Court : Delhi
Decided on : Aug-24-2006
Reported in : (2007)212CTR(Del)309
1. The following three questions of law have been referred for our opinion under Section 256(1) of the IT Act, 1961, in RA No. 943/Del/1983 in ITA No. 771/Del/1982 relevant for the asst. yr. 1971-72 :1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified both on the facts and in law in holding that the amount of Rs. A,57,282 representing loans should not be deducted from the capital employed while working out relief under Section 80J of the IT Act, 1961 by ignoring the provisions of Rule 19 of the IT Rules, 1962?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified both on facts and in law in holding that the capital as employed on the first day of the year should not be taken while computing the relief under Section 80J but should be taken on the average of assets minus average of liability during the year by ignoring the Rules, provisions of Rule 19 of the IT Rules, 1962?3. Whether, on the facts and in the circums...
Tag this Judgment!Court : Delhi
Decided on : Jan-23-2006
Reported in : 127(2006)DLT535
Vikramajit sen, J.1. Keeping in perspective the urgent nature of these writ petitions, Counter Affidavits being available on the record, and arguments having been heard in full detail, the matter was taken up for final disposal. The vagaries and vicissitudes of public life and elections cannot always be visualized or predicted with precision, as these petitions demonstrate. Shri Paramjit Singh Sarna, the President and Shri Ravinder Singh Khurana, General Secretary of the Delhi Sikh Gurdwara Management Committee have intractably locked horns with each other. They have their own factions and supporters. The General Secretary had convened the annual elections of the Executive Board for 19th December, 2005 in terms of his letter dated 28.11.2005. It transpires that in that particular period the President was part of the Jatha which was on pilgrimage to Nankana Sahib, on the outskirts of Lahore, Pakistan. On his return the President took umbrage at the unilateral decision of the General Sec...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jan-20-2006
Reported in : (2006)8SOT72(Delhi)
This is an appeal by the revenue and is directed against the order of Commissioner (Appeals)-XXV, New Delhi dated 10-2-2000 relating to assessment year 1996-97. The only effective ground raised by the revenue in this appeal reads as under : "On the facts and circumstances of the case and in law, the learned Commissioner (Appeals) erred in deleting the addition made by the assessing officer as perquisite; on account of expenses on Pension Plan (Rs. 99,382) paid by the employer on behalf of the employee." Briefly stated, the facts of the case are that the assessee is a foreign national working as Managing Director of GE Capital Services India. The assessee filed the return of his income on 28-6- 1996 declaring total income of Rs. 1,70,14,850 comprising of income from salary of Rs. 1,71,39,570, income from capital gains of Rs. 1,24,720 and income from other sources of Rs. 15,241. During the assessment proceedings, the assessing officer required the assessee to show cause why the contribu...
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2006
Reported in : I(2007)BC487; (2007)1CompLJ391(Del); 136(2007)DLT355; [2007]75SCL355(Delhi)
..... the shareholders in a democratic manner. the board of directors is the executive organ of the company which is required to act as per the memorandum and articles of association subject to control of the shareholders who perform the role of legislature. (see in this regard observations of the supreme court in life insurance corporation of india v. escorts ltd. and ors. (1986) 59 comp cas 548 and gower's principles ..... this reason the court made a winding up order.14. the conditions required for winding up of a company on the ground that it is merely a quasi partnership and deadlock are satisfied and applicable in the present matter. my reasons are as under:(a) both the petitioner and the respondent group hold 50% shares in the company.(b) as per articles and memorandum of association of the ..... sanjiv khanna, j.1. the present petition under section 433(f) read with sections 434 and 439 of the companies act, 1956 (hereinafter referred to as the act) has been filed by draegerwerk aktiengesellschaft (hereinafter referred to as the ..... act, which are reproduced below:42. the respondent no. 2 has systematically destroyed the respondent no. 1 company since it failed to supply medical equipment and spare parts which are required by the respondent no. 1 company to meet its obligations to various hospitals in discharge its contractual obligations. the respondent no. 1 company's operations have come to standstill and there is no running business, as its operations have been completely paralysed.43 .....
