Court : Chennai
Reported in : (1995)IIMLJ367
..... of non-cooperation and refusal by the government of pondicherry to give a 'no objection' letter for receipt of the grant. the pant institute of technology was started in the year 1987 for giving education leading to grant of degrees in the three subjects mentioned earlier. the petitioner required affiliation ..... or having shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. in our opinion, this amendment has a significance inasmuch as it substitutes a person eminent in the field of education with a person well-versed in subjects connected with commercial activities. ..... . further, after the decision in bangalore water supply and sewerage board case : (1978)illj349sc , the parliament has passed the amendment act 46 of - excluding education, scientific, research or training institution from the definition of 'industry', making clear the intention of the legislature. but, the government has not chosen to notify the .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ367
..... account of non-cooperation and refusal by the government of pondicherry to give a no objection letter for receipt of the grant. the pant institute of technology was started in the year 1987 for giving education leading to grant of degrees in the three subjects mentioned earlier. the petitioner required affiliation ..... having shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. in our opinion, this amendment has a significance inasmuch as it substitutes a person eminent in the field of education with a person well versed in subjects connected with commercial activities. ..... further, after the decision in bangalore water supply and sewerage board case : (1978)illj312sc , the parliament has passed the amendment act no. 46 of 1982 excluding educations, scientific, research or training institutions from the definition of 'industry', making clear the intention of the legislatures. but, the government has not chosen to .....
Tag this Judgment!Court : Chennai
Reported in : [1996]217ITR382(Mad)
..... the revenue has, however, argued with some vehemence, that until the rules were introduced by the it (eighth amendment) rules, 1981, as provided under item (ix) of cl. (b) of sub-s. (1) of s. 35b of the it act, 1961 of the act, the expenditure on pre-investment surveys or the preparation of feasibility studies or project ..... the foreign buyers for the promotion of the sale of goods (tobacco) of the company. it is also not the case that the certification by the indian standards institution as an agmark is a condition precedent to export of tobacco or a term of the contract. the decision in union carbide vs . cit : [1987]165itr558(cal ..... sundaram industries ltd. vs . cit : [1986]159itr646(mad) . the third question, 'whether the tribunal was right in holding that the weighted deduction under s. 35b of the it act, 1961, on inspection agency fee, warrants claim relating to export, interest on export packing credit paid to the sbi are not available ', needs, however, determination. 2. the assessee .....
Tag this Judgment!Court : Chennai
Reported in : (1996)2MLJ51
..... even in respect of that condition, the company has to explore the possibility of anaerobic biological treatment and hence immediately could not be implemented because the technology was found unsuitable for the industry, as the industry do not have constant and consistent pollutant loads due to operational reasons. the company took all ..... petitioner company's manufacturing plant is located at sirumugai village, mettupalayam taluk. apart from the share capital, the petitioner company has borrowed loans from financial institutions amounting rs. 175 crores. the petitioner company is having its industrial activity from 1984 by obtaining consent orders from the respondent. the industry is a ..... the company has provided a modern effluent treatment plant, in order to satisfy the requirement of water (prevention and control of pollution) act, 1974 as amended in 1988 (hereinafter refer to as 'the act'). the industry has also got a sulphuric acid plant and carbon-disulphide plant. the source of effluent .....
Tag this Judgment!Court : Chennai
Reported in : [1997]225ITR101(Mad)
..... marriage benefit trust and m. s. sowmiyaram marriage benefit trust. similarly, for the asst. yr. 1978-79 also the cit exercised his jurisdiction under s. 263 of the it act and after hearing the assessee, he directed the ito to include in the assessment of the assessee the income from the said two trusts. 4. aggrieved by the order ..... date of this deed, this deed of trust shall become invested with 'university of madras' which is an educational institution. the settlor or his legal heirs shall have no right, title or interest whatsoever in the said trust property or its accumulations or accretions thereof.' thus, in the ..... , title or interest in the said money or its accumulations or accretions thereof'. by a supplementary deed executed on 26th october, 1979, the said cl. 22 had been amended to read : 'if the said intended marriage were not to be solemnised for any unforeseen reason or reasons within a period of 25 (twenty five) years from the .....
