Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Sorted by: recent Court: kolkata appellate Page 1 of about 126 results (0.053 seconds)

Pacific Health Care (P) Ltd. and ors Vs. State of W.B. and ors.

Court : Kolkata Appellate

..... the petitioners had an existing legal right to enjoy tax holiday for a period of five years under the preamended provision of section-39 of the 1994 act and that the said right was expressly curtailed and/or withdrawn by the impugned amendment on and from the date the said provision came into force. ..... this doctrine of promissory estoppel arises when any person, be it government or a private person makes a representation by word or in writing or a promise, to another and on which another person acts intending to create a legal relationship and thereafter, the person making the representation or promise withdraws it or due to technical reasons the promise is legally unenforceable, then the person who is making the representation or ..... it can legitimately be inferred that the legislature at that time did not have in mind a franchisee of a foreign multinational or large indian companies setting up small scale industrial units and using well known brand names, logos to avail ..... pacific healthcare (p) limited and another v state of west bengal and others) has drawn our attention to the above legislative history of section 39 of the act and the rules of 1995 and has taken us through the above decision to the tribunal dated 12th may 2000. ..... the subsequent amendments that the legislature did not have in mind the situation that would arise from a small scale industrial unit manufacturing goods as a franchisee of a large organization, domestic or foreign using its trade mark or brand name or logo. .....

Yashdeep Trexim Vs. Board for Industrial and Financial Reconstruction ...

Court : Kolkata Appellate

..... it is important to note that the parliament in its wisdom specifically intended a company referred to in the payment of bonus act to include a foreign company under section 591(2) of the companies act and such foreign company as employer, being an establishment in private sector, would be subject to all its provisions regarding payment of bonus to employees. ..... ambit and coverage of the sick industrial companies (special provisions) act, 1985 (hereafter the sica) do not extend to a foreign company carrying on business in this country, is the point vehemently argued by learned counsel for each of the petitioners and some of the respondents herein while assailing the order passed by the board for industrial and ..... having regard to the provisions in parts x and xi of the companies act, more particularly sections 582 to 584, 589 and 591(2), a foreign company has to be dealt with differently from an existing company. ..... the answer has to be in the negative and, therefore, question of sica being applicable to a foreign company, on a plain reading thereof as well as the companies act, without any interpretative exercise, does not arise. ..... argument advanced by learned senior counsel on behalf of the parties seeking to sustain the bifrs order and consequently ss-09 requires reading of words like and includes a foreign company within the meaning of section 591(2) of the companies act after the words expressed in section 3(1)(d) of sica. .....

Development Consultants Pvt. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)115TTJ(Kol.)577

..... with the said aes during the previous years relevant to the assessment years 2003-04 and 2004-05.since all the above transactions constituted "international transactions" within the meaning of section 92b(1) of the it act, any income arising from the same in the hands of the assessee would need to be computed having regard to the arm's length price (alp) as per the provisions of section 92(1) of the ..... have also noted that the assessee had again failed to furnish the accountant's report under section 92b of the it act for the assessment year 2004-05.however, it had furnished necessary documents in the form of a report prepared by m/s. ..... he stated that transfer pricing legislation as provided in the it act allows a taxpayer to have an option to compute the alp which may vary from the it act which states that "where more than one price is determined by the most appropriate method, the arm's length price shall be taken to be the arithmetical mean of such prices or at the option of the assessee, a price ..... is found that the assessee had failed to furnish the accountant report under section 92e of the it act alongwith its return of income for the assessment year 2003-04. ..... the facts are that the assessee is a company registered in india, interalia having three related parties in the form of subsidiaries and further step down subsidiaries incorporated in foreign countries, all the which are admittedly "associated, enterprises" (ae), within the meaning of section 92a of the it act. .....

