Court : Delhi
Reported in : ILR1971Delhi107; [1971]28STC21(Delhi)
..... the amendment of 1959 was not concerned with section 6(2) at all except incidentally section 2(b) of the bengal finance (sales tax) (delhi amendment) act 1959 substituted the words 'central government' for the words 'state government' everywhere in the bengal finance (sales tax) act 1941 except in sub-section (3) of section 25 thereof. ..... ' (33) the amendment of section 6(2) by the bengal finance (sales tax) (delhi amendment) act 1959 was not an amendment which changed the provisions of the bengal finance (sales tax) act 1941 with a view to cure the validity of the modification made in section 6(2) by the government in 1957. ..... he said that section 6(2) had been amended by the bengal finance (sales tax) (delhi amendment) act 1959 and on the principle that an amendment amounts to re-enactment of the said act, i should hold that section 6(2) had been re-enacted by the legislature in 1959 with the effect that the invalid modification thereof made by the government in 1957 was validated. ..... as the amendment was not directed towards the cure of the invalidity of the modification made by the government in 1957 in section 6(2), it could not have the effect of amending section 6(2) in that respect, much less an effect of re-enacting the bengal finance (sales tax) act 1941. ..... (30) the conclusion, thereforee, is that section 6(2) of the bengal finance (sales tax) act 1941 can be amended only by the legislature if the prescribed period of notice of three months is to be done away with. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi51
..... assuming that to start with the films constituted capital assets, the entire capital outlay had been recovered and the security had been extinguished and that part of the agreements which constituted financing agreements had been fully worked out and had come to an end and the three films ceased to be capital assets and the assessed was holding the films only under that part of the ..... : [1969]74itr17(sc) where it was said :- 'it is well established that the high court is not a court of appeal in a reference under section 66(1) of the act and it is not open to the high court in such a reference to embark upon a reappraisal of the evidence and to arrive at findings of fact contrary to those of the 'appellate ..... 80,664.00 was a trading loss deductible under section 10(1) of the act in computing the business profits of the assessed ..... seems that apart from the order an application was also made to the tribunal under section 35 of the act to rectify certain mistakes apparent from records. ..... 80,664.00 was a trading loss deductible under section 10(1) of the indian income-tax act, 1922, in computing the business profits ..... first part of each agreement was described as a financing agreement for the pictures had still to be produced. ..... contention urged on behalf of the revenue was that as the assessed had made advances against pictures under production they could not be treated as a had debt within the meaning of section 10(2)(xi) and could not thereforee be allowed as a permissible deduction. .....
Tag this Judgment!Court : Delhi
Reported in : [1971]81ITR624(Delhi)
..... the firm as such has nothing to do with it.it seems to us that the present agreements were entered into force on september 4, 1956, after the finance act of 1956 came into force on april 27, 1956, whereby section 10(4) (b) was added to the statute. ..... bajaj contended that the only way in which such salary could be allowed as an admissible deduction was under section 10(2) (xv) of the act and was thereforee ordinarily an allowable deduction, for the amount paid by the assessed was neither in the nature of capital expenditure nor for the personal expenses of the assessed but was an amount laid out or ..... the question had actually come before that bench in the context of section 10(2) (ix) of the income-tax act, 1922, which was more or less identical with section 10(2) (xv) of the present act and it was held that the remuneration payable to a partner was to be seen as to whether as a fact the particular partners are true employees of the firm or whether the payment of salaries to them is a advice to escape income-tax. ..... sub-section (5) of section 23 was amended with the result that registered firms became liable to payment of income-tax. ..... in order to escape the effects of that amendment, the present agreements appear to have been entered into with the partners to avoid taxation; otherwise this very firm is stated to onwards and all the five partners had been devoting their whole time .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi29; ILR1971Delhi250