Tag this Judgment!Court : Chennai
Reported in : (1997)138CTR(Mad)297
..... high court in m. r. pratap vs. v. m. muthukrishnan, ito : [1977]110itr655(mad) stated as follows :'the word person used in s. 277 of the it act, 1961 (as the act stood prior to its amendment w.e.f. 1st oct., 1975), refers not only to the assessee but also to the person who has made the false verification in the return ..... or body, whether incorporated or not and whether indian or non-indian, which is declared by general or special order of the board to be a company;provided that such institution, association or body shall be deemed to be a company only for such assessment year or assessment years (whether commencing before 1st april, 1971, or on or after that ..... or(ii) any body corporate incorporated by or under the laws of a country outside india, or(iii) any institution, association or body which is or was assessable or was assessed as a company for any assessment year under the indian it act, 1922 (11 of 1922), or which is or was assessable or was assessed under....this act as a company .....
Tag this Judgment!Court : Chennai
Reported in : (1997)138CTR(Mad)352; [1998]229ITR285(Mad)
..... its dominion cannot be considered as a part of its real income or its profit. it is, therefore, required to be excluded under s. 28 of the it act, 1961, for the purpose of calculation of income.' this decision was arrived at by the bombay high court after taking into consideration the decisions rendered in the ..... about the proposals, permit withdrawal. under cl. 6, the storage tanks for molasses are required to be as per the specifications formulated by the indian standard institution and made of pucca covered masonary as may be decided by the commissioner. the storage tanks for alcohol are required to be as per specifications laid down ..... arose whether the amount deducted from the sale proceeds of alcohol and spirit and transferred to storage fund for molasses and alcohol account under the ethyl alcohol (price control) amendment order, 1971, is an admissible deduction. while answering this question, the bombay high court held as under : 'there is, therefore, a statutory diversion at source .....
Tag this Judgment!Court : Chennai
Reported in : (1997)143CTR(Mad)94
..... and in the circumstances of the case, the tribunal was right in law in holding that the assessee is entitled to exemption under s. 11 of the it act in view of the amended provisions of s. 13(1)(d) of the act extending the time limit upto 31st march, 1993 for converting the deposits into permissible mode of investments ..... the assessee is entitled to exemption under s. 10(22) of the act. the tribunal held following an earlier decision of this court in the case of aditanar educational institution (supra) that the assessee is entitled to exemption under s. 10(22) of the act. but, while framing the question in the reference application, the department stated ..... previous year ?'2. before the tribunal the question was whether the assessee is entitled to exemption under s. 10(22) of the it act, 1961. the tribunal following the decision of this court in the case of cit vs. aditanar educational institution (1975) 118 itr 235 held that the assessee is entitled to exemption under s. 10(22) of the .....
Tag this Judgment!Court : Chennai
Reported in : [1999]236ITR459(Mad)
..... in tax case petition no. 519 of 1980, dt. 9th march, 1981, the tribunal referred the following question for the opinion of this court under s. 256(2) of the it act, 1961 (hereinafter referred to, as the act) : 'whether, on the facts and in the circumstances of the case and having regard to the provisions of s. 36(1)(ii) of ..... paid to the employees in excess of 20 per cent of the salary made in the assessment for the year 1976-77 ?' 2. the assessee is a non-banking financial institution and it carries on business in moneylending on pledges. during the previous year relevant to the asst. yr. 1976-77, it has paid a sum of rs. 3,79,204 ..... in this view, he disallowed a sum of rs. 1,93,419 as excess bonus paid by the assessee. according to the ito, the payment of bonus act and the amendment of s. 36(1)(ii) came into effect from 25th september, 1975, and therefore, they are applicable to the assessment year under consideration and the excess payment could not be .....
Tag this Judgment!Court : Chennai
Reported in : (1998)2MLJ33
..... government that the members of the present board of trustees of the pachaiyappa's trust have also committed irregularities in the management of the charities and institutions (including educational institutions) and properties under its control:and whereas it has been represented to the state government that the continuance of the management of the pachaiyappa's ..... trust (takeover of the management) act, 1981 hereinafter referred to as pachiappas trust takeover act, read with g.o.ms. no. 719, education science and technology department, dated 7.10.1996 wherein the government has directed the chairman of the committee of the pachiappa's trust to handover the chengalvaraya naicker trust to the ..... of section 3 of the act, so as to empower the government to appoint the members of the committee of management by notification without resorting to the amendment of the act.14. the legislative intention for enacting the said act is thus stated in the preamble of the act as follows:whereas it has been .....
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