Judgment Search Results Home > Cases Phrase: cotton transport repeal act 1995 Page 16 of about 38,292 results (1.083 seconds)

Bank of Baroda Vs. Securities and Exchange Board of

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... with respect of any subject carries with it all the ancillary and incidental powers to make the law effective and workable and to prevent evasion. (see sodhi transport co. v.state of up) [1986] 1 scr 939 at pp.94748/air 1986 sc 1099) 69. in the case of ito v.mohammed ..... bank had released money even before the necessary application for listing was made to ase is not correct, as the company's prospectus dated november 21, 1995 as vetted by the respondent would indicate that necessary application for listing has been made to ase and 13se. this statement has not been rebutted.37 ..... fact that the matter was time barred.9. referring to the decision of the supreme court in rishya shringa jewellers ltd vs. the stock exchange, bombay (jt 1995 (7) sc 602) and the gujarat high court decision in rich paints ltd. vs. vadodara stock exchange ((1998) 92 com.case guj)) relied in ..... instead of complying with the said direction, the company preferred an appeal against the order before the appellate authority under the securities & exchange board of india act (the act). the appeal was dismissed on august 22, 1997. the company filed a revision application before the appellate authority, which was also dismissed on march 17, ..... from the subscribers, in their capacity as the bankers to the issue in the public issue of shares made by one jaltarang motels ltd., in december 1995.2. material facts giving rise to these two appeals relate to matters arising out of the public issue of 36 lakhs equity shares of rs. 1 .....

income-tax Officer Vs. R.K. Sawhney, J.L. Sawhney and

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)2ITD207(Delhi)

..... income from other sources' may look simple but the answer is not easy to find especially in view of the provisions of the income-tax act, 1961 ('the act'), coupled with myriad of decisions. the difficulty is further aggravated by the inelegantly drafted documents bearing on the question. to understand the implications ..... income or income from other sources. but in the course of discussion, their lordships referred to the provisions of section 9 of the 1922 act. there their lordships held that the liability to tax under section 9 is on the owners of the building or lands appurtenant thereto. we ..... not be such as to make that provision capable of being made an instrument- of oppression. it must be in consonance with the principles underlying the act. their lordships repelled the argument based on the statement of law by pollock on jurisprudence, 6th edition (1929), at pages 178-80, by observing as ..... means the persons having the ultimate right to the property. on the other hand, the revenue contended that for the purpose of the income-tax act, the owner is that person who is entitled to the income. their lordships examined the provisions of the custodian of evacuee property ordinance, 1947 and ..... was brought into force with effect from 1-4-1979. the basic question, however, is whether having regard to the provisions of the income-tax act and also the documents which are on record, the assessees can be taxed under the head 'income from house property'. here actually lies the difficult .....

Oswal Agro Mills Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)51ITD447(Delhi)

..... 592 (sc); (xv) cit v. kulu valley transport co. (p.) ltd. [1970] 77 itr 518 (sc); (xvi) cit v. tv. sundaram iyengar and sons (p.) ltd. [1975] 101 itr 764 (sc); (xviii) cwt ..... before the commissioner of income-tax (appeals) the assessee relied upon the decision of the special bench of the tribunal in the case of sutlej cotton mills ltd. (supra] for the proposition that capital gain was not required to be included for working out the book profit and it was only ..... appeals) and required us to look into the following further judgments:- (i) cit v. kanan devan hills produce co. ltd. [1979] 119 itr 431 (cal.); (vi) sutlej cotton mills ltd. v. asstt. cit [1993] 199 itr 164 (cal.-trib.) (sb);anandji haridas and co. (p.) ltd. v. engg. mazdoor sangh [1975] 99 itr ..... "book profit" under section 115j the said figure of depreciation already allowed was substituted for a lower figure prescribed in schedule xiv to the companies act.42. in addition to the aforesaid submissions the learned counsel appearing before the commissioner of income-tax (appeals) also referred to the background leading to ..... basis from year to year and prepared in accordance with relevant provisions of the companies act. fraud, mis-representation and mala fides should be absent. this view finds support from the special bench decision of sutlej cotton mills ltd.'s case [supra]. now in the present case it is an undisputed .....

Vishwanath Mansingka Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2001)78ITD163(Mum.)

