Court : Chennai
Decided on : Mar-06-2006
Reported in : (2007)210CTR(Mad)313; [2007]290ITR631(Mad)
..... right of the transferor. if the facts of the present case are analysed in the context of the law laid down by the supreme court and the various sections of the income tax act, we have no difficulty at all in holding that when the assessee transfers his leasehold rights in the land in his occupation by way of a sub- ..... the point argued by the assessee before the court was that the transfer by way of lease must stand excluded from the transfer as defined under sub-section (47) of section 2 of the income tax act. a division bench of this court negatived the point raised by the assessee. this court held that the right conferred on a lessee under a lease ..... the case on merits. it is needless to state that transferring an immovable property by way of a lease creates an interest in the land. according to section 2(14) of the income tax act, the word 'capital asset' means, 'property of any kind held by an assessee'. therefore it does not necessarily mean that the property, which the assessee holds, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-06-2006
Reported in : 2006CriLJ2074; (2006)2MLJ28
..... learned single judge in respect of custodial death, taking note of age and income of the deceased, family circumstance, dependency, etc., by applying multiplier as provided in the motor vehicles act, fixed compensation of rs. 9 lakhs.18. in malkiat singh v. state of u.p. : (1998)9scc351 in respect of death of his son dalvinder singh in an encounter, the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-2006
Reported in : 2006(4)CTC308; (2006)2MLJ72
..... the judgment debtor and should not encourage the frivolous and cantankerous litigations causing delay and bringing bad name to the judicial system.the second respondent also states that as per section 65 code of civil procedure, 'where immovable property is sold in an execution of a decree and such sale has become absolute, the property shall be deemed to have ..... of the petitioner herein, his sons, namely, r. selvaraju and r. arulkannan, had filed a petition to set aside the sale under order 21, rule 90, 97, 101 and section 151, code of civil procedure and the same was rejected by the trial court on the ground of maintainability.15. aggrieved by the said rejection by the trial court on ..... . for reasons which are not known to us he did not do so.25. it was contended that the amendment of section 47 of the code of civil procedure altered the whole situation in as much as by the amending act of 1956 auction purchasers are to be treated as parties to the suit.2. in the case reported in : [2001] .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-2006
Reported in : 2006(2)CTC386; (2006)3MLJ115
..... the course of arguments, it is brought to the notice of this court, sub clause 'k', relating to 'public lamps' and sub clause 'm' relating to 'street' of section 2 of the indian electricity act, 1910, which contemplate thus:-2. (k) - 'public lamps' means an electric lamp used for the lighting of any street.(m) - 'street' includes any way, road, lane, square ..... .5. the appellant herein filed an appeal, which was also dismissed by the first appellate court holding that no definition as to what is public lighting was found mentioned in act 1 of 1979, which was relied upon by the appellant herein to show that the respondent institution is liable to pay consumption charges under tariff viii and hence, in the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-09-2006
Reported in : III(2006)ACC792; 2007ACJ578; (2006)2MLJ658
..... appeal and accordingly, i decide that the proper multiplier has to be put based on the schedule-2 of section 166 of the motor vehicles act. the age has been taken as 47 years for which 13 is the proper multiplier to be applied in this ..... police thiru.anthonisamy has registered a case in crime no. 1602/95 for an offence under section 304(a) i.p.c. and section 184 of the motor vehicles act. p.w.2 further speaks to the fact that the driver of the lorry gajendran was charge ..... 10.1997. 2. the claimants are the wife and minor daughter. the claim petition was filed under sections 166 and 163-a of the motor vehicles act (hereinafter referred to as the 'act'), read with rule 3 of the m.a.c.t. rules (hereinafter referred to as the ' ..... halsbury's laws of england in vol.34, para 98 states the principle thus:98. assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Mar-10-2006
Reported in : (2007)105ITD502(Chennai)
