Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 8 amendment of section 10 Court: kolkata Page 10 of about 8,244 results (0.141 seconds)

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

..... economic torts in the twenty-firs.century. (obg ltd.v.allan 2008 (1) ac1174 neither decision pointed towards the economic torts developing new means for regulating economic competition. (see clerk & lindsell on torts, 21st edition) there has been for some years a degree of confusion as to the proper identification of the economic torts ..... covenant without an agreement. mr.chidambaram has referred to the decision of the hon ble supreme court in hardesh ores pvt.ltd.v.hede & company, reported at (2007) 5 scc614 paragraph 30, 31, 33, 37 and 39 and submitted that it is well established that for enforcement of the negative covenant, it presupposes the ..... the learned senior counsel has referred to sections 90 and 91 of the evidence act, 1872 in this regard. mr.chidambaram submits that the only agreement produced with the plaint is a shareholders agreement dated 21st january, 2010 along with an amendment no.1 to the said agreement dated 29th february, 2016. the shareholders agreement along .....

Commissioner of Income-tax, Calcutta Vs. Messrs. Piggot Chapman and Co ...

Court : Kolkata

Reported in : [1949]17ITR317(Cal)

..... was not an item of capital expenditure but was a revenue expenditure allowable as an admissible deduction under section 10(2)(xii) of the income-tax act as it stood before its amendment in 1946. the question raised must, therefore, be answered in the affirmative. the assessee respondent is entitled to the cost of the hearing in this ..... with piggot chapman & co., as exchange brokers in calcutta. the only question, therefore, in this case is whether periodical payment in consideration of a person refraining from competition is an item of revenue expenditure or not.in this view we are not called upon to consider the various authorities as to the character to payments, if made ..... and at any time work as exchange broker or in any way compete with the assessee-firm, and the consideration for such agreeing not to enter into competition with the assessee-firm as exchanger brokers in calcutta were annuities payable during the life time of mitchell innes to him to compassion with the assessee-firm as .....

Assistant Commissioner of Vs. A.S. Wardekar

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2001)77ITD405(Kol.)

..... also drawn by the ld. counsel of the assessee towards instruction no. 1964 dated 17-3-1999 issued by the c.b.d.t. explaining the amendments made by the finance (no. 2) act, 1998 enlarging the definition of assets to include business or commercial rights, right to manufacture, produce or process an article or thing, the board has ..... and the decision was gillanders arbuthnot & co. ltd. v. cit [1964] 53 itr 283 wherein it was held that- compensation paid for agreeing to refrain from carrying on competitive business in the commodities in respect of terminated agency is prima facie of the nature of a capital receipt. (ii) cit v. rao raja kalyansingh [1974] 97 itr 690 ..... below : (i) the assessee was always free to pursue any business of his choice after he chose to retire from the company. it was this perceived threat of competition to the business of the company which prompted the investor, that is, u.b. group to enter into a separate agreement with the assessee, whercunder they obtained an .....

Santosh Kumar Kejriwal (Executor Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)89ITD172(Kol.)

..... to appreciate this argument or subscribe to the same." the facts of the aforesaid case are that the provisions of section 11(5) of the act were, amended with retrospective effect from 1st april, 1983, by the amending act of 1991 and the time for disinvestment was extended up to 31st march, 1993. during the assessment year 1986-87 with which the court was ..... after its operation and the rule may well result in virtual nullification of most of the statutes. an amending act is, therefore, not retrospective merely because it applies also to those to whom pre amended act was applicable if the amended act has operation from the date of its amendment and not from an anterior date," 29. on general grounds of public policy, the legislature has declared .....

Deputy Commissioner of Income Tax Vs. M.L. Dalmiya and Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)100TTJ(Kol.)613

..... may be, as increased by the aggregate of the losses of such previous years, determined. thus, the amended definition now include "any expense deduction or allowance claimed under this act which is found to be false". prior to the amendment the "undisclosed income" could only include income "detected as a result of search". in other words " ..... and the scope of "undisclosed income " was enlarged. the amended definition of "undisclosed income" under section 158b(b) seeks to cover any expense, deduction or allowance claimed by the assessee and found to be false. 26.3. the memorandum explaining the provisions of finance act, 2002 is contained in cbdt circular no. 8 of 2002 ..... allowance can be considered as "false" if the same is not genuine or intentionally false or incorrect. accordingly, in the context, it would appear that the amendment would cover only those expense, deduction, or allowance claimed which are found to be false, i.e. claimed as allowable with an intention to suppress income. .....

