Court : Chennai
Decided on : Dec-01-2003
Reported in : [2004]140TAXMAN579(Mad)
..... 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 wealth tax act. however, in the income tax 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 ..... 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 income tax act.4. section 5(1) of the wealth tax act provides that wealth-tax shall not he payable by an assessee in respect of any 'property held by him under trust or other legal ..... 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 wealth tax act.2. the assessee is a trust whose objects are set out in clause 4-a of the trust deed dated 18-12-1967, which reads thus:'4 .....
Tag this Judgment!Court : Chennai
Decided on : Dec-01-2003
Reported in : (2004)192CTR(Mad)369; [2005]274ITR336(Mad)
..... amount and it certainly amounted to income and, therefore, it was subjected to tax.5. counsel for the assessee relied on the decision in the case of ctt v. southern explosives co. : [2000]242itr107(mad) , wherein the true character of a receipt was vividly discussed, as to when it would amount, to trading receipt or otherwise. it was held therein that .....
Tag this Judgment!Court : Chennai
Decided on : Nov-28-2003
Reported in : (2004)IILLJ608Mad
..... first respondent, which was numbered as i.d. no. 1177 of 1991, relating to termination of his services without complying with the provisions contained in section 25f of the industrial disputes act. respondent no. 2 claimed in the said claim petition that he was working as a mechanic and was drawing a salary of rs. 2000/- per ..... while reaching a particular conclusion. 7. keeping in view the aforesaid limited scope for interference in such matters, the award of the labour court is to be considered.8. section 2(s) defines the expression 'workman'. the relevant portion of the definition is extracted hereunder :-' 2(s) 'workman' means any person (including the apprentice) employed ..... in a supervisory capacity drawing wages more than rs. 1600/- per month, he was not a workman and as such the dispute raised under the industrial disputes act was not maintainable. it was further stated that the petitioner did not have any mechanic shop and the claimant was not working as maintenance mechanic. it was .....
Tag this Judgment!Court : Chennai
Decided on : Nov-19-2003
Reported in : 2004(1)CTC1; (2004)1MLJ374
..... relation to planned quantitative growth and for regulating and proper maintenance of norms and standards in the the technical education system and for matters connected therewith.4. the act in section 2(g) defines 'technical education' thus:'2(g). 'technical education' means programmes of education, research and training in engineering technology, architecture, town planning, ..... it is considered necessary, to establish such other boards of studies as it may think fit.12. in exercise of it's power under section 13(2) of the act, the board has established a number of other boards of studies for architectural education, for town and country planning education; for hotel management and ..... for existing institutions has been prescribed.25. these regulations have been framed in exercise of the power of the council under section 23(1) of the act. section 23(1) of the act sets out the power of the council to make regulations. it enables the council to make regulations not inconsistent with the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-18-2003
Reported in : AIR2004Mad106; (2004)1MLJ142
..... as rightly pointed out by both the courts below, the petitioner is estopped from taking a different stand, which is made clear under section 116 of the indian evidence act. section 116 of the indian evidence act contemplates that no tenant of immovable property, or person claiming through such tenant, shall during the continuance of the tenancy, be permitted to ..... reported in (atyam veeraraju and others v. pechetti venkanna and others) air 1996 sc 629 held in para-13 as follows:-'13. having regard to section 116 of the indian evidence act, 1872, during the continuance of the tenancy, a tenant will not be permitted to deny the title of the deity at the beginning of the tenancy ..... of the property that entitles a person to file a petition for eviction but when a person comes under the definition of landlord mentioned in section 2(6) of the rent control act, he is entitled to maintain a petition for eviction. hence, the leave sought for by the petitioner herein for fling additional counter to say .....