Tag this Judgment!Court : Delhi
Decided on : Mar-17-2006
Reported in : AIR2006Delhi276; III(2006)BC405; 2006(2)CTLJ34(Del); 128(2006)DLT319; 2006(89)DRJ207
..... the case. thus if the plaintiff is the agent of the defendant then in terms of section 222 of the said act, the defendant is liable to indemnify the plaintiff as a consequence of all the lawful acts done by the plaintiff which in the present case would be the import of the craft paper.33. learned counsel for the plaintiff referred to the judgment of the apex court in chairman, life insurance corporation and ors. v. rajiv kumar bhasker : air2005sc3087 . it was held by the ..... . 29,87,092/-. the plaintiff has also claimed future interest and costs.2. the plaintiff is an existing company within the meaning of the companies act, 1956 engaged in the business of manufacture and sale of cement of various qualities and specifications. at the relevant period of time in 1976-77 the export of cement from india was made exclusively ..... contracts negotiated by s.t.c. and no portion thereof will be used or disposed of otherwise by us.we further agree that any non-application or misutilisation of the imported sack kraft paper will make us liable to penal action under the import trade control rules.in witness whereof ..... permission for using the bags for sale of cement within the country. however, utilization in this manner being subject to certain conditions could not recover the full cost of the bags.43. in my considered view the plaintiff has thus been able to establish the relationship of principal and agent in respect of transaction and the craft paper was imported by the plaintiff for and on behalf .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2006
Reported in : (2007)207CTR(Del)196
T.S. Thakur, J.1. The only grievance which the petitioner has made in the present writ petition is that the respondents have under threats and coercion recovered a sum of Rs. 20 crores as service-tax on license fee/royalty/rent received by it towards non-cargo revenue without any order of assessment determining its liability or quantifying the amount recoverable from it. It is urged on behalf of the petitioner that although the record summoned by the respondents in connection with the proposed assessment proceedings has already been submitted yet the respondents have neither concluded the proceedings nor indicated the reasons for their failure. On the contrary, they have threatened the officials of the petitioner with arrest and detention and thereby coerced them to pay a huge amount of money towards tax which has not so far been held payable. The following relief has in the above backdrop been prayed for:(a) Issue a writ of certiorari calling for the service-tax assessment records per...
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2006
Reported in : AIR2006Delhi98; III(2006)BC82; 2006(1)CTLJ123(Del); 127(2006)DLT1
Badar Durrez Ahmed, J.1. Initially, the application [IA No. 11121/2003] under Order 39 Rules 1 & 2 of CPC was argued on 30.11.2005 and orders were reserved. The counsel also sought time to take instructions as to whether the suit itself could be disposed of at this stage. On 05.12.2005 the counsel responded by saying that it could. The following issues were framed:-1. Whether any contract/agreement came into existence between the plaintiff and the defendant No. 1?2. Whether the defendant No. 1 is entitled to invoke the Bank Guarantee?3. Relief.And, it was submitted that the arguments advanced at the hearing of the said application be treated as arguments in the suit and the same be disposed of. It is so being disposed of by this judgment.2. The plaintiff has filed the present suit seeking a declaratory decree as well as a decree for permanent injunction. The declaration that is sought by the plaintiff is that no agreement / contract has come into being between the plaintiff and the def...
Tag this Judgment!Court : Delhi
Decided on : Jun-02-2006
Reported in : [2006]285ITR213(Delhi)
T.S. Thakur, J.1. This appeal under section 260A of the Income Tax Act, 1961 assails the correctness of an order passed by the Income Tax Appellate Tribunal, New Delhi in so far as the Tribunal has disallowed a deduction towards contribution of a sum of Rs. 4,31,342 made by the assessed to the gratuity fund and a sum of Rs. 35,31,223 contributed towards the superannuation fund on the ground that the said funds were not approved during the relevant period.2. For the assessment year 1998-99, the appellant filed a revised return declaring, an income of Rs. 1,15,76,566. The assesseds case before the assessing officer was that it had entered into an agreement with the Life Insurance Corporation of India and made contributions towards gratuity and superannuation funds for the benefit of its employees. An application made by the appellant to the Commissioner for approval of the fund under the Employees Group Gratuity Scheme (corporate and factory) had resulted in approval for the said fund wi...
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2006
Reported in : 129(2006)DLT806; 2006(90)DRJ203; [2006(110)FLR719]; 2007(1)SLJ531(Delhi)
Gita Mittal, J.1. The Netaji Subhash Institute of Technology, referred to as ' the petitioner' in this judgment and Shri Dilkhush Bairwa, referred to as ' the respondent' herein, have filed writ petition (Civil) Nos. 2252/2003 and 2351/2005 respectively assailing the industrial award dated 6th February, 2002. As these petitions raise identical questions of law and fact, they are being taken up together for disposal. There is no material dispute to the facts which give rise to the petition and to the extent necessary, the same are noted hereafter. 2. The respondent-workman was admittedly appointed as a mason by a letter of appointment dated 25th February, 1991. In the letter of appointment, the workman was notified that he was appointed to this post in the pay scale of Rs. 975-25-1150-EB-30-1540 with a starting salary of Rs. 975/- along with allowances as were admissible under the applicable rules. The letter of appointment contained Clause 1 wherein it was stated that post was temporar...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Jul-11-2006
Reported in : (2007)(2)SLJ315CAT
1. Applicant, by virtue of this O.A., has impugned respondents' order dated 29.01.2004 whereby his services have been dispensed with. An order passed in appeal on 8.11.2004 is also being assailed.2. A brief factual matrix transpires that the applicant, who had been working elsewhere, on resignation, in pursuance of an advertisement issued by the respondents calling applicants for the post of TGT (S.St.), applied for the same. On being selected, applicant was offered appointment with the terms and conditions contained in the Memorandum dated 28.8.2003, which, inter alia, incorporates appointment of temporary post on a probation for a period of two years, which is extendable and the confirmation would be dependent on availability of permanent vacancies. A stipulation in the order confers a right to the respondents to terminate the services by giving one month's notice on either side or in lieu of a sum equivalent to the pay and allowances for the period of notice. The other conditions a...
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