Judgment Search Results Home > Cases Phrase: companies profits surtax act 1964 Court: delhi Page 9 of about 2,291 results (0.066 seconds)

Unitech Holdings Limited Vs. Deputy Commissioner of Income Ltd.

Court : Delhi

..... the reasons recorded by the ao for initiation of the re-assessment proceedings indicate that during the assessment proceedings pertaining to the assessee's holding company, unitech limited, it was noticed that unitech limited had transferred shares in three joint venture companies, namely, unitech developers and projects limited, unitech hi-tech structures limited and unitech realty projects limited, to the assessee. ..... . annex-3 further to above, it is brought to your kind notice that at the end of the f/y 2009-10, the assessee company became the 100% holding company of bengal unitech universal townscape ltd and it is therefore advances of rs ..... according to the ao, the book value of the shares of the aforesaid three companies transferred by m/s unitech limited on the date of the transfer/sale - as on 31st march, 2010 - was rs.3,61,40,20,487/- and the said shares were transferred at the cost price of rs.41,15,79,320/-. ..... . annex-2 in this regard, most humbly it is submitted that the assessee company is a non-banking finance company (nbfc company) and is investment arm of unitech ltd ..... . in the circumstances, we find it difficult to comprehend as to how the acquisition of investments by the assessee could lead to an inference that the assessee had earned income under section 28(iv) of the act - value of any benefit or perquisite arising from business or profession - chargeable under the head profits and gains of business or profession. 26 .....

Asstt. Commissioner of Income Tax Vs. E.i. Dupont India Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)298ITR296(Delhi)

..... the roads continued to be in motorable condition, but it was not an advantage in the capital field, because no tangible or intangible asset was acquired by the assessee nor was there any addition to or expansion of the profit making apparatus of the assessee.here again the argument that prevailed was that road in question belonged to the state government and not to the assessee and, therefore, in so far as the assessee was concerned, no tangible ..... if the advantage consists merely in facilitating the assessee's trading operations or enabling the management and conduct of the assessee's business to be carried on more efficiently or more profitably while leaving the fixed capital untouched, the expenditure would be on revenue account, even though the advantage may endure for an indefinite future.once the expenditure is at the root ..... the books of accounts of the assessee was as per schedule vi of the companies act as "lease-hold improvements" and the same was spread over a period of ..... if the accounts of the assessee were prepared in accordance with part-ii and part-ill of schedule vi of the companies act, the assessing officer was not empowered to disturb the book profits he. ..... assessee was not entitled to adopt two different strategies under companies act and income-tax act. ..... the same in its books of account differently, in view of schedule vi of the companies act. ..... made by the assessing officer while computing book profit for the purpose of levy of tax under section 115ja of the act. .....

Star India P. Ltd. Vs. the Telecom Regulatory Authority of India and o ...

Court : Delhi

Reported in : 146(2008)DLT455

..... amendment were (a) to bring into being a clear distinction between the recommendatory/advisory and the regulatory functions of the authority as envisaged under sub-section (1) of section 11 of the act, (b) empowering the trai to fix terms and conditions of interconnectivity between service providers, (c) tariff setting function of trai has been brought under the purview of sub-section (3) of ..... has been vaguely averred that star india private limited is a company incorporated under the companies act, 1956, engaged in the business of distributing television channels and ..... in order to holistically interpret the phrase 'telecommunication service' we have juxtaposed the definition in section 2(1)(k) along with 3(1aa) of the indian telegraph act, 1885 (telegraph act):2(1)(k)3(1aa)'telecommunication service' means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile ..... thirdly, the right to use a frequency for a limited duration is not claimed by a business organization to make profit, and lastly - and this is an important aspect of the present case, to which no reply has been given by the mib - there is no claim to any ..... the commercial tax officer, visakhapatnam : [1964]4scr99 (stc case in short), the nine- judges bench of the supreme court clarified that the constitution deliberately and advisedly makes a clear distinction between fundamental rights available to ' ..... : [1964]6scr885 and .....

Sant Ram Vs. Mekh Lal and Co.

