Court : Allahabad
Reported in : (1998)145CTR(All)133; [1997]226ITR137(All)
..... 1969-70, respectively.4. the facts stated in the reference are that the assessee is a company and derives income from hire purchase financing of trucks. its accounting year is the financial year. in the assessment year 1968-69, it is alleged that the company took into possession (vehicles given on hire). these vehicles had been taken on hire purchase ..... in-trade and, therefore, the claim as set up by the assessee is not maintainable being contrary to the provisions of section 36 read with section 28 of the act.11. this factual position is not under dispute that the vehicles in question were registered in the names of the hire-purchasers in accordance with the provisions of section ..... 24 of the motor vehicles act, 1939. thus, in the eyes of law, it must be deemed that the assessee was not the owner of the vehicles and this fact is based on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All343
..... university against whom action has been taken regarding use of unfair means in the examinations could make representations to the chancellor under section 68 of the universities act and that the delay in filing such representations will be condoned for a period of fifteen days. the petitioners held meetings, passed resolutions expressing concern at ..... of the university. the association passed resolutions that if the use of unfair means on a large scale was not controlled and checked the teachers would not act as invigilators. in 1980, the teachers started demanding that the ordinance against use of unfair means be enacted. ultimately, in january 1981, the said ordinance ..... in the examinations should be subjected to mild punishment like the imposition of fines. it did not curb the evil use of unfair means. the teachers acting as the invigilators at the examination were embarrassed and humiliated when the students who were found using unfair means whipped out currency notes from their pockets .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2324
..... his favour after he submitted guarantee bond. the vehicle was actually delivered to the petitioner on 30.6.1997. the petitioner could not pay theinstalment and consequently, the finance company seized the vehicle on 14.8.1999 and it was no longer in his possession.3. the assistant regional transport officer sent a recovery certificate dated 5. ..... levied for the period 1.7.1998 to 31,3.2001, which is clearly illegal. the authorities are empowered to impose tax under u. p. motor vehicles taxation act, 1997 after9.11.1998. the impugned recovery certificates are, therefore, clearly illegal and cannot be sustained.5. the writ petition is accordingly allowed and the impugned recovery certificates ..... 6.5.2001 to collector, mathura, to recover rs. 18,543 from the petitioner towards arrears of tax under section 14 of u. p. motor vehicles taxation act. 1935 for the period 1.7.1998 to 31.3.2001. the present writ petition under article 226 of the constitution has been filed for quashing of the aforesaid .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]132CompCas749(All); (2006)6CompLJ519(All); [2006]72SCL191(All)
..... company had acquired the lease of limestone quarry to the extent of 255 acres of land from the government. it was not able to get the necessary finances in spite of the best efforts of the directors and thus, the company had resolved for voluntary winding up. some of the shareholders decided to revive ..... in the matter of members voluntary winding up, which gives the company, its contributories and creditors, to settle their affairs, without coming to the court. the act, however, confers limited powers to have questions determined or power exercised even in case of voluntary winding up without resorting to compulsory winding up or a supervision ..... agarwal, learned counsel for the petitioner and shri arnab banerjee for the official liquidator, u.p. and uttaranchal.2. dhankari investments ltd., a company incorporated under the companies act, 1956 with its registered office at iind floor, dharam market, section-27, atta, noida, up (in short the company) through its liquidator sri v.p. ghuliani .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]148TAXMAN614(All)
..... the present reference are as follows:the reference relates to the assessment year 1985-86.3. the respondent-assessee is a public limited company which derives income from financing of vehicles on hire purchase basis, transportation work, running cinema hall, exhibition of pictures, etc. it claimed depreciation at the rate of 10 per cent on ..... set of circumstances as per the dictionary meaning, but to say that building used for running the business of hotel or a cinema would be plant under the act appears, on the face of it, to be inconsistent with the aforesaid provisions. such meaning would be clearly against the legislative intent.6. the aforesaid decision ..... court1. the income tax appellate tribunal, new delhi has refer-red the following question of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as the act) for opinion to this court :'whether, the honble tribunal was legally justified in allowing higher depreciation allowance at the rate of 15 per cent .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All194
..... powers of a manager of a joint hindu family whether he be a father or some other coparcener with regard to starting of a new business and borrowing money to finance it, by alienating family property. in each case the transaction has to be justified by legal necessity or by family benefit and benefit of the estate and in this respect ..... and this business had come down to the mortgagors from the time of their father and was continued by them. the plaintiff alleges that money under mortgages was borrowed to finance an ancestral or joint family business of the mortgagors and even if in fact such a business did not exist a representation was made to him at the time of ..... fixed. it would be a natural desire in persons situated as the mortgagors were to supplement the family income by trade in grain. we have no doubt whatever that they acted in good faith in raising the loan and so did the mortgagee in advancing the money. mr. banerji in his able arguments has strongly pressed upon us that it is .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3CompLJ328(All)
..... reconstruction and development (ibrd) towards the cost of the project and that the ntpc intended to apply a portion of the proceeds of the credit to finance portion of the design and engineering charges equipment cost, supervision of erection and commissioning charges of foreign collaborations etc. for the project. the qualifying requirements as ..... regarding interest made in this judgment we recommend to the central government and state governments to consider amending all taxing statutes (by a suitable ordinance or amending act) to provide for payment of interest whenever there is delay in payment of taxes (for whatever reason).32. let the registrar general of this court ..... concern' as follows : (e) 'industrial concern' has the meaning assigned to it in clause (e) of section 2 of the industrial development bank of india act, 1964 and includes any other person in whose favour a foreign collaboration involving the import of technology is approved by the central government. 3.2 section 2(h) .....
Tag this Judgment!Court : Allahabad
Reported in : 165Ind.Cas.20
..... delay, nor do i think that it matters very much whether the case is finished within a particular time or not. on the whole less time is wasted if magistrates act strictly according to the letter and the spirit of the law without making any special efforts to expedite cases by using extraordinary means.3. i am sure that the magistrate .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All397; [1978]115ITR796(All)
..... mohandas, : [1965]57itr415(sc) the funds or properties of a minor cannot be transferred to a partnership without the guardian of the minor doing so. when no one acting as the minor's guardian signs the document, no agreement with the minors comes into existence. the deed purporting to be a partnership with the minors is wholly invalid and ..... in the circumstances of the case the tribunal was justified in holding that the assessee firm was entitled to renewal of registration under section 184(7) of the income-tax act, 1961. 3. in respect of the first question, the facts are that the assessee firm was constituted under a partnership deed dated 15th november, 1961. the income- ..... profits but were liable to share losses as well. from clause 4 it is apparent that they had financed the business.8. it is further not disputed that the minors did not sign the partnership deed,. nor did anyone else, acting as their guardian or otherwise, sign the deed of partnership on their behalf.9. it is evident that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All555
..... defendants to her estate. the defendants had no money and on the 12th november, 1946 they entered into an agreement with the plaintiff to the effect that the plaintiff would finance the litigation and in the event of the defendants' success he would get one-half of the property. the defendants were successful in the suit brought by them and in ..... orderj.d. sharma, j.1. this is an application in revision by the chief inspector of stamps under section 6b of the court-fees act against an order dated the 10th january, 1957 of the civil judge, gonda, holding the court-fee paid to be sufficient. 2. the plaintiff brought the suit on the allegation .....
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