Judgment Search Results Home > Cases Phrase: gains of learning Court: delhi Page 1 of about 7,675 results (0.023 seconds)

Kewal Krishan Mayor Vs. Kailash Chand Mayor and ors.

Court : Delhi

Reported in : ILR1977Delhi97

..... by the hindu gains of learning act it is provided that notwithstanding any custom, rule or interpretation of the hindu law, no gains of learning shall be held not tobe the exclusive and separate property of the member of the jointfamily who acquires them merely by reason of his learning. ..... the firstcircumstance pointed out by the learned counsel is that the conditionof the testator's mind appeared to be very feeble and dibilitated andthe evidence on the record of this suit has not succeeded in removingthe doubt as to the mental capacity of the testator. 1. ..... lal, the learned counsel for theplaintiff, on the other hand, is that under hindu law, there is nonecessity for joint hindu family property to exist in order that theremay be a joint family. ..... sethi, the learned counsel for defendant no. .....

A. Khandelwal and Sons, (Huf) Vs. Sardar Mall Alok Kumar (Huf)

Court : Delhi

Reported in : 158(2009)DLT102

..... by section 3 thereof no gains of learning is to be held not to be exclusive and separate property of the acquirer for the reason of such learning having been acquired with the aid of family funds or for the reason of his having been maintained or supported from family funds. ..... the hindu law as enunciated above was changed by the hindu gains of learning act, 1930. ..... however it was further laid down that where such acquisition of special science or learning is paid for at the expense of the family or to the detriment of the family, it is regarded as the family investment and the emoluments earned by the possessor are joint property of the family or the fruits of investment made in one ..... : [1992]19itr1(sc) held the definition of learning in the said act to be very wide and encompassing within its sweep every acquired capacity which enables the acquirer of the capacity to pursue any trade, industry, profession or avocation in life.16. ..... it was further held that property acquired by possession of special science or learning is a recognized exception. ..... the privy counsel while holding that it would be impractical to distinguish between personal and family element in ultimate gains i.e. .....

Balbir Singh Uppal and Another Vs. Gurmeet Singh Uppal and Others

Court : Delhi

..... him in lieu of the ancestral properties of his father left behind in pakistan for acquiring the properties mentioned in the table noted herein above is falsified; (iii) in view of the provisions of section 3 of hindu gains of learning act, 1930 which require that earning of an individual from acquired skills such as medical or legal practice, accountancy or other avocations where individual effort and skill is necessary, shall always be deemed to be separate property of the individual ..... definitions in this act, unless there is anything repugnant in the subject or context, - (b) gains of learning means all acquisitions of property made substantially by means of learning, whether such acquisitions be made before or after the commencement of this act and whether such acquisitions be the ordinary or extraordinary result of such learning; (c) learning means education, whether elementary, technical, scientific, special or general, training of every kind which is usually intended to enable a person to pursue any trade, industry, profession or avocation ..... the act provides that notwithstanding any custom, rule or interpretation of the hindu law, no gains of learning shall be held not to be the exclusive and separate property of the acquirer merely for the reason that his learning, in whole or in part has been acquired with the aid of the funds of the family and "learning" has been understood to mean education which is to enable a person to pursue any trade, industry, profession .....

Commissioner of Income-tax Vs. Charan Dass Khanna and Sons

Court : Delhi

Reported in : [1980]123ITR194(Delhi)

..... it was further not brought out that any of those coparceners had acquired any specialised technical skill which could be termed the result of his gains and learning's analogous to those envisaged by the hindu gains of learning's act of 1930.18. .....

Gyan Wati & Ors. Vs.pramod & Ors.

Court : Delhi

..... the appellants/plaintiffs sought to place reliance upon the hindu gains of learning act, 1930 to argue that the judgments which are passed would be against the spirit of this act, however i really fail to understand this argument because succession to the property of a deceased hindu who dies intestate has to be in accordance with the hindu succession act, and, the hindu gains of learning act will have no application to succession of a rsa no.85/2017 page 3 of 4 property of a deceased hindu .....

Ece Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)11

..... /2003.since we have held that the sale transaction in the case of the assessee was a slump sale and have also directed the ao to recompute the capital gains as per law and in view of section 45 of it act, we set aside the finding of the learned cit(a) and restore the matter to the ao for recomputing the capital gain or capital loss and thereafter to decide the issue relating to set off of the business loss, if any, as per law.83. ..... ; and the assessee also made reference to the facts that the newly inserted section 50b related to the computation of capital gains in the case of slump sale and submitted that prior to the insertion of section 50b indexing was allowable in the case of slump sale.3.9 learned cit(a) distinguished the authorities on which reliance was placed by the assessee and upheld the view taken by the ao. ..... in the light of the foregoing discussion, i do not consider the sale of sonepat unit as a 'slump sale'.3.10 the learned first appellate authority also considered the issue relating to cost of acquisition, cost of improvements and method of computation of capital gain as given in sections 48 and 50 of it act and held that provisions of section 50 which provide a special method for determining the cost of acquisition shall apply in the case of the assessee.3.11 regarding the applicability of section 50b relating to .....