Linkmen Services P. Ltd. and ors. Vs. Tapas Sinha and ors.

Court : Kolkata

Reported in : [2008]141CompCas198(Cal),(2008)2CompLJ61(Cal),[2008]83SCL143(Cal)

..... was invalid as it would enable the directors to compul-sorily expropriate a competing shareholder. there was no dispute in that case that the plaintiffs were in competition with the company. the court of appeal discharged the judgment of the vice-chancellor by relying on the following principle (page 162):possibly the limitation on ..... of a, resolution to alter the articles that provided, upon alteration, that the directors should have the power to require shareholders who carried on business in competition with the company's to transfer their shares to nominees of the directors. the article that was impugned in that case was in the following terms (page ..... case of mismanagement was believed appropriate orders ought to have followed.8. the board held that the idea of introducing the amendments to the articles by those in management of the company was an act of oppression, calculated to oust persons who had raised questions that inconvenienced those who controlled the company. if the board had .....

Md. Taha and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1966Cal359,69CWN801

..... mysore : [1962]3scr230 . in that case the validity of certain amendments to the mysore lotteries and prize competition control and tax act, 1951, were challenged on the ground of repugnancy having regard to the provisions of a central act, namely, the prize competitions act, 1955. the mysore legislature had previously passed a resolution adopting the central act and it was contended that by reason of this adoption ..... mysore legislature was no longer competent to pass any law with regard to the prize competitions because the whole matter including the power of taxation was surrendered in favour of parliament. the other ground urged was that the mysore act as amended was repugnant to the central act, and was to the extent of such repugnancy, void under article 254(1) of the constitution .....

Commissioner of Income Tax, Kolkata – I, Appellant Vs. The Peerless ...

Court : Kolkata

..... pointed out that the aforesaid clause (g) was introduced with effect from april 1, 1998. 98. disallowances were made in the assessment year 1997- therefore, the amendment which became operative with effect from april 1, 1998 could not apply to the assessment year 1997-98. we are also supported in our view by the judgment ..... book profit. the same is directed to be deleted while computing the book profit of the assessee for the purpose of section 115j.of the income tax act. mr.nizamuddin, learned advocate appearing for the revenue, reiterated the submissions advanced before the learned tribunal that the assessee is seeking to claim the benefit twice ..... crore while computing book profit of the assessee, by misinterpreting and not correctly appreciating the true scope of explanation (c) below section 115j of the income tax act, 1961?. the facts of the case, briefly stated, are as follows. the assessee has been collecting processing charges from the certificate holders from the financial year .....

Calcutta Port Shramik Union and ors. Vs. Board of Trustees of Calcutta ...

Court : Kolkata

Reported in : (2002)IIILLJ1098Cal

..... worldwide to address problems under similar circumstances. technological upgradation, higher productivity and resource generation are imperative. the challenge emanating from intra and/or inter-port competition within the country/region calls for urgent need for improvement of efficiency and customer satisfaction, augmentation of financial viability and new enterprise culture in major ports. ..... dated october 30, 1972, the retirement age of class iv employees was reduced from 60 years to 58 years. the fundamental rules was amended by fundamental (amendment) rules, 1998, amending rule 56 by a notification dated may 13, 1998 providing for retirement age on the attainment of 60 years by a government servant. the ..... own service rules. the adoption of the fundamental rules was in exercise of this power conferred upon it under section 31(3) of the said act. this did not preclude the board to frame its own rules or deviate from fundamental rules. the adoption of fundamental rules was in effect a .....

Price Water House and Anr. Vs. Commissioner of Income Taxxix and Ors.

Court : Kolkata

..... only if one or more of the conditions specified in clauses (a) to (m) of sec. 92a (2) of the it act are satisfied. mr.pal pointed out that sec. 92a(2) of the it act was amended by the finance act, 2002, with effect from 1 april, 2002. purposive interpretation aims at arriving at the true meaning of a statutory provision. in ..... read together. in support of this submission mr.pal referred to the memorandum to the finance bill, 2002, the relevant extracts whereof are as follows: it is proposed to amend sub-section (2) of the said section to clarify that the mere fact of participation by one enterprise in the management or control or capital of the other enterprise, ..... by way of writ petition. (36) learned counsel also referred to an order dated 10 july, 2012 passed by a division bench of the karnataka high court in ita826of 2007 (m/s.aztee software & technology-vs.-the assistant commissioner of income tax).in that case the income tax tribunal had set aside the order of the cit and had .....