..... of ito can be transferred by the commissioner to any other officer who, on such transfer shall be entitled to exercise all the powers under the act.since the cit under a statutory function transferred the jurisdiction to the iac, cent. range-iii, mumbai, the hyper technical view being taken by ..... but where the jurisdiction is transferred, under statutory exercise of power under section 127(1), the succeeding officer assumes all the powers prescribed by the act. in this behalf, the order of the cit in assessee's group cases consisting of about 26 cases dated 19-1-1985 is placed on ..... one officer to other officer in the same station and after transfer of jurisdiction, the successor officer assumes all the powers prescribed in the income-tax act, which are available to the original officer. if the assistant commissioner or deputy commissioner on his own initiates proceedings under section 148, the objection ..... , vehemently opposed the admission of these grounds. regarding additional ground no. 1, it was submitted that when a notice is issued, the income-tax act gives the assessee a time of 30 days under section 124(5) to raise the objection about jurisdiction. here, no such objection has been raised before ..... issue a notice and complete the assessment under that section. having regard to the provisions of sections 117 and 2(25) of the income-tax act, 1961, the order passed is in excess of jurisdiction hence deserves to be annulled." 3. during the course of hearing one more additional ground .....

Shailesh Prabhudas Mehta and Others Vs. Calico Dyeing and Printing Mil ...

Court : Mumbai

Reported in : [1990]67CompCas533(Bom)

..... has in this behalf relied upon the case of harinagar sugar mills ltd. v, shyam sunder jhunjhunwala [1961] 31 comp cas 387 and the case if balwant transport co. ltd. v. y, h. deshpande, air 1956 nag 20, in support of this contention, mr. mehta also points out that in fact no ..... right to have the share transferred in the names of the petitioners had already accrued in their favour. mr. kamdar has also referred to the case of vidyasagar cotton mills ltd. v. mt. nazmunnessa begum [1964] 34 comp cas 704, wherein it is, inter alia, laid down as follows (at page 711) ..... implies just and proper consideration of the proposal, in the facts and circumstances of the case., in the exercise of that discretion. the directors will act for the paramount interest of the company and for the general interst of the shareholders because the directors are in a fiduciary position both towards the ..... when, in december, 1967, the new board purported to refuse, they were no longer in a position to exercise that discretion which, if they had acted promptly, undoubtedly would have been theirs, to consider and, if they thought fit in the interests of the company, to refuse registration of the transfers' ..... registration as they would have had, if the deceased or insolvent member had transferred the share before his death or insolvency.' 'section 111 of the companies act, 1956, read as follows : power to refuse registration and appeal against refusal.- (1) nothing in sections 108,109, and 119 shall; prejudice any .....

Bda Ltd. Vs. Income-tax Officer (Tds)

Court : Mumbai

Reported in : (2006)201CTR(Bom)413; [2006]281ITR99(Bom)

..... dated september 26, 1972 (see [1972] 86 itr 30), it was clarified that, the said section will not apply to transport contracts. explanation iii was inserted by the finance act, 1995, and with effect from july 1, 1995, so as to include in the expression 'work' carrying of goods, and passengers by any mode of ..... transport other than by railways. based on the decision of the supreme court in the case of associated cement co. ltd. : [1993]201itr435 ..... have fallen outside 'work' but for its specific inclusion in the sub-section, and from july 1, 1995, section 194c became applicable to transport contracts, and section 194c was not applicable to the transport contracts before the insertion of explanation iii8. coming to the case at hand, we must state at the threshold ..... contended for the first time that, the single bench did not have jurisdiction under section 252(2) and (3) of the act to decide the demand for the financial year 1995-96 as the assessed income for the same year of the assessee was to the tune of rs. 2,13,33,830. ..... assessee submitted all the required documents along with books of account and denied the liability of tds for the financial years 1995-96 and 1996-97 under section 194c of the act in respect of the printed labels purchased from m/s. mudranika. it had contended that the transaction with m/s. .....