Tag this Judgment!Court : Chennai
Decided on : Nov-17-2003
Reported in : [2005]124CompCas122(Mad); [2005]59SCL723(Mad)
..... not take any action on the application within the stipulated period of ten weeks. the petitioner therefore approached the securities appellate tribunal under section 22a of the securities contracts (regulation) act, 1956. but, the tribunal returned the papers and refrained from deciding the appeal, since the managing director of the petitioner-company ..... respective stock exchanges have to accord permission within ten weeks from the date of filing of the application. the appeal filed under section 22a of the securities contracts (regulation) act to the securities appellate tribunal was returned on the ground that the sole member presiding over the said tribunal is personally known to ..... definition of the state under article 12 of the constitution of india. therefore, the writ petition lies against stock exchanges.15. section 22a of the securities contracts (regulation) act, provides for an appeal when the request was refused by the stock exchanges or omission or failure to pass an order on .....
Tag this Judgment!Court : Chennai
Decided on : Nov-12-2003
Reported in : 2004(1)CTC744
..... notice or wages in lieu of such notice. in the absence of such compliance, the termination of the petitioner is contrary to the provisions of section 41 of the said act. hence, the oral termination of the petitioner is also unsustainable.10. for all the above reasons, the impugned order of the first respondent appellate ..... by this court, the next question arises as to whether the petitioner could be terminated from service without there being any enquiry. section 41 of the tamil nadu shops and establishments act, 1947 reads as under:'(i) no employer shall dispense with the service of a person employed continuously for a period of not ..... no charges framed, no enquiry conducted before the termination of the petitioner. contending that the oral termination was contrary to the provisions of section 41(i) of the tamil nadu shops and establishments act, 1947, the petitioner filed an appeal before the first respondent questioning the termination. the said appeal was rejected by the impugned order. .....
Tag this Judgment!Court : Chennai
Decided on : Nov-05-2003
Reported in : (2004)187CTR(Mad)481; [2004]266ITR33(Mad)
..... by law.3. the deputy commissioner of income-tax, however, by an order made on march 26, 1993, which is captioned as an order under section 155 of the income-tax act, withdrew the investment allowance that had been availed of against the reconstituted firm on the ground that there had been transfer of assets and liabilities of the ..... old firm to the new firm and therefore, section 155(4a) and sub-clause (5) of section 32a of the act had been contravened.4. on appeal by the assessee, the commissioner, having noticed the fact that the old firm had fully utilised ..... a firm consequent on its dissolution amounts to a transfer of assets within the meaning of the expression 'otherwise transferred' under section 34(3)(b), having regard to the definition of 'transfer' in section 2(47) of the act'.9. in this case, on the old firm being dissolved, no transfer resulted at the time of dissolution. the dissolved .....
Tag this Judgment!Court : Chennai
Decided on : Nov-05-2003
Reported in : [2004]135TAXMAN1(Mad)
..... old firm to the new firm and therefore, section 155(4a), section 32a(5) of the act had been contravened.4. on appeal by the assessee, the commissioner having noticed the fact that the old firm had fully utilised the allowance by ..... the period allowed by law.3. the deputy commissioner, however, by an order made on 26-3-1993 which is captioned as an order under section 155 of the income tax act, withdrew the investment allowance that had been availed against the reconstituted firm on the ground that there had been transfer of assets and liabilities of the ..... of a firm consequent to its dissolution amounts to a transfer of assets within the meaning of expression 'otherwise transferred' under section 34(3)(b), having regard to the definition of transfer in section 2(47) of the act'.9. in this case, on the old firm being dissolved, no transfer resulted at the time of dissolution. the dissolved .....
Tag this Judgment!Court : Chennai
Decided on : Nov-04-2003
Reported in : II(2004)ACC672; 2005ACJ1267; (2004)1MLJ107
..... ) and argued rightly in our opinion that while deciding the multiplier the age of the claimants also has to be taken into account (vide) second schedule to section 163-a of the motor vehicles act. it was held therein as follows:-'it is well settled that life expectancy of the deceased or the beneficiaries whichever is shorter is an important factor. reference ..... the fact that the dependency in this case is more and that therefore a multiplier of 16 has to be applied in accordance with schedule ii to section 163-a of the motor vehicles act, 1988. it is no doubt true that the age of the deceased at the time of accident was 20 and it is seen from the schedule-ii ..... to section 163-a that a multiplier of 16 is prescribed in such cases. the learned counsel for the appellants has placed reliance on 2001 s.c.c. (cri .....
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