Court : Chennai
Decided on : Dec-11-2003
Reported in : 2004(93)ECC447; 2004(166)ELT305(Mad)
..... of a dispute between the importer and the proper officer of customs valuing the goods, the same shall be resolved consistent with the provisions contained in sub-section (1) of section 14 of the customs act. in other words, in the event of the proper officer being not in a position to deal with the release of the goods, by straightaway applying ..... an importer should be accepted without any reservation. the learned addl. solicitor would state that by virtue of rule 4 read along with rule 9 as well as section 14 of the act, there is every power vested with the authorities to make an investigation in the event of any doubt arising as to the value declared by the importer and ..... exercise which is to be originated from the office of the proper officer as provided under the provisions of the customs act and the rules, in particular rules 10a and 11 read along with sections 14, 17 and 18 of the act.19. therefore, i am of the firm view that these writ petitions are highly premature in nature and have .....
Tag this Judgment!Court : Chennai
Decided on : Dec-10-2003
Reported in : (2004)187CTR(Mad)134; [2004]266ITR145(Mad)
..... 000 is depreciation which is allowed at a rate which is equal to the full cost of the asset that is acquired.7. sec, 50 of the act which was introduced w.e.f. 1st april, 1988, is titled 'special provision for computation of capital gains in case of ..... which is less than 100 per cent that can be taken note of for the purpose of section 50 of the act.19. having regard to the relevant provisions of the act which we have set out earlier and the effect of the same which also have been set ..... recognised stock exchange or a unit of the unit trust of india or a unit of a specified mutual fund.9. sections 48 and 49 of the act deal with the mode of computation of income chargeable under the head 'capital gains', and the cost with reference to ..... . that claim was uniformly rejected by the ao, appellate authority, as also by the tribunal, by placing reliance on section 50 of the it act.5. it is not in dispute that the books sold by the assessee are capital assets, in respect of which depreciation had .....
Tag this Judgment!Court : Chennai
Decided on : Dec-10-2003
Reported in : (2004)IILLJ30Mad
..... regarding the amounts received by them for the wages paid to the employees alone.17. as per the order exhibit a1, dated june 5, 1987 under section 45-a of the act, pursuant to the inspection made by the inspector for the employees' state insurance corporation, it was noticed that various amounts have been paid towards wages in ..... insurance court is incorrect. 13. to decide the first issue with respect to conveyance allowance, we have to appreciate the definition of 'wages' as defined under section 2(22) of the act which reads as follows:''wages' means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or ..... contribution on omitted heads. in spite of the objections of the respondent herein, the order, dated september 22, 1987/september 23, 1987 was made under section 45-a of the act. demanding a sum of rs. 37,240.88 towards arrears of contribution in respect of the labour charges for construction of the buildings. the order according .....
Tag this Judgment!Court : Chennai
Decided on : Dec-10-2003
Reported in : [2004]134TAXMAN790(Mad)
..... is depreciation which is allowed at a rate which is equal to the full cost of the asset that is acquired.7. section 50 of the act which was introduced with effect from 1-4-1988, is titled 'special provision for computation of capital gains in case of ..... a rate which is less than 100% that can be taken note of for the purpose of section 50 of the act.19. having regard to the relevant provisions of the act which we have set out earlier and the effect of the same which also have been set ..... stock exchange or a unit of the unit trust of india or a unit of a specified mutual fund.9. sections 48 and 49 of the act deal with the mode of computation of income chargeable under the head 'capital gains', and the cost with reference to ..... that claim was uniformly rejected by the assessing officer, appellate authority, as also by the tribunal, by placing reliance on section 50 of the income tax act.5. it is not in dispute that the books sold by the assessee are capital assets, in respect of which depreciation .....
Tag this Judgment!Court : Chennai
Decided on : Dec-09-2003
Reported in : I(2004)ACC435; III(2004)ACC212; 2004(1)CTC105; [2004(101)FLR619]; (2004)ILLJ998Mad; (2004)1MLJ273
..... pertinant to discuss relevant grounds raised by the appellant in this appeal.(a) with regard to the relief of compensation sought for by the first respondent under workmen's compensation act, the first respondent has not established before the commissioner for workmen's compensation that he was employed under the appellant. inspite of that the learned judge of this court without .....