Dalmia Cements (Bharat) Ltd. Vs. Regional Transport Officer, Bellary

Court : Karnataka

Reported in : AIR1970Kant49; AIR1970Mys49; (1969)2MysLJ587

..... decision of the supreme court, above referred to, what was in question was whether the owner of a motor car, which was used for transporting passengers for hire was liable for prosecution under section 42 (1) of the act. the exemption under section 2 (18) did not fall for consideration in the said decision. it was in this context that the supreme ..... nature is capable of moving on roads would not be a sufficientground to attract the provisions relating to registration under the act. according to him, almost every vehicle which is adapted for use for a special purpose will have to be transported to the site on which it is intended to be operated, only by road. such a user would not bring ..... any other enclosed premises, like any other 'goods vehicle' which is required to be registered under the act. it may be that it is not as convenient or advantageous as any other public carrier or goods vehicle, which is commonly used for the transport of goods, when it is used for a similar purpose outside a factory or an enclosed premises. this ..... it within the scope of the provisions of section 22 of the act. it is further his contention that the purpose for which the vehicle is used .....

S.C. Mathur Vs. V.P. Punj

Court : Delhi

Reported in : 1997IVAD(Delhi)841; 1997(2)ARBLR56(Delhi); 67(1997)DLT822; 1997(42)DRJ590

..... by respondent no.5, as pointed out above, will not only be presumed to be with full understanding but the award has been subsequently acted upon. the letters by respondent no.5 referred to above suggest it was only a matter of implementation/execution of the award/family settlement and ..... (dead) through ors. versus mayank srivastava & ors. : air1994sc2562 it has been observed by the supreme court that 'circumstance of award having been acted upon inasmuch as the parties alienated the property would require the award made by the arbitrator should be maintained and should not be upset.' (17) one ..... these two properties are concerned, the equities have changed and the award dated 15th november 1989 after the acceptance of the same has been acted upon. page 47 is the letter dated 9th november 1989 by respondent no.5 suggesting that they have been discussing various valuations and packets ..... basantilal pyarchand : air1966mp56 the division bench held that 'a karta of the joint family can make a valid reference to arbitration and where he acts bona fide the award binds other members. where as between different branches, the question as to division of joint family property arises, head of ..... adduced evidence before the arbitrator; that the award has been accepted for themselves and their respective family/group and that the award has been acted upon; that the objectors are estopped from objecting to the award; further contending that there is no objection to the clarification on the award .....

Solanki Rameshbhai Virabhai Vs. State of Gujarat

Court : Gujarat

Reported in : (2001)3GLR2248; (2002)IVLLJ466Guj

..... of the petitioners. reference here may have to the following decision of the apex as well as of different high courts:* air 1966 sc 828* jagan singh v. state transport appellate tribunal, rajasthan & anr. - air 1980 (raj) 1* himmat jain v. the state of rajasthan & ors. air 1994 (raj) 53* a.m. mani ..... reference in this respect may have to the decision of the apex court in the case of chandigarh administration v. jagjit singh reported in air 1995 sc 705 and the latest decision of the hon'ble supreme court in the case reported in 2000 air scw 2389.14. the last contention raised ..... on the basis of irregular and unwarranted orders of the officers cannot be permitted to be raised by the litigants. on the basis of this act of respondents to continue irregular appointments of some of the persons, the petitioners cannot be given the benefit on the ground of discrimination. it is ..... filing appeal before the gujarat civil services appellate tribunal is also of substance. if we go by the schedule to the gujarat civil services appellate tribunal act, 1972, i find that the order of discharge of an employee from services is appealable. here also, if we go by the order of ..... the petitioners contended that the services of the petitioners were brought to an end in violation of the provisions of section 25f of the industrial disputes act, 1947. second contention has been raised that the persons junior to the petitioners were retained in service whereas the services of the petitioners were dispensed .....

Omprakash Vs. Chief Electoral Officer and ors.

Court : Rajasthan

Reported in : AIR2009Raj161

..... application before the chief minister straightway. office of the chief minister communicated the order of the chief minister, not once but twice. respondent no. 2 acted thereupon. it advised the regional transport authority to proceed, after obtaining a proper application from respondent 4 in that behalf. this itself goes to show that prior thereto no proper application was ..... one of the applicants desirous of obtaining permit of a particular route and passed order to that effect which was communicated to the, regional transport authority by the office of chief minister. regional transport authority acting on such order, granted permit to such applicant. although, the facts of that case were different but the observations with regard to character ..... of the regional transport authority are nonetheless weighty and worth quoting:16. chapter v of the act provides for control of transport vehicles. section 66 provides for necessity for permits in terms whereof a statutory embargo has been placed to the effect that ..... filed before the regional transport authority. such an interference on the part of any authority upon whom the act does not confer any jurisdiction, is wholly unwarranted in law. it violates the constitutional scheme. it interferes with the independent functioning .....