Judgment Search Results Home > Cases Phrase: cost and works accountants act 1959 section 22c procedure etc of authority Page 7 of about 105 results (0.119 seconds)

Flotech Welding and Cutting Systems Ltd. Vs. Chander Singh and ors.

Court : Mumbai

Reported in : [2004]271ITR300(Bom)

..... it was submitted that if the computation of income does not tally with the profit as per the audited profit and loss account, it was not a defect as contemplated under clause (e) of the explanation to section 139(9) of the act and, therefore, the assessing officer was not justified in declaring the return to be invalid.15. mr. ..... before parting, we would like to place on record that in the present case, after treating the return as invalid, the assessing officer had issued a notice on september 7,1994, under section 143(2) of the income-tax act requiring the petitioner to attend before him and to produce documents, accounts and any evidence on which the petitioner proposed to rely in support of its claim. ..... the assessee had not rectified the defect within the stipulated time and had not sought extension of time either before the assessing officer or before the revisional authority and for the first time before the high court extension of time was sought. ..... similarly, there may be cases where the interest on monies borrowed for acquisition of plant and machinery may be capitalised towards the cost of the plant and machinery up to the period the plant and machinery is used for the purpose of the business. ..... the decision of the gujarat high court in the case of gopal glass works pvt. ..... relying upon the decision of the gujarat high court in the case of gopal glass works pvt. .....

Satish Chandra and anr. Vs. the Registrar Co-operative

Court : Delhi

Reported in : 1993IIIAD(Delhi)81; 1993(26)DRJ528

..... though this argument is-of no force for challenge the unconstitutionally or the virus of sec.34 of the act, it must be made clear that from the language of this section it is amply clear that the legislative intentions are to validate acts of society or its committee or of any officer which may otherwise ought to have been invalid on account of any defect in the procedure or in the constitution of the society or of the committee. ..... member even if his contribution is bare minimum can thwart the process of expulsion on account of various procedural delays in the office of the registrar, co-operative societies and on account of the provision of appeal in the cooperative societies act. ..... this results in delays in construction and also burdening the members on account of escalated cost. ..... this has been amended of course keeping in view the exigencies of the working of the society that normally in societies the members do not take interest and meeting had to be adjourned for lack of quorum. ..... it should not be a device to keep one's foot in the society and wait for the completion of the flats at the cost of others who have been regularly paying. ..... under the garb of one technicality or the other what the petitioners are trying to achieve is to constantly engage the society into litigation without making any payment towards cost of construction of the flats. ..... petition is dismissed with costs of rs.2500.00 . ..... rewal was illegal as he charged 3 per cent as his professional fees on the cost of project. .....

Indian Institute of Banking and Finance Vs Mukul Srivastava

Court : Delhi

..... according to the cic, in this respect, the petitioner was no different from the central board of secondary education, the institute of chartered accountants of india, the institute of cost and works accountants of india, etc. ..... the mere subscription received by the petitioner from its members, some of whom may be public authorities within the meaning of section 2(h) of 7 the rti act and the fees collected by it from the candidates who take the examinations conducted by it, cannot as such constitute "substantial financing" by the "appropriate government". ..... therefore, in order to ascertain if it is a public authority, it is section 2(h)(d)(ii) of the rti act that requires to be referred to. ..... yes 1.the short question is whether the indian institute of banking & finance, the petitioner herein, is a `public authority within the meaning of section 2(h) of the right to information act, 2005 (rti act).2. ..... consequently, it was concluded that the petitioner is a public authority under section 2(h) of the rti act.7. ..... if the arguments of the respondent were to be accepted then section 2(h)(d)(ii) should permit substantial financing directly or indirectly through funds provided by "a public authority". ..... it is not possible to read into section 2(h)(d)(ii) of the rti act words that do not exist.15. ..... in reply to the above letter, the petitioner informed the respondent that the petitioner was not a public authority under the rti act. .....