Tag this Judgment!Court : Chennai
Decided on : Dec-09-2003
Reported in : [2004(101)FLR1031]; (2004)IILLJ68Mad; (2004)1MLJ277
..... liable to pay compensation.(iii) garrison engineer (projects) office of the commander works engineers v. smt. guttamma hanmatdas 1978 lab. ic. 878.in this case, section 12(1) of the act has been discussed elaborately. but, the facts of this case is different and is not applicable to the facts of the case in hand.(iv) new india ..... tmt. k. malarkodi and anr., . it is a case where the question of dependency was raised and dealt with. it was held that while section 12 of the workmen's compensation act indicates that the liability for compensation is ultimately that of the contractor, as far as the workman is concerned, he can recover the compensation from the ..... 12 ft. and sustained injuries in the head. in such circumstances, initially, the parents of the appellant herein filed a petition for compensation under section. 10(1) of the workmen's compensation act. it is to be seen that after appearance, the second respondent filed a counter stating that there was no contract of service between the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-09-2003
Reported in : I(2005)ACC640
..... compensation.(iii) the garrison engineer (projects) officer of the commander works engineers v. smt. guttamma hanmatdas 1978 lab. i.c. 878. in this case, section 12(1) of the act has been discussed elaborately. but, the facts of this case are different and are not applicable to the facts of the case in hand.(iv) new india ..... 12 ft. and sustained injuries in the head. in such circumstances, initially, the parents of the appellant herein filed a petition for compensation under section 10(1) of the workmen's compensation act. it is to be seen that after appearance, the second respondent filed a counter stating that there was no contract of service between the ..... the case, learned judge of bombay high court, nagpur bench has elaborately discussed about section 12(1) of the workmen's compensation act and held that the owner of the house is not vicariously liable. it was decided that the relevant section would not be applicable to the private citizen who is a householder and who constructs a .....
Tag this Judgment!Court : Chennai
Decided on : Dec-03-2003
Reported in : 2004(1)CTC48; (2004)1MLJ381
..... court in its judgment rendered in state of punjab v. sadhuram, : (1997)9scc544 has held that after taking possession of the land, by operation of section 16 of the act, the right, title and interest of the erstwhile owners should extinguish and the government became absolute owner of the property free from all encumbrances. under the ..... presence of the owner or the occupant of the land to effectuate the taking of possession is not necessary. no further notice beyond that under section 9(1) of the act is required. when possession has. been taken, the owner or the occupant of the land is dispossessed. once possession has been taken the land ..... in accordance with law. as mentioned in the foregoing paragraphs, wide publicity was given with regard to the proposed acquisition viz., publication of the notification under section 4(1) of the act in the official gazette; publication in two leading dailies viz., 'the hindu' and 'thinathanthi' and publication at convenient places in the locality. in the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-02-2003
Reported in : AIR2004Mad161; (2004)1MLJ116
..... enactment means an action or that which initiates an action and in other enactment it may also mean a step in an action...... the word 'any proceeding' in section 69 of the judicature act, 1878, was understood to be equivalent to any action. out in the rules of the supreme court. order 64. rule 13, 'proceeding' is used as ..... is crystal clear. those orders, which are interim in nature, cannot be the subject matter of revision under section 115. there is marked distinction, in language of section 97 of the old amendment act and section 32(2)(i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before the amendment came ..... of cpc. now, f proceed to consider as to whether revision is maintainable as per the amended act no. 46/1999 with effect, from 1-7-2002 in section 115, ipc.18. section 115 of cpc reads as follows :section 115 (before amendment) : (1) the high court may call for the record of any case which has been decided by .....
Tag this Judgment!Court : Chennai
Decided on : Dec-01-2003
Reported in : (2004)192CTR(Mad)459; [2004]271ITR553(Mad)
..... the revenue has not sought to rely on the same for .denying the exemption to the assessee.5. the term 'charitable' has not been defined in the wt act. however, in the it act in section 2(15) 'charitable purpose' has been defined in an inclusive way as including 'relief of the poor, education, medical relief and the advancement of any other object ..... trust deed is a lengthy document and contains 44 clauses. the assessee-trust has been treated as a public charitable trust within the meaning of section 11 of the it act.4. section 5(1) of the wt act provides that wealth-tax shall not be payable by an assessee in respect of any 'property held by him under trust or other legal obligation ..... . the question raised in these appeals by the assessee is as to whether the tribunal is right in holding that the assessee is not entitled to exemption under section 5(1) of the wt act.2. the assessee is a trust whose objects are set out in cl. 4a of the trust deed dt. 18th dec, 1967, which reads thus :'4a. .....
Tag this Judgment!