Court : Kolkata
..... is found to be factually incorrect. in fact, the appellant on its own disallowed the contribution in the return of income and neither claimed as a deduction under chapter-via of the it act in its return nor claimed by filing a revised return nor made a claim before the a.o.during the cours.of assessment proceedings. in view of the ..... to costs. she also relied on another decision of the supreme court in the case of the additional commissioner of income tax, gujarat versus gurjargravures private ltd.reported in (1978) 111 itr1to submit that in similar facts the supreme court held that it was not competent for the tribunal to hold that the appellate assistant commissioner should have entertained the ..... in the return filed on 31.10.2005 and claimed rs.45,82,932/- deduction i.e.50% tsuanami relief fund. that the assessing u/s of 80g the chapter-via contribution only made by for it to therefore, the claim of the appellant officer has not allowed deduction of political contribution u/s 80ggb of the .....
Tag this Judgment!Court : Kolkata
..... must be in the context of and have a nexus with the settlement. he has submitted that, the power of the settlement commission under chapter xixa of the income tax act, 1961 can be exercised for the purpose of procedure of settlement of an application under section 245c and not for reassessment of tax of a ..... senior advocate for the petitioners has submitted that, the settlement commission did not exercise best judgment in this matter. in support of such contention he has relied upon (1978) 115 income tax reports 524 (brij bhushan lal parduman kumar, etc. v. commissioner of income-tax, haryana, himachal pradesh and new delhi-iii).5. learned ..... , j.:- 1. the petitioners have challenged an order dated february 28, 2014 passed by the settlement commission exercising jurisdiction under the provisions of the income tax act, 1961.2. learned senior advocate for the petitioners has submitted that, the petitioners had made a reference to the settlement commission in respect of six assessment years .....
Tag this Judgment!Court : Kolkata
..... subsidiary company adone hotels and hospitality limited. the said project is entirely mortgaged in favour of reliance capital limited now known as reliance commercial finance limited and reliance home finance limited. this project is a subject matter of the c.s.no.113 of 2017 filed by one sesa international limited a group company ..... no.2. before considering the contentions it is necessary to understand relative scope of attachment, injunction and receiver. the code of civil procedure has three different chapters dealing with attachment, injunction and receiver namely, order 38, order 39 and order 40. order 38 has two parts. order 38 rules 1 to 4 ..... .(anand prasad agarwalla v. tarkerhwar prasad, (2001) 5 scc568. however, injunction. there is a distinction between the attachment and according to dictionary meaning, attachment means act of attaching , state of being attached . in law, it is seizure of property or person by legal authority, especially seizure of defendant s property to prevent .....
Tag this Judgment!Court : Kolkata
..... club seeks a declaration that a members club is not a club or association within the meaning of chapter-v of the finance act, 1994 as amended by the finance act, 2005 and is therefore, not liable to pay any service tax under such act. learned senior advocate for the petitioners submits that, there are distinctions and differences between a members ..... in the case of proprietary club. learned senior advocate for the petitioners draws the attention of the court to sections 66 and 67 of the finance act, 1994 as amended by the finance act, 2008. he submits that, section 66 provides for the charge of service tax. section 67 lays down the valuation of taxable services for charging ..... the present case. in such circumstances, the firs.petitioner being a members club, it is not liable to pay the service tax under the finance act, 1994 as amended by the finance act, 2005. by virtue of an order dated april 13, 2006 passed in the present writ petition, the firs.petitioner has obtained a registration and .....
Tag this Judgment!Court : Kolkata
..... 01 and 51-05 at pages 833 and 834 paragraphs 51-3 and 51-05 and clerk & lindsell on torts, passages from chapter-xxiv, page 1687. the torts of procuring a breach of contract, intimidation, unlawful interference and conspiracy are now generally described as economic ..... that he knew of the existence of the contract, the test of his intention is objective. (greig v insole [1978].1 w.l.r.302 at 337-338).it is, however, no answer for a defendant to say that he was ..... hypothetical agreement. mr.p.chidambaram, the learned senior counsel appearing on behalf of the petitioner submits that the specific relief act, 1963 in section 15(h) has recognised pre-incorporation agreement. a pre-incorporation agreement must be incorporated in the terms ..... no.1 company through a holding company named benhill finance limited. in august, 2002, benhill finance limited ceased to be a shareholder of the plaintiff no.1 company. the entire shareholding of benhill finance limited in the plaintiff no.1 company was transferred .....
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