Nagpur Hotel Owner's Association Vs. City of Nagpur Corporation

Court : Mumbai

Reported in : (1982)84BOMLR600

..... of buildings in accordance with the bye-laws, that in some cases the owners also contribute towards the capital cost of pipe, that they bear also the cost of works for taking such water, that in certain cases water is supplied to persons outside the limits of the municipality and non payment of charges due for supply of water entails the penalty of cutting off the water supply which would be restored only on payment of the expenses involved ..... in exercise of the powers conferred by sub-section (1) of section 418 of the city of nagpur corporation act, ws ('the act' for short), the state government confirmed the city of nagpur corporation assessment and collection of water rates bye-laws, 1966, made by the administrator. ..... 44:ordinarily, the fees are uniform and no account is taken of the varying abilities of different recipients to pay, vide lutz on 'public finance' p. ..... 2nd list of the seventh schedule of the constitution it is either permissible for the state to levy this imposition as a tax or to delegate such authority to the corporation. ..... section 220 deals with power of the commissioner to fix scale of charges for establishing communications from and connections with mains or service cables or for installing wires and pipes for the supply of electricity or 'water or for the use of meters etc. ..... some are tolls, fees, cess, etc. .....

Flotech Welding and Cutting Systems Limited, a Company Registered Unde ...

Court : Mumbai

Reported in : (2004)188CTR(Bom)268; 2004(3)MhLj87

..... it was submitted that if the computation of income does not tally with the profit as per the audited profit and loss account, it was not a defect as contemplated under clause (e) of explanation to section 139(9) of the act and, therefore, the assessing officer was not justified in declaring the return to be invalid.13. mr. ..... according to the assessing officer under clause (e) of the explanation to section 139(9), the return was to be accompanied by an audited profit and loss account and balance sheet and, therefore, the said accounts should form the basis of the computation of income under the income tax act. ..... the assessee had not rectified the defect within the stipulated time and had not sought extension of time either before the assessing officer or before the revisional authority and for the first time before the high court extension of time was sought. ..... similarly, there may be cases where the interest on monies borrowed for acquisition of plant and machinery may be capitalised towards the cost of the plant and machinery upto the period the plant and machinery is used for the purpose of business. ..... the decision of the gujarat high court in the case of gopal glass works pvt. ..... relying upon the decision of the gujarat high court in the case of gopal glass works pvt. .....

Mohammed Muflih Vs. Competent Authority

Court : Chennai

..... by the appellant in writing to attend before the tribunal; or (b) a legal practitioner entitled to practise in any civil court in india, who is authorised by the appellant; or (c) an accountant, being an associate or fellow member of the institute of chartered accountants of india or the institute of cost and works accountants of india, who is authorised by the appellant; or (d) in relation to a competent authority who is a party to any proceeding before the tribunal a standing counsel to the government or a person duly appointed by the government by notification in the official gazette as the authorised representative ..... for failure to follow the procedure, if the party aggrieved is able to show failure of justice on account of non-compliance of the said procedure contemplated in the rules, then only, it can be a ground to interfere with ..... half share in respect of the first item of the property, which is the subject matter of these writ petitions, of course, it is true that a learned single judge of this court has ordered for an enquiry under section 18 of the act, but, it cannot be forgotten that the said half share was owned by the brother of mr.t.s.a.omer farook. ..... her, so far as the appellate tribunal is concerned, the procedure is governed by the ".smugglers and foreign exchange manipulators (appellate tribunal for forfeited property) rules, 1977". ..... mere failure to follow a procedure, without there being any resultant miscarriage of justice cannot be a ground to interfere with .....

m/s.l.r.brothers,indo Flora Ltd. Through Its Director Vs. Comissioner ...

Court : Supreme Court of India

..... the statement shall be certified by an independent cost/chartered/cost and works accountant and endorsed by the customs/central excise officer having jurisdiction over the unit. ..... march, 1976 or the development commissioner concerned as the case may be, from the whole of the duty of customs leviable thereon under the first schedule to the customs tariff act, 1975 (51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the second mentioned act, subject to the following conditions, namely : development) industrial of (1) the importer has been granted the necessary licence for the import of the said goods; (2) the importer, at the ..... in view thereof, the authorities below have rightly invoked section 28 of the 1962 act and allied provisions.35. ..... however in the present case as per records, the party failed to furnish the same application as well as permission, if any to this department and did not follow the procedure as laid down in the hand book of procedure, export import policy 1997 2002. ..... even in the letter seeking ex post facto approval, the appellant claimed that they had not used any imported input such as fertilizer, plant growth regulations, etc. .....

