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Commissioner of Income Tax-Iv vs.hero Motocorp Limited

Court : Delhi

..... the word 'consideration as defined in section 2 the indian contract act, 1872 would include a payment to do or abstain from doing a ..... this is an appeal by the revenue under section 260a of the income tax act, 1961 ( act ) directed against the order dated 23rd november, 2012 passed by the income tax appellate tribunal ('itat') in ita no.5130/del/2010 for the assessment year ..... singh is that under explanation 2 below sub-clause (vi) of section 9 (1) of the act, 'royalty' means consideration for the purposes specified thereunder in sub- clauses (i) to ..... the preamble clauses of the ea expressly referred to the ltaa and also described the parties thereto as the licensor and ..... do so would lead to the disallowance under section 40 (a) (i) of the act of the entire payment of the export commission as a deduction. ..... above reasons, the court concludes that the payment of export commission by the assessee to hmcl was not in the nature of payment of royalty or fee for technical services attracting disallowance under section 40 (a) (i) of the act. ..... of the present appeal, the court proceeds to examine if any question of law requires to be framed on the issue of treating the payment of export commission as royalty for the purposes of section 9 (1) (vi) read with section 40 (a) (i) of the act. ..... payment of export commission was in fact payment of royalty which required the assessee to deduct tax at source and the failure to do so led to disallowance of the deduction under section 40 (a) (i) of the act.10. .....

Baban Mayacha and ors. Vs. Nagu Shravucha and ors.

Court : Mumbai

Reported in : (1877)ILR2Bom19

..... tidal rivers in british india are, like those of such rivers in great britain, prima facie, to be regarded as vested in the crown is established, the transition thence to the proposition--that the subjacent soil of the british indian seas, within the territorial limit of three geographical miles from low-water-mark, is also vested in the crown--is (if the like proposition as to the territorial waters of great britain be true) not difficult, for a navigable ..... the fisheries mentioned in act xvi of 1838, section 1, clause 2, as to which the revenue courts, and the fisheries mentioned in act x of 1872 (criminal procedure code) sections 530 and 531 as to which the magistrates are respectively empowered summarily but temporarily to decide questions of possession, would seem to be private fisheries, (vide per ..... a more ambitious assertion of the proprietary right of the state in lands is to be found in the preamble of bombay regulation iii of 1814, if it be read in the sense which primarily it would seem ..... the preamble is no part of the enactment, and 'a mere, recital in an act of parliament' (and, therefore, in acts of the local legislatures) either of fact or law is not conclusive, and we are at liberty to consider the fact or the law to be different from the statement ..... sir john patteson decided, as appears from the preamble of the statute, 'first, that the right to all mines and minerals lying under the sea-shore between high and low-water-marks within the said county of cornwall, and .....

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

..... (31 of 1946) and the foreigners (tribunals) orders, 1964 by a tribunal constituted under the said order;(c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985;(d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in undivided india;(e) a person shall be deemed to have been detected to be a foreigner on the date on which a tribunal constituted ..... side include: -a) steep and continuous increase in population;b) sharp deterioration in land-man ratio;c) low rates of economic growth particularly poor performance in agriculture;the 'pull factors' on the indian side include: -a) ethnic proximity and kinship enabling easy shelter to the immigrants;b) porous and easily negotiable border with bangladesh;c) better economic opportunities;d) interested religious and political elements encouraging immigration;4. ..... this process the preamble to the act and its material ..... .'the preamble to the aforesaid act says: -'an act to provide ..... .' the preamble of the act says that 'the continuance of such foreigners in india is detrimental ..... 'the preamble of the act which finally came into force on 25th december, 1983 reads as under :-'an act to provide for the establishment of tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant to enable the central government to expel illegal migrants from .....