..... is any inconsistency between the provisions of the corporation act and the provisions of the delhi land reforms act and the panchayat raj act, then it is the provisions of the corporation act which will prevail to the extent of the repugnancy for two reasons, namely:-- (i) the corporation act of 1957 being subsequent to the land reforms act and the panchayat raj act prevails over the previous enactments to the extent of the repugnancy; and (ii) section 22 of the government of part c states ..... the learned lower courts replied upon section 18 of the panchayat raj act for the proposition that the exclusive jurisdiction to remove encroachment on the public street is vested in the gaon panchayat there under. ..... but these do not include a suit for the removal of an encroachment on a public street though a revenue assistant under the amended section 86 may be approached to take action in this respect. ..... there is no other provision vesting a public street in a gaon sabha or a gaon panchayat sections 77 to 87 of the delhi land reforms act provide for the institution of certain suits. ..... by the definition or 'delhi' in sub-section (10) of section 2 of the corporation act, delhi means the entire area of the union territory of delhi except new delhi and delhi cantonment. ..... (2) the gaon panchayat can make a reasonable provision for the removal of an encroachment from a public street if its finances permit. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi266
..... but that is a matter which obviously had to be decided by the courts below because it was only if they had taken a decision on these two points that further question of the finance-company being entitled to file an application under section 20 of the arbitration act would arise.in air 1951 punj 114, falshaw, j. ..... nijhawan learned counsel for the respondent however stated that by the endorsement which was specifically sent to the insurance company it was agreed that the finance-company would have the right to the insurance policy and as respondent no.1 is in the position of a beneficiary, it is entitled to maintain this application under section 20 of the arbitration act. ..... the lower appellate court by its judgment dated 24th december 1966 held that because of the endorsement on the main policy respondent no.1 had the right to institute petition under section 20 of the arbitration act, and by the endorsement it must be treated as a party to the agreement of insurance. ..... also took the view that this question of the transfer of ownership rights should be decided by the trial court before the subsequent question of the third party maintaining an application under section 20 of the arbitration act would arise. ..... 1 a right to invoke the arbitration clause and to file an application under section 20 of the arbitration act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi191; [1971]81ITR111(Delhi)
..... if the finance act is passed, it is the rate fixed by that act; if the finance act has not yet been passed, it is the rate proposed in the finance bill pending before parliament or the rate in force in the preceding year, whichever is more favorable to the assessed. ..... we accordingly hold that the wealth-tax liability of the appellant on the valuation date, viz, on march 31 for the assessment year april i following was a 'debt owed' within the meaning of section 2(m) of the act and should be deducted from the estimated value of the assets as on the valuation date. ..... the observations of the supreme court that it is the actual amount of income-tax which the assessed has to pay on its income during the relevant counting year, that amounts to a 'debt owed' within the meaning of section 2(m) of the act irrespective of the amount which is provided by the assessed in its balance-sheet for meeting its tax liability. ..... circumstances of the case, in computing the net wealth of the assessed, the amount of the provision for payment of income-tax and super-tax in respect of the year of account was a debt owed within the meaning of section 2(m) of the wealth-tax act, 1957, and as such deductible in computing the net wealth of the assessed (6) subba rao j. ..... 6,859.06 which was the income-tax and valuation date, was debt owed within the meaning of section 2 of the wealth-tax act, 1957 (2) the facts relevant to the first question may be briefly stated: smt. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi164
..... eccentric club limited pointed out that the members' club was only structurally a company and it did not carry any trade or business so as to attract the corporation profit tax under the relevant provisions of section 52 of the finance act, 1920. ..... thereforee, of the opinion that the respondent-club is not a 'dealer' as defined under clause (c) of section 2 of the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi in so far as it supplies goods to its members. ..... of law have been submitted to this court by the lieutenant governor delhi for its opinion:- (a) whether the roshanara club, which sells goods to its members, is not a dealer as defined under clause (c) of section 2 of the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi (b) whether such a club is liable to pay tax on its sales, under the aforesaid act, in accordance with the provisions contained in section 4 of the act ? ..... has been made under section 21 of the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi, hereafter to be described as the act. ..... of the matter the latest opinion of the supreme court is that none of the clubs in that case could be regarded as a 'dealer' within the meaning of section 2(g) of the madras general sales tax act i of 1959, read with explanationn i of the act nor would there be any sale in the activity of the club within the meaning of section 2(n) in the word 'sale' read with explanationn i of the act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi630; [1972]84ITR192(Delhi)