Assistant Commissioner of Income Vs. Girish Chander Sharma

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)104TTJ(Delhi)220

..... therefore, the plea of the revenue based on provision of section 10(3) is not entertained.as regards assessment of capital gains, learned cit(a) in the impugned order has elaborately discussed the agreement under which possession of the demise premises was given to the assessee and has held that assessee had no right, title ..... after considering submissions of the assessee in detail in the light of material available on record, the learned cit(a) decided the matter in favour of the assessee as per the following observations: finally, the learned advocate submitted that the appellant did not own any 'capital asset' in the nature of sub-tenancy rights in the said premises which would make him liable to pay ..... the learned departmental representative further submitted that if above receipt was held to be not liable to tax as capital gain, then the same is liable to be charged as a casual and non-recurring receipt under section ..... to establish that the receipt gave rise to any taxable capital gain; the departmental representative could not be allowed to put up a new case on behalf of the ao that if the receipt is not taxable under the head "capital gain", it should be taxed as revenue receipt under section 10(3) ..... cannot be permitted to advance or put up entirely a new case at the time of hearing before the tribunal that is if the receipt is not liable to be subjected to tax under the head "capital gain", the same is liable to be treated as a revenue receipt under section 10(3) of the act. .....

State Govt of Nct of Delhi Vs. Khalil Ahmed

Court : Delhi

..... on count of pecuniary gainlearned counsel for petitioner relied upon vinod ..... fir nos.34/1992, 395/2001 and 85/1986, on considering all the facts of these three cases and involvement of respondent therein, learned trial judge was of the view that prosecution has failed to show prima facie that above three cases were committed by respondent as a member of organised crime syndicate or on behalf of ..... since the allegations against respondent is that he alongwith his associates has been running an organized crime syndicate in delhi with an intention to get pecuniary gain by committing various crimes by threat, extortion, murder, attempt to murder, kidnapping assault etc; therefore, after obtaining sanction under section 23 of mcoca, accordingly challan was filed for the offence punishable under sections 3(2), 3(4) and sec ..... the aspect whether other advantagehas to be read with gaining pecuniary advantagein section 2(e) of mcoca, learned counsel for petitioner relied upon state of maharashtra v. ..... chitnis, learned senior counsel, mr.a.h.h.ponda and mr.shrikant shivade, learned counsel in support of the proposition that the term other advantage is required to be read as ejusdem generis with the words gaining pecuniary benefits, or gaining undue economic advantage. ..... learned trial judge observed that prosecution could not prove that alleged offences committed by respondent were committed as a member of organized crime syndicate with an objective to pecuniary gains or undue economic .....

inspecting Assistant Vs. Ghaziabad Engineering Co. (P.)

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD289(Delhi)

..... it was conended that the commissioner (appeals) has not considered this aspect raised by the ito on the ground that the ito had not established that the capital gains were chargeable in this case.according to the departmental representative, the rights of the assessee as a sole distributor were his capital asset and extinguishment of such capital asset resulted in a transfer within the meaning of section 45 ..... it had also been emphasised that the assessee was having its own staff and mico had nothing to do with it.the learned counsel for the assessee pointed out that a person who buys his goods from a manufacturer with a view of sale would be doing his own business and not the business of the ..... regarding the contention of the departmental representative that the capital gains is chargeable, the learned counsel for the assessee submitted that the assessing officer had not made out any such case ..... considered this question and has disposed of this matter with the following remarks : finally, it needs to be stated here that the iac had firmly treated, at page 30 of his order, that the provisions of capital gains are not being invoked as they were not applicable on the other conclusions drawn by him regarding the receipt. ..... in the end, he reiterated that the iac who made the assessment had not made an addition for capital gains though he had made a specific reference to this alternative possibility in case the compensation was not considered as business income in the hands of the .....

Mohd. Haroon Japanwala Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)22ITD61(Delhi)

..... of the assessee the following contentions appeared to have been made :-- (a) proceedings under section 147(b) were illegal as there was no new information available to the learned ito after the original assessment was completed and it was a case of mere change of opinion ; (b) that assessment of income from capital gain was invalid as there was no evidence that the value of properties representing the share of the assessee was more than the value of the property ..... it was the revenue's case before us that it was an exchange of properties between the two brothers and the assessee having got the assets of higher value the capital gain was rightly assessable in the assessee's hands.reliance by the learned departmental representative in this connection was placed on the ratio in the case of cit v. ..... on the basis of the above submissions it was the learned counsel's case that reopening was bad and no capital gain was required to be taxed and that the learned cit(a) should have knocked off the order of the learned ito.16. ..... in the light of the preceding paragraphs we confirm the confirmation of the reopening but vacate the confirmation of the learned cit(a) in agreeing with the learned ito that capital gain was taxable.32. ..... we are satisfied that in the facts of the assessee's case the learned ito was definitely justified to initiate the reopening proceedings as he had sufficient material to form an opinion that income assessable to capital gain had escaped assessment. .....