu/sc/0222/1963 : (1964)iillj150sc ; central bank of .....

Hamdard National Foundation (India) and Another Vs. Abdul Jalil and Ot ...

Court : Delhi

..... even assuming lower end of the range for the purpose of calculation of damages in this case, the profits accruing to the defendants on net sales for the last three years (2001-2004) alleged to be approximately ..... taking these on the face value for the purpose of calculation of the approximate sum of the profits of the defendants under the impugned trademark which are directly the losses of the plaintiffs. ..... plaintiff no.1 was created in 1964 to disburse the profits of hamdard dawakhana (wakf) and for tackling the nation's health and educational problems and promoting social and cultural activities that went on to contribute towards the creation of several educational and cultural institutions ..... has come on record that plaintiff no.1 is a charitable institution registered under the societies act (xxi of 1860), having its registered office at 2a/3 asaf ali road, new ..... in 1948, the company hamdard dawakhana was converted from a commercial enterprise into a charitable trust, hamdard dawakhana ..... the average percentage of net profit of sales, on such goods by the industry standards is 10% ..... plaintiff no.2 is a wakf registered under the wakfs act, 1954 with its registered office at hamdard marg, ..... have filed the suit for permanent injunction, restraining infringement of trademark, copyright, passing off, rendition of accounts of profits, delivery up, etc. ..... all profits earned by the defendants in pursuance of its illegal activities are the plaintiffslosses and amount to unjust enrichment to the .....