..... ' was introduced in the section by the finance act of 1955. ..... commissioner of income-fax, kerala : [1962]45itr52(ker) decided by the kerala high court relates to clause (v) of explanationn i of section 7(1) of the act and since that clause has not been pressed into service by the counsel for the revenue we do not think any useful purpose will be served by dealing ..... (14) an examination of that judgment however shows that the entire discussion in that case was with reference to sections 6 to 17 of the estate duty act, 1953 which provided that property passing on death 'is deemed to include certain kinds of properties,' or, perhaps more accurately, certain property in certain situations and is not be deemed to include certain ..... (1) the question raised in this reference made by the income-tax appellate tribunal (delhi bench a) under section 66(1) of the indian income-tax act, 1922, is not only interesting but important for its decision may have an effect on numerous policies of personal accident insurance taken by the employers for protecting themselves against the demands for payment ..... its behalf that the payment of premium was covered by clause (v) of explanationn i of section 7(1) of the act and ought to have been treated as perquisite in the hands of the assessed. ..... , it may be said, that the question is rest integra and its decision turns on the meaning of the word 'perquisite' as used in section 7 of the indian income-tax act, 1922 which will hereafter be referred to as the act. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi277; 1971RLR33
..... disputed that if original jurisdiction had been completely taken away from the court of the district judge, delhi and conferred upon this high court, then notwithstanding section 24 of the punjab courts act, this high court will be the principal civil court of original jurisdiction irrespective of the valuation of the suit as in the case of what are ..... but a change was brought about by the delhi high court act, 1966, as amended, by sub-section (2) of section 5 which provides that notwithstanding anything contained in any law for the time being in force, the high court of delhi shall also have in respect of the territory of ..... , right in observing that the details of the allegation fraud stated to have been committed by the respondents on the collector while obtaining the consent under section 92 of the code of civil procedure are lacking and not a single instance of the fraud has been cited by the appellants in the written statement ..... been made that looking to the finances of the gurudwara prabandhak committee such ..... the donation of rs.2,50,000/- towards the establishment of guru nanak eye hospital in delhi and to make further donations to the said institution an occasion arose provided the finances of the gurdwara prabandhak committee so permitted. ..... establishment of guru nanak eye hospital in delhi with the aim to evolve it into a full-fledged institute of opthalmology and to repeat and augment such donations as occasion arises and the finance of the gurdwara prabandhak committee permit. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi529
..... to this court under section 21 of the delhi act:- 'whetherthe powers for imposing penalty under section 11 of the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi can be invoked for imposing penalty for late or non-filing of the returns under the central sales tax act, 1956 in view of the provision contained in section 9(3) of the central sales tax act, 1956. ..... section 9 of the central act read with section 11(1) of the bengal finance (sales tax) act, 1941 as extended to delhi (hereinafter referred to as the delhi act ..... there is no special provision in the central act for the levy of penalty for late filing of returns, the general power conferred by section 9(3) of the central act on the assessing authorities under the delhi act, by implication, authorises the salestax officer to levy a penalty for the late filing of the returns under section 9(3) of the central act read with section 11(1) of the delhi act. ..... the present case is concerned, section 9(3) of the central act does authorise the sales tax officer appointed under the delhi act to assess the assessed in the same manner as under the delhi act and for that purpose, the said officer could also exercise all the powers he had under the delhi act relating to the filing of ..... the late filing of the return is implied in the power to assess conferred upon the sales-tax officer under section 9(3) of the central act, as observed by the supreme court in the case of commissioner of income-tax a.p. v. m/s. .....
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