..... the madras high court in the case of revathy cp equipment ltd. (supra), we hold that in view of proviso to section 147 read with section 149 of the income tax act, the assessment completed under section 143(3) cannot be reopened after expiry of four years from the end of the relevant assessment year unless there was ..... the income, profits or gains were first assessable: provided that nothing contained in this sub-section shall apply to a re-assessment made in pursuance of an order under section 31, section 33, section 66, or section 66a.under section 34 of the income tax act 1922, on the basis of the information which was in possession of the income tax officer ..... officer at the time of the completion of the assessment and was not considered at the time of original assessment, constitutes an information under section 147(b) of the i.t. act. this judgement was followed by the apex court in the case of saradbhai lakhani and another (supra). according to the learned representative for the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Mar-10-2006
Reported in : (2008)111ITD37(Chennai)
..... the total income of an assessee which has been either received or accrued shall be computed in accordance with the provisions of section 145 of the act. accounting standards i & ii under sub-section (2) of section 145 of the act, have been issued in consultation with the institute of chartered accountants of india. therefore, once income which has accrued shall be ..... would not alter the nature of receipt if it is actually a trading receipt. respectfully following the decision of hon'ble madras high court in the case south india explosives co. (supra) and decision of hon'ble supreme court in kcp ltd. (supra), it is held that sales tax collected on hire purchase transaction was liable ..... the court. we find that this issue is covered in favour of revenue by the decision of jurisdictional high court in the case of cit v. southern explosives company 242 itr 107 wherein it has been held that the amounts collected by the assessee were amounts which were meant to be utilised by assessee for meeting .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Mar-10-2006
Reported in : (2006)105TTJ(Chennai)391
..... to implead both of them as legal representatives and held that "i have also issued notices to both the legal heirs in exercise of my powers under section 251 of it act." further, the cit(a) while upholding the order of the ao, has given the following reasoning : it is clear by continuing the appellate proceedings through ..... legal heir certificate produced before the ao and both should have been impleaded as legal representatives. he argued that the expression "legal representative" mentioned in section 159 of the act takes in plurality of legal representatives. if there are more than one legal representative of the deceased person, then all must be impleaded to make the ..... excess relief has been allowed to the assessee on account of interest on unpaid interest and, therefore, he issued notices under section 148 of the act in view of the provisions of section 147 of the act. accordingly, the ao reopened the assessments for both the years on the reasons to believe that the income chargeable to .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-2006
Reported in : (2006)205CTR(Mad)161; [2006]284ITR470(Mad)
..... engineering contracts which includes raising and levelling the earth with earth moving equipments, raising the tank bunds etc. the income tax department intiated proceeding under section 132a of the act on mr. t.t.v.dinakaran, director of the assessee company. there were certain materials which related to the assessee. consequently, the assessee ..... was served with a notice under section 158bd of the act and based on such notice, proceedings were initiated on the assessee. the assessee filed a return of income on 25.03.1997 admitting undisclosed income ..... the said disallowance of the expenditure could not be considered as undisclosed income of the assessee. the word 'undisclosed income' is defined in section 158b(b) of the income tax act, which reads as under:includes any money, bullion, jewellery or other valuable article or thing or any income based on any entry .....
Tag this Judgment!Court : Chennai
Decided on : Mar-14-2006
Reported in : 2006(2)CTC377; (2006)2MLJ87
..... since it was not filed within three years from the date of the knowledge of the sale as per section 59 of the limitation act, is erroneous and cannot be sustained. the correct provision of law applicable under the limitation act is only article 109 and the suit having been filed in the year 1981, within 12 years from the ..... incurred and tainted with immorality and those debts are not binding on the plaintiffs and the trial court, on the basis of the evidence adduced, concluded that the act of immorality or illegality attributed to the first defendant has not been established or proved by the plaintiffs. the learned counsel for the appellants represented that he is not ..... rights and interest of the plaintiffs and the first defendant's father died in the month of chittarai in 1956 prior to the coming into force of hindu succession act and the joint family properties were shared only by the first defendant and his three sons namely, the plaintiffs and the second defendant had no share in the .....
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