Court : Supreme Court of India
Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443
..... present, the taxes that can be deducted are income tax, fringe benefit tax (fbt), minimum alternate tax (mat). similarly, any surcharge or cess levied by the finance act as a percentage of such taxes will also be deductible. according to learned counsel, gross receipts of any company can be reduced by following items to arrive at profits ..... with the accounting standards and, therefore, according to learned counsel in the entire scheme relating to accounts and audit in part vi, chapter i, section 209 to section 233b of the companies act, the statutory mandate of keeping proper books of account on accrual basis is not allowed to be altered or encroached upon by any ..... deduction during the tax holiday period as per the requirements of sections 80ia/80ib of the income-tax act, 1961 (hereinafter referred to as the 'act'). in case of sections 10a/10b of the act (covered under chapter iii of the act dealing with incomes which do not form part of total income), the deferred tax in respect of timing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)
..... and mine-lessees and owners of stone crashers.26. we then turn to consider the provisions of the contract labour (regulation and abolition) act 1970 (hereinafter referred to as the contract labour act). this act applies to every establishment in which 20 or more workmen are employed or were employed on any day of the preceding twelve months as ..... of the importance of the questions which arise in such matters, to set forth my own views.53. public interest litigation in its present form constitutes a new chapter in our judicial system. it has acquired a significant degree of importance in the jurisprudence practised by our courts and has evoked a lively, if somewhat controversial, response ..... safety which include provisions as to drinking water, conservancy and injuries arising out of accidents, in regard to which detailed requirements are laid down in chapters v, vi and ix of the mines rules, 1955. we may also point out that the obligation of complying with these provisions of the mines .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649
..... the said building since july 1st, 1958. as a result of the enactment of the banking companies (acquisition and transfer of undertakings) act, 1970 (hereinafter referred to as the 'banks nationalisation act'), the undertaking of the punjab national bank ltd., was transferred and vested in punjab national bank a body corporate constituted under the ..... are required for the use of employees of such landlord or, in the case of a public institution, for the furtherance of its activities. in chapter iii a (sections 25-a to 25-c) provisions have been made for summary trial of certain applications for eviction on the ground of bona fide ..... p) ltd. v. municipal corporation of greater bombay and ors. : [1975]1scr1 wherein the validity of the provisions of chapter va of the bombay municipal corporation act, 1888 and the bombay government premises (eviction) act, 1955 were challenged before this court and the said contention was negatived. aligiriswami, j. speaking for the majority, has observed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC)
..... brothers and savage v. mulhern and co. (limited) [vol.xvii (1900-1901) the times law reports 730] sub-section (1) of section 10 the finance act, 1901 interpretation whereof fell for consideration was in the following terms:'where any new customs import duty or excuse duty is imposed, or where any customs import duty ..... salary of government servants and some audit objections were raised, the respondents started taking action for recovery of supervision charges with retrospective effect from 5.5.1970 on the strength of the circular dated 7.4.1981. the bombay high court held that neither of these provisions clothe the state government of the ..... and the consequential directions. the learned attorney general invited our attention to sections 11, 12, 13 and 49 of the act, which read as under.'11. notwithstanding anything contained in the following provisions of this chapter, it shall be lawful to import, export, transport, manufacture, manufacture, bottle, sell, buy, possess, use or consume .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1769; 1993(65)ELT305(SC); JT1993(3)SC297; 1993(2)SCALE843; (1993)4SCC120; [1993]3SCR802
..... authority as well as presiding authority of the tribunals constituted at different places. constitution of the cegat came to be made pursuant to the 5th schedule of the finance act 2 of 1980 with effect from october 11, 1982. the president of india exercising the power under proviso to article 309 of the constitution made the rules. ..... service unions v. minister for the civil service 1985 ac 374 (h.l). pursuant to the law laid down in conway's case the administration of justice act, 1970 was made enabling the court to order disclosure of the documents except where the court, in exercise of the power under sections 31 to 34, considered that ..... sensitive matters vital to our national defence and foreign policies'. in other respects under the freedom of information act, documents are accessible to production. in the latest commentary by mccormick on evidence, 4th ed. by john w. strong in chapter 12, surveyed the development of law on the executive privilege and stated that at p.155, that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1012; JT1994(6)SC182; 1996(7)KarLJ299; 1994(4)SCALE192; (1994)5SCC593; [1994]Supp3SCR405