Court : Delhi

Reported in : AIR1968Delhi299

..... improvement trust' appear instead of the words 'at the instance of the government or delhi improvement trust' the wording of the two sub-sections is identical, and although as it stands the words of the punjab act are capable of the interpretation placed on them by the learned appellate authority that all that has to be pleaded and proved by the landlord is that the building has become unsafe or unfit for human ..... . the observations by the division bench that even if the building be unsafe or unfit for human habitation, the tenant must, according to the punjab act, be vested with the right to stick to the building and the landlord must be placed under a disability in the matter of securing eviction of the tenant so as to build or to ..... landlord, when applying for being put in possession of his building or rented land under section 13(3) (a) (iii) of the punjab act, to plead and establish that he requires the same in order to carry out any building work and the view adopted in the cases of panna lal, (1963) 65 plr 528 and chuhar mal, 1964 cur lj 119 = 66 plr 503 in this respect does nto lay down the law correctly.10 ..... grounds (i) that the tenant had been in arrears of rent since 1-3-1964; (ii) that the municipal committee, simla, had served the landlord with a ntoice under sections 113/114 of the punjab municipal act declaring that the premises in dispute and the building as such was in a dangerous condition and was liable to be reconstructed; and (iii) that the respondent was using .....

Tek Chakd Chitkaria Vs. Union of India

Court : Delhi

Reported in : 4(1968)DLT284

..... been sought to be challenged on behalf of the petitioner, but such a course, is in our opinion, nto open to the petitioner on revision under section 15(5) of the punjab act, it is undoubtedly true that the power of the high court under this provision are much larger than those exercised under section 115, civil procedure code, but its wide scope ..... instead of the words 'at the instance of the government or delhi improvement trust' the wording of the two sub-sections is identical, and although as it stands the words of the punjab act are capable of the interpretation placed on them by the learned appellate authority that all that has to be pleaded and proved by the landlord is that the building has become unsafe or unfit ..... or (ii) because the premises have become unsafe or unfit for human habitation: * * *as just observed, comparison of the language of the two provisions contained in the punjab act and the delhi act quite clearly illustrates the different legislative intendment and we find it extremely difficult to hold that the punjab provision is exactly similar for our purposes to the delhi provision. ..... shop in question situated in middle bazaar, simla, under section 13 of the punjab act on the grounds:- (i)that the tenant had been in arrears of rent since 13.1964 ; (ii) that the municipal committee, simla, had served the landlord with a ntoice under sections 113/114 of the punjab municipal act declaring that the premises in dispute and the building as such was in a dangerous .....

Universal Music India Ltd. and anr. Vs. Union of India (Uoi)

Court : Delhi

Reported in : [2008]87SCL51(Delhi)

..... -existent or untenable material, it is always open to the effected party to come to court and challenge the subjective decision by invoking the rule enunciated in the barium chemicals limited case (supra); (ii) sub-section 5 of section 399 of the companies act empowers the central government before authorising any member or members as contemplated by sub section 4 to require the applicant or applicants to give security for the payment of any costs which the court dealing with the application ..... to exist, then the opinion of the central government that it was just and equitable to grant the authorisation there under, is not open to challenge.if this be the position in law, then certainly it cannot be held that the company in respect of which the permission has been sought has a right to challenge the circumstances asserted by the applicant in support of its application under section 399(4) before the central government.48. ..... it is noteworthy that at the relevant point of time when the aforestated judgments came to be pronounced, the statute contained section 10a to section 10d in the companies act, 1956 wherein further powers and functions of the government were envisaged.so far as the present case is concerned, the amendment to the statute has made no material difference to the state of position as was before the court in ..... union of india : (1964)illj752sc ; state of u.p. v. .....

Stichting Doen-postcode Loterij Vs. VIn Poly Recyclers Pvt. Ltd. and o ...