Haveliram Shetty Vs. Maharaja of Morvi

Court : Mumbai

Reported in : AIR1945Bom88; (1944)46BOMLR877

..... 8 is ultra vires andthat as it cannot be severed from the rest of the clause, the whole clause is ultra vires, independently of the validity or otherwise of rule 81(2) (bb) and section 2(1) of the defence of india act, 1939, it would not be necessary to decide whether the last mentioned two provisions are invalid, but in deference to the learned and elaborate arguments addressed to us, i may express my concurrence with the reasons given by ..... made by the deputed authority : but also in the mandate which confers the power to exercise the legislative function on that authority ; and in this respect the authority conferred by section 9 of the act, to which i have already referred, is significant: since when the central legislature directly, and without the central government being the intermediary, authorizes the provincial government to set up a criminal tribunal, the ..... it was contended that because the defence of india act altered the transfer of property act and the indian contract act and interfered with the jurisdiction of the high court ..... 62, whereby the minister of agriculture and fisheries has to give a consent, which may have the effect of depriving a tenant ..... , in june 1939, appears from its preamble :whereas it is expedient ' to restrict the increase of rental of certain premises in consequence of the levy of the urban immovable property ..... creates a liability not existing at common law; because there was an old market with a right to some tolls-as is stated in the preamble,... .....

The State of Karnataka and anr. Vs. Shri Ranganatha Reddy and anr.

Court : Supreme Court of India

Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641

..... appeal which de facto proceeds on fastidious societal values of vanishing validity in the changed setting and is partly founded on exotic juridical doctrines (eminent domain) incongruous with the legitimate realities of the emerging indian order as are writ into article 31(2) and more unmistakably in article 31c read in the manner of keshavananda bharati : 1972crilj1526 along side of article 39(b) and (c).46. ..... under which they are being crushed.and if the landlords, zamindars, monied-men and those who are today enjoying privileges-i do not care whether they are european or indian-if they find that they are discriminated against, i shall sympathies with them, but i will not be able to help them. ..... ]2scr867 ) or an office for the state trading corporation, acquisition of land to construct a dharmashala, houses for members of a cooperative society housing scheme, houses for workmen or for a mahatma gandhi memorial, as pointed out by an indian jurist (rajeev dhavan, in his study of 'the supreme court of india' (tripathi) have been regarded in decided cases as public purposes. ..... and investigation of the facts stated in the statement of objects and reasons and the preamble of the act was neither permissible nor was it gone into by the high court. mr. a. k ..... january 1976).this does not apply to the indian bar on bench at all and is referred ..... swadeshi about a country's jurisprudence and so our legal notions must bear the stamp of indian developmental amplitude linked to constitutional goals. .....

State Vs. Venishanker Kalidas Bhatt

Court : Gujarat

Reported in : (1962)3GLR33

..... therefore the second part of clause (b) of the definition excludes a loan granted to a co-operative society from the definition of 'loan'. now it is contended that the preamble of the bombay co-operative societies act, 1925, shows that it was found expedient to facilitate the formation and the working of co-operative societies for the promotion of thrift self-help and mutual aid among agriculturists ..... a deposit of money or other property an a government post office bank or in other bank or in a company or with a co-operative society;(b) a loan to or by or a deposit with any society or association registered under the societies registration act 1860 or any other enactment relating to a public religious or charitable object;(c) a loan advanced by government or by any local authority authorised by government:(d) a loan advanced by a co-operative society;(d1) an advance made to a subscriber to or a depositor in ..... the state of gujarat against the acquittal of the respondent who was charged with having committed an offence punishable under section 34 of the bombay money lenders act for having contravened section 18(2) of the same act in that he did not send copies of the accounts in respect of three money-lending transactions dated 24-12-57 27 and 30-12-57 relating to loans advanced by ..... , justice, prisons public health relief of the disabled, education, libraries forests, fisheries, money-lending taxes on animals, price controls, weights and measures gas boilers ..... of all indian enactments .....

Parashram Madhavrao Bhadanekar Vs. the Secretary of State for India

Court : Mumbai

Reported in : AIR1932Bom319; (1932)34BOMLR129

..... the whole case depends on the applicability of (sic) vii of 1863, and from the preamble and heading of the act and the provisions given above, i am of opinion that the act (sic) only with payments to be made by the subject to government, and has no ..... it has further been contended on behalf of the plaintiff that even supposing government did make a settlement with the plaintiff under the rules framed under the act, the settlement which they have made is the commutation of five anas (sic) in the rupee, and that the rules do not (sic) ..... debtor bound to make certain payments to the creditor-plaintiff, and therefore the act has no application, while it is contended on behalf of the government that, in view of the definition of land in section 32 of act vii of 1863, the act will cover the case of an allowance like that made to the plaintiff, and therefore under the act and under the rules made thereunder, government have the power to impose such ..... rule 2 runs as follows:-lands originally held for service, and which have been continued, or may hereafter be continued, under section 15, bombay act iii of 1874, on condition of payment of a certain portion of the assessment thereof in commutation of service, shall continue to be held in accordance with the terms of the sanad issued or hereafter to ..... after the final orders of government were communicated to him in 1915 and the suit is not barred by limitation falling as it does under article 131 of the indian limitation act. ..... august 9, 1897. .....

