Default - Judgment Search Results

Rajalinga Chettiar and ors. Vs. Nataraja Mudaliar

Court: Chennai

Reported in: (1995)2MLJ211

..... a clear difference in law between the default and wilful default and that every default cannot be constrained in law as wilful default a wilful default is a default accompanied by a particular state of mind ..... of legal consequences flowing therefrom taking for instance a case where a tenant commits default after default despite oral demands or reminders and fails to pay the rent without any just .....

Sbi Capital Markets Ltd. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (1996)57ITD72(Mum.)

..... the assumption that imposition of penalty was automatic on a default being committed he submitted that in these cases the assessee ..... proves to the satisfaction of the assessing officer that the default was for good and sufficient reasons no penalty shall be ..... those which are in the specific knowledge of the defaulter and unless the defaulter discharges his burden to the satisfaction of the assessing .....

Superintending Engineer Vs. Income Tax Officer.

Court: Income Tax Appellate Tribunal ITAT Jaipur

Reported in: (1996)54TTJ(JP.)608

..... the amount of penalty which may be imposed inter alia for default of furnishing the return under s 206 beyond the prescribed time ..... penalty is to be calculated with reference to the days of default and computed at the prescribed rates in the application of the ..... and collecting penalty only and not the very ingredients of the default the provisions of taxing statute particularly those which cast a penal .....

Manoj Kumar Saraf, Vs. Magadh Stock Exchange Association and ors. and ...

Court: Patna

..... acts or omissions constitute a member committing the same a defaulter or what acts or omission render him liable to expulsion ..... that behalf as aforesaid the council shall declare him a defaulter and thereupon all the consequences and penalties arising therefrom as ..... has been argued that the declaration of akhileshwar upadhyaya as a defaulter having not been interfered with the cases of the present .....

Assistant Commissioner of Vs. Modi Engineers

Court: Income Tax Appellate Tribunal ITAT Jaipur

Reported in: (1995)54ITD478(JP.)

..... as per their estimates of current income despite such notice the default contemplated in this section is related to the non compliance ..... 209a l was incorrect and untrue to his knowledge his default of making short payment of his advance tax liability may ..... the assessing officer had specifically required the assessee to answer the default punishable under section 273 2 a and had thereafter given .....

Southern Steel Industries Vs. the Appellate Assistant Commissioner (C. ...

Court: Chennai

Reported in: (1996)1MLJ94

..... instead of passing an ex parte order of dismissal of appeal for default for non appearance iii the action of the first respondent in ..... is conferred on the appellate authority to dismiss an appeal for default i e for non appearance of parties however the learned government ..... to put it differently the appeal could not be dismissed for default 21 the supreme court in commissioner of income tax madras v .....

In Re: Gulraj Engineering

Court: Income Tax Appellate Tribunal ITAT IT

..... concerning the interest payable under section 234b of the act for defaults in payment of advance tax under each of the five situations ..... for which the interest should be charged under section 234b for default of payment of advance tax was an important matter requiring ..... assessing authority to reduce or waive the interest or condone the default it is in my view necessary to prefer that construction .....

Malleddi Prakasarao Vs. Margani Prem Gowri Devi

Court: Andhra Pradesh

Reported in: 1995(3)ALT771

..... court in the decision referred to above and secondly the subsequent defaults referred to by the appellate authority do go to indicate ..... the mind of the petitioner further goes to indicate that the defaults in the payment of rent made by him whether prior ..... were not bonafide coupled with this admittedly there had occurred subsequent defaults also from august 1980 onwards and in that regard a petition .....

R. Kanthimathi and anr. Vs. Beatrie Xavier

Court: Chennai

Reported in: (1996)1MLJ666

..... the case the rent controller held that the tenants committed wilful default in payment of rent and accordingly eviction was ordered under ..... sale agreement therefore it cannot be said that there is wilful default in payment of rent according to learned counsel for the ..... below were correct in holding that the tenants have committed wilful default in payment of rent accordingly i am not inclined to .....

Jessie Thavamani Vs. Liakath Basha

Court: Chennai

Reported in: 1996(1)CTC398; (1996)IMLJ304

..... petitioner herein it is contended that the tenant has not committed default in payment of rent likewise it is contended that the respondent ..... landlord and the tenant still continues and the tenant has committed default in payment of rent even after giving two notices of ..... landlord and tenant continues and therefore there is a clear wilful default in the payment of arrears of rent by the petitioner to .....