Uttam Singh Duggal and Co. Vs. Union of India and ors.

Court : Delhi

Reported in : 1988(2)ARBLR225(Delhi); 35(1988)DLT372

..... the items of cement and steel reinforcement bars in the extended period, continued to be issued at the rates provided in the agreement and there could be no effect in increase of cost of the work on account of these materials. ..... 10,54,25 3.00 on account of damages arising out of breach of contract caused due to abnormal delays in supply of workings, drawings, detail structurals, designs, specifications etc. ..... where the contractor treats the breach as partial and continues the work, the most usual circumstances which give rise to claims are delays in giving the contractor possession of the site or in the supply of drawings, or suspension of the work caused by some act or omission of the employer and a consequent increase of expenses in the performance of the works ; and the contractor may be able to recover damages for delay caused by the employer, notwithstanding that an extension of time for completion has been granted ..... section 34, civil procedure code . ..... the delay of 42 months, beyond the stipulated date of completion had been admitted by the competent authority of the respondents as contained in the document ex. ..... after considering the correspondence exchanged between the parties and the other material on the record the high court took the view that the government was liable to make extra payment for the work done as there was no dispute that the rates of material etc. .....

Hindustan Petroleum Corporation Limited, a Company Incorporated Under ...

Court : Mumbai

Reported in : 2008(1)ALLMR736; 2008(1)ARBLR166(Bom); 2008(1)BomCR89; (2007)109BOMLR2440; 2008(2)MhLj542

..... at the same time, we may also note that the petitioner is also not entitled to any counter claim on account of any delays on the part of the contractor as the petitioner had extended time on request of the contractor and that too without indicating that the petitioner would claim any compensation as required under section 55 of the contract act. ..... an award by an arbitral tribunal having no jurisdiction, or exercising jurisdiction, beyond the scope of its authority or to the very existence of the arbitration agreement would be contrary to the public policy of india. ..... 3,38,38,460.00ii) claim - 2compensation for the idle machinery and equipment 89,59,615.00iii) claim - 3compensation for losses incurred due to increased cost of material and labour 26,89,638.00(iv) claim - 4 compensation for carrying out extrawork(v) claim - 5 cost of repairs & rectification to beassessed after the joint inspection.total 4,68,87,938.00the petitioner denied the claims of the contractor and made counter claim of liquidated damages as per the terms of the contract in view of the delays and non completion of the work.3. ..... on 4-7-1996 the contractor made claims on the petitioner for 'extra costs of overheads and profits, extra expenditure on : 3: machinery, etc. ..... 3,41,24,558/-on different heads including the loss of profits, overheads, expenditure on machinery, etc. .....

Premier Automobiles Ltd. and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1972SC1690

..... cost and expenses on account of warranty and statutory bonus have been wrongly excluded from the ex-works cost.3 in fixing the cost for september 1969 even the actual admitted cost found by the commission has not been taken into account and the price has been fixed on the historical cost. ..... to take urgent measures to remedy the situation arising out of the closure of the said industrial undertaking and to ensure that production in the said scheduled industry does not suffer to the detriment of the public interest;now, therefore, in exercise of the powers conferred by section 15 of the industries (development and regulation) act, 1951 (65 of 1951), the central government hereby appoints for the purpose of making a full and complete investigation into the circumstances of the case, a body of persons....73. ..... to put it differently, the authority concerned in determining fair price should not demand from the manufacturer the paragon of excellence in the matter of volume of production but at the same time the authority should not make the consumer bear the margin of high cost resulting from avoidable low production. ..... it is to be found as the first section in chapter iii-b which is headed 'control of supply, distribution, price etc. ..... the procedure followed by the commission may be briefly noticed. ..... jha as chairman and other experts to review the progress of the automobile industry and to recommend measures in the matter of reduction of cost etc. .....