B.V. Van Oord Atlanta Vs. Asstt. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... year of receipt of dues.the reconciliation of turnover offered to tax in all the three years was given as under: the learned counsel further explained that in respect of the payment received in foreign exchange on various dates, a uniform rate of nlg 1 = inr 21.2766 was considered for calculation purposes for all the amounts received, irrespective of the amounts actually realized. ..... it was vehemently argued by the learned counsel for the appellant that by overlooking these important judicial decisions the learned commissioner (appeal) acted against the principles of natural justice, and that in all fairness the learned commissioner (appeals) should have admitted all the grounds of appeal on the basis of the above judicial ..... were disclosed by the appellant in the return of income along with supporting evidences.in para 4 of the- assessment order, the assessing officer categorically stated that the "assessee is a non-resident foreign company of netherlands who was awarded a sub-contract by ham, another non-resident foreign company of netherlands, to carry out maintenance dredging work at kolkata for calcutta port trust. ..... of the appellant in india, in terms of article 5 read with article 7 of the double taxation avoidance agreement, the beneficial provision, which in absence of pe does not provide for charging of tax on a non-resident foreign company in india due to section 90 sub-section (2) of the income tax act. ..... foreign company within the meaning of section 2(23a) of the act .....

Asian Exports Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)110TTJ(Kol.)152

..... learned counsel has also attached the definition of various etymologies such as pisciculture which means "the artificial breeding and rearing of fish".he has also enclosed a copy of foreign trade policy 2004-09 by the ministry of commerce and industries, director general of foreign trade, wherein various definitions of various words have been given and at para 9.24 the word eou has been described as "export oriented unit for which an lop ..... of appeal, the cit(a) erred in upholding the action of the ao in equating the definition of the word export oriented undertaking with that of an industrial undertaking as defined in the other provisions of the act whereas the definition of export oriented undertaking is defined under section 10b itself and such definition should have been adopted as laid down in section 10b and allowed the relief under section 10b to the ..... or produce of an article or thing and/or no new article or thing emerged which are distinctive in character or identity and thereby disallowing the claim of the appellant under section 10b of the it act though it was demonstrated with evidence that the appellant was engaged in the business of ornamental fishes which was produced by them and new ornamental fishes with distinctive character and identity was produced. 2. ..... learned counsel has further submitted that the word manufacture and produce has not been defined in the it act but as laid down by various authorities it is apparent that the same should be recognized in the .....

Som Datt Builders Private Limited Vs. Deputy Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)280ITR229(Kol.)

..... the merit of the case, since we have already held while adjudicating the above legal issue above that the assessee was not entitled for any claim under section 80hhb as it executed the foreign project on march, 1982, whereas the deduction under section 80hhb came into existence w.e.f 1.4.83, the assessee was not entitled for any deduction under section 80hhb for the project completed in march ..... and cit(a) and has submitted that since the deduction under section 80hhb could only be claimed on the profit earned by the assessee on foreign project on or after 1.4.83, the claim of the assessee was rightly denied by the a.o.after initiating proceedings under section 147 in view of the fact that such claim of the assessee was wrongly ..... executed on or after 1.4.82 and not for the project executed before 1.4.82 and since in the present case this is not a contract receipt for which the assessee has executed a foreign projection or after 1.4.83 which entitle the assessee to claim deduction under section 80hhb and, therefore, in our considered opinion, the ld. ..... /143(3) of the income tax act, 1961 that the appellant does not maintain separate accounts in respect of the profits and gains derived from the business of the execution of foreign projects as required under section 80hhb(3)(i) of the income tax act, 1961. ..... seen that contract for execution of the foreign project was awarded to the assessee on 24.12.78 and completed on march, 1982, whereas section 80hhb was brought into the act only w.e.f. .....

R.R. Sen and Brothers Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)95TTJ(Kol.)398

..... for that the learned cit(a) erred in law as well as in fact in not allowing the benefit under section 80hhc of the act in respect of the profit derived by exporting the surplus foreign currency notes to abroad and selling such foreign currency in the foreign country and bringing the sale proceeds in convertible foreign exchange. 2. ..... he, however, referred to section 2(22)(d) of the customs act which defines 'goods' to include the currency and the negotiable instrument.therefore, export of foreign currency, according to customs act, is export of goods. ..... the facts of the case are that the assessee is a money changer within the meaning of section 7 of the foreign exchange regulation act, 1973, and is authorised to deal in foreign currency. ..... since the foreign currency has not been defined in the it act, we have to go to the general dictionary meaning and other considerations to find out its real meaning with reference to eligibility of deduction under section 80hhc. ..... with these arguments, learned counsel sought to establish that foreign exchange dealt in by the assessee-firm has all the characteristic of goods or merchandise and since all the ingredients of export of goods or merchandise were satisfied and the assessee had made export earnings in dollars in convertible foreign exchange, the assessee should be considered to be entitled to deduction under section 80hhc of the it act.10. .....