Grasim Industries Ltd. Vs. Commissioner, Commercial Taxes

Court : Rajasthan

Reported in : [2002]125STC35(Raj); 2002(1)WLC369; 2001(2)WLN674

..... the base year figures adopted for the purpose of carrying out computation of the partial exemption benefit under the aforesaid notification has been placed on record as annexure 'a' attached to annexure 6 by the petitioner, which is as under :indian rayon & industries ltd.white cement divisioncomparative chart showing determination under notification dated may 6, 1986.sl. ..... entire expression cannot be read outside the context of 'such goods' referred to in the preamble of the notification which provides the subject of the notification no. s.o. 23.'s.o. 23. ..... --in exercise of the powers conferred by section 8(5), central sales tax act, 1956 (central act 74 of 1956), the state government in supersession of the finance department notification no. ..... that was a case in which orissa sales tax act has used two entries in the schedule of rates ; one was cement and another was white ..... of the powers conferred by section 8(5), central sales tax act, 1956, the state government in supersession of the. ..... manufacture of any electronic goods other than watches notwithstanding that 'electronic goods' for the rate purposes may have been classified as one entry in the notification governing the rates of tax under the act in the state. ..... other manufacturers in the state in the relevant industry during the accounting year 1984-85' which find place in the notification issued by the state of rajasthan in exercise of powers conferred by section 8(5) of the central sales tax act, 1956 (annexure 1) no. f.4(72) fd/gr. .....

Ghazanfar Ali Khan Etc. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1982All201

..... that in order to achieve harmony between the two conflicting interests of the cane growers and the sugar mills on the one hand and the interest of the general public on the other, the cane commissioner acted in public interest to issue the notification which is likely to make available the supply of sugar to the public at large at a cheap price.so far as the figures relied upon by the counsel for ..... requirements of two different classes, the notification achieves the purpose and object of the essential commodities act and the sugarcane control order, 1966 for achieving the object of which the impugned notification has ..... such guidance may be obtained from, or afforded by the preamble read in the light of surrounding circumstances which necessitated the legislation taken in conjunction with well known facts of which ..... reading the same in the light of the objects for which the said act was enacted and section 3 itself, it would be found that for achieving the object it is not necessary that restrictions could be imposed only on persons other than those who grow ..... provisions may be immanent in the preamble, scheme, purpose and subject matter of the act. ..... -cane control order, 1966 the supreme court held in the case of indian sugar and refineries v. a. s. ..... for the purpose of finding whether the act is bad on account of excessive delegation, the law settled is that where the legislature lays down the policy and indicates the rule or the line of action that should serve as guidance .....

Megha Enterprises and Etc. Etc. Vs. the State and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K16

..... in athani municipal council's case, air 1969 sc 1335, and was perceived in the following terms :'alteration of article 137, namely, the inclusion of words 'other proceedings' in the long title of the 1963 limitation act, the omission of the preamble and the change in the definition so as to include petitions in the words 'application' do not show any intention to make article 137 applicable to proceedings before bodies other than the courts such as quasi-judicial tribunals ..... (i) that since applications referred to in the 3rd division of the schedule happened to be applications under the cpc, the word 'applications' in article 178 (corresponding to article 181 of the 1908 central act and the state act) should be considered ejusdem generis; and (ii) because the preamble of the act dealt with 'certain applications' and not with all types of applications. ..... ' in the first column of the article giving the description of the application 'any other application' for which no period of limitation is prescribed elsewhere in this division, indicates that the interpretation of article 181 in the 1908 limitation act on the basis of ejusdem generis should apply to article 137'.the apex court thus maintained the earlier position irrespective of the changes effected by article 137. ..... this position stood ground till the central legislature enacted the indian arbitration act, 1940 and amended articles 158 and 178 of the limitation act, 1908. .....