..... section 9. the effect of such delay become more marked as years rolled in after 1950. as far back as 1958 the law commission observed:the finance ministry has given four instances in which the carrying out of projects has been delayed because they could not obtain possession of the land in time and ..... as under the existing law, the government cannot obtain possession until the award is made and the taking of possession is indefinitely delayed.the report submitted in 1970 which suggested a time-frame for completion of the acquisition proceedings, particularly to relieve the poor land holders whose only means livelihood was taken away, recommended ..... until the award is made indefinitely delayed.the situation deteriorated further and report submitted in 1970 suggested time frame as delay in acquisition proceedings caused untold sufferings to the land owners and affected the poor adversely.the land acquisition act is over 75 years old. when enacted it was not faced with the requirements of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC504; (1984)4SCC507; [1981]1SCR801; 1980(12)LC962(SC)
..... our attention to cases where the notorious abuses by prize promoters had attracted judicial notice. in particular, he cited a decision of the gujarat high court in navjivan trading financing pvt. ltd. thakkar, j. while dealing with the social anguish at the exploitative spectacle, said : (1978) 48 comp. cas 402the facts speak for themselves so ..... dr. j.s. raj made a report to the central government wherein pointed reference was made to prize chits and allied schemes. the report devoted a whole chapter to prize chits, savings schemes, and others of their ilk and exposed the modus operandi of such schemes and their anti-social impact upon the community and ..... section 3 of the state bank of india (subsidiary banks) act, 1959, or a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, or a regional rural bank established under section 3 of the regional rural banks act, 1976 or a co-operative bank as defined in clause (bii .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1730; 1986(10)ECC1; 1986(25)ELT473(SC); 1986(2)SCALE15; (1986)3SCC480; [1986]3SCR126; [1986]63STC322(SC)
..... the manufacturers of those vehicles and such parts and accessories which were intended to be used as original equipment parts by such manufacturers. on the enforcement of the finance act 1979 the ambit of tariff item no. 34a became restricted to the 15 specified commodities. the commodities manufactured by the petitioner did not fall within the ambit ..... notifications.10. our attention has been drawn on behalf of the revenue to the circumstance that glass mirrors have been classified as 'glass and glass ware' in chapter 70 of the brussels tariff nomenclature. it seems to us that this circumstance can hardly advance the case of the revenue, because the first schedule to the central ..... equipment and apparatus' rather than under the entry which related to 'glass wares' in the u.p. sales tax act.9. reliance was placed by the revenue on commissioner of sales tax, u.p. v. banaras bead manufacturing co. [1970] (25) s.t.c. 100. where the allahabad high court held that glass beads could be described as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)189CTR(SC)193; [2004]267ITR654(SC); 2004(6)SCALE36; (2004)6SCC235
..... economic development in india- (i) in relation to royalties, as set forth in the relevant annual finance act of india; and(ii) in relation to other income as set forth in the following sections of the income-tax act, 1961 of india or which may be introduced in future in the indian tax laws in modification of ..... carries on business in that other contracting state whether through a permanent establishment or otherwise shall not of itself constitute either company a permanent establishment of the other:chapter iiitaxation of incomearticle viincome from immovable property1. income from immovable property may be taxed in the contracting state in which such property is situated.2. the term ..... in terms of article 6. the learned counsel further submitted that in the respondent's own assessment prior to the assessment in appeal for the assessment year 1970-80 and for many subsequent year assessments have been finalised pursuant to the law laid down by the karnataka high court in cit v. k.m. muthaiah .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000(85)FLR653]; JT2000(5)SC63; (2000)ILLJ1441SC; 2000(3)SCALE290; (2000)5SCC531; (2000)2UPLBEC1703
..... may also state that in the present case there is no question of application of provisions of the contract labour (regulation & abolition) act, 1970 and, therefore, the decisions rendered by this court interpreting the said act are not discussed.41. we, therefore, hold that employees the canteens which are run at various branches by the local implementation committees as ..... how much subsidy is to be given from outside the scope of welfare fund. that amount is mentioned in annexure-i which is at the end of the chapter providing for subsidy based on number of employees working in the branch and not on the basis of persons working in the canteen. for the management of ..... by the learned counsel for the parties, we would refer to the relevant part of sastri award upon which reliance is placed by the learned counsel for the employees. chapter begins with item no. 8 'right to existing terms of service'. thereafter, para no. 602 mentions that what was considered was 'right to existing terms of .....
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