Overseas Merchandise Inspection Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2002)80ITD176(Kol.)

..... inserted with the object that even if the assessee renders its service sitting in india but to be used in a foreign country, in that event also the assessee is entitled to relief under section 80-o of the act.in this connection the circular issued by the cbdt being circular no.700 supports the case of the assessee which is as follows :- a question has been raised as to whether the benefit of section ..... that as long as the technical and professional services are rendered from india and are received by a foreign government or enterprise outside india, deduction under section 80-o would be available to the person rendering the services even if the foreign recipient of the services utilises the benefit of such services in india.the apex court in the case ..... that the provision of section 80-o being a special provision for encouraging an assessee to bring more foreign currency in india at the same time rendering services outside india, such beneficial provision should be interpreted ..... -93 on the following ground :- that the cit (appeals) erred in confirming the disallowance made by the assessing officer of the claim of deduction under section 80-o of the income-tax act, 1961 in respect of certain earnings in convertible foreign exchange for services rendered from india.2. ..... section 80-o of the act the conditions are that an indian company or a resident in india has to render its expertise service for the use outside india in consideration of which convertible foreign exchange is received in .....

Som Datt Builders (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)29ITD495(Kol.)

..... the losses as computing in accordance with the provisions of the income tax act, 1961 after allowing depreciation in respect of foreign projects in saudi arabia were included and taken into account and assessed in computing the total income of the appellant-company for the year under appeal. ..... the appellant-company is required to maintain separate bank accounts in respect of each of the foreign accounts and each foreign project is required to be cleared separately under the foreign exchange regulations act, 1973 and the rules made thereunder.15. ..... (v) an amount equal to twenty-five per cent of the profits and gains in respect of each of the foreign projects is brought by the assessee in convertible foreign exchange into india in accordance with the provisions of the foreign exchange regulations act, 1973 within the prescribed time.14. ..... the word 'such' in the phrase "such doubly taxed income" has a reference to the foreign income which is again subject to tax for its inclusion in the computation of income under the act, and not the same income under an identical head of income under the act. ..... he urged that section 80hhb(3)(i) of the income tax act clearly lays down that the separate accounts maintained by the appellant-company in respect of each of the foreign projects should be audited by an accountant as denned in section 288(2) of the income tax act. .....

M/S. S. Krishna and Co. Vs. Commissioner of Central Excise, Customs an ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... the ld.special counsel has further submitted that self-assessment system has been introduced in respect of customs clearance of imported goods under section 17 of customs act, 1962 with effect from 8/4.2011 and sub-rule (4) ibid provides that (4).where it is found on verification, examination or testing of the goods or otherwise that ..... however, on the opinion whether fit for human consumption, cannot be written as the food safety and standards act, 2006 defined in its clause section 3.1 zz that nsafe food means an article of food whose nature, substance or quality is so affected as to render it injurious to health or vice versa ..... not be written as the food safety and standards act, 2006 define in its clause section -3.1.zz- that unsafe food means an article of food whose nature, substances or quality is so affected as to render its injurious to health or vice versa hence, the product could only be certified as safe food and as per section 3(q) of fss act, 2006 in which food safety means assurance that food ..... it is the submission that word adulterated has been defined in the prevention of food adulteration act, 1994, section 2(ia), which reads under section:- (ia)adulterated an article of food shall be deemed to be adjulterated:- ------------------ ------------------ (f) if the article consists wholly or in part of any filthy, putrid, rotten, decomposed or deseased ..... goods is in violation of foreign trade policy (ftp) and are liable for confiscation under section 111(d) of the act. 9. .....