Court : Delhi

Reported in : [2010]154CompCas155(Delhi)

..... the state of uttar pradesh : air 1954 sc 194 holding that pronouncement and delivery of judgment in open court is a judicial act which must be performed in a judicial way; up to the moment the judgment is delivered judges have the right to change their mind;(ii) chandgi v. ..... appeal has been preferred by the plaintiff in the suit before the learned single judge, against the order dated 12th december, 2008 staying further proceedings in the suit under section 22 of the sick industrial companies (special provisions) act, 1985 (sica). ..... if it were to be held that the judgment could be pronounced, then we see no reason why other proceedings in the suit, save a coercive proceedings qua the assets of the sick company, could also not be proceeded with further.9. ..... the purport of section 22 was to protect a sick company from the legal proceedings of the nature mentioned in section 22. ..... the literal meaning of the language of section 22 of the act is that the status as prevailing on the date of applicability of section 22 is to remain unless the permission of bifr to proceed further is obtained. ..... however, after the amendment in the year 1994, the legislature deemed it appropriate to bar the institution of as well as proceeding further with all the suits against such sick companies. ..... mohindra kumar : air 1964 sc 993 forms the backbone of the contention of the counsel for the appellant/plaintiff.2. .....

Kohinoor Creations and ors. Vs. Syndicate Bank

Court : Delhi

Reported in : 2005(2)ARBLR324(Delhi); IV(2005)BC156; [2006]132CompCas417(Delhi); 121(2005)DLT241; 2005(82)DRJ631

..... having effect by virtue of any law other than this act.2) the provisions of this act or the rules made there under shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india ltd, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development ..... on the proposition that even a special statute could be treated as a general statute, in a reference to the tussle of overriding provisions of companies act and the rdb act, it said:-'there can be a situation in law where the same statute is treated as a special statute vis-a-vis one legislation and again as a general statute vis-a-vis yet another legislation ..... had it been so, the parliament while amending sub-section (2) of the said section 34 of the act in the year 2000 would have inserted the arbitration and conciliation act, 1996 as it did in respect of the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989. ..... if an interpretation is given that the sick industrial companies (special provisions) act, 1985 is to prevail then there would be a clear ..... 22(1) also carries a non obstinate clause and says that the said provision shall apply notwithstanding anything contained in companies act, 1956 or any other law. .....

In Re: Bharat Steel Tubes Pvt. Ltd.

Court : Delhi

Reported in : 121(2005)DLT65

..... civil suit or go before the rent controller for recovery of possession and, thereforee, these proceedings would also be 'legal proceedings' contemplated under section 446 of the companies act and the said provision was applicable and leave of the court was required.in the process court also took note of the judgment of the madras high court in ..... in the application and particularly in a winding up proceeding, the court observed:'in an application, by the landlord of the premises under the tenancy of the company, under section 446 for leave to institute suit and legal proceeding against the official liquidator representing the company in liquidation, it would be too technical a plea that no relief by way of vacating the unauthorised ex-employee occupant is asked for in the application ..... of bombay high court was necessary under section 446 of the act and decreed the claim of the corporation against the company and its directors, when the matter was taken to the supreme court, their lordships held that in view of the provisions of section 41 of the life insurance corporation act which barred the jurisdiction of the civil courts, the tribunal alone ..... stated that the applicants are in dire need of the accommodation and as the residential house is not of any use or otherwise required by the company, this court should direct the official liquidator to remove the workers from 6 servant quarters immediately with the aid of police authorities and give possession of ..... 1st april, 1964 for a period .....

Official Liquidator of Security and Finance P. Ltd. Vs. B.K. Bedi, Etc ...

Court : Delhi

Reported in : 1974RLR694; [1991]71CompCas101

..... are pendings but rather also likely to be raised in future in this court and referred the following question to the chief justice for being referred to the larger bench: 'whetherin a prosecution under section 454(5) of the companies act, 1956, the burden of proving that the accused had no reasonable excuse for making the default in respect of which he is being prosecuted lies upon the prosecution? ..... knowledge of any person, the burden of proving that fact is upon him and suggesting that it may not be practicable for the official liquidator to prove anything and further in terms of illustration (a) to section 106 of evidence act the non-filing of the statement of affairs within the time prescribed and the absence of application by accused within the prescribed time shows that he had committed default and that it was for the accused ..... any person making or concurring in making the statement and affidavit required by this section shall be allowed, and shall be paid by the official liquidator or provisional liquidator, as the case may be, out of the assets of the company, such costs and expenses incurred in and about the preparation and making of the statement and affidavit as the official liquidator may consider reasonable. ..... meena alias mota : [1964]4scr331 : 'it is settled law that the burden of proving desertion-the 'factum' as well as the 'animus deserendi'-is on the petitioner and he or she has to establish beyond reasonable doubt to the satisfaction of the court, the desertion .....