Court : Chennai
Reported in : 1998(1)CTC314; (1998)IMLJ184
..... conferment on a new title is not necessary'.this court had to consider the meaning of the word 'disposition' occurring in sec.2 (xxiv) of the gift tax act, that section defined the expression 'transfer of property' thus:-'2. (xxiv) 'transfer of property' means any disposition, conveyance, assignment, settlement, delivery, payment or ..... and the mischief it seeks to suppress. viewed in that tight, the provisions of the sections should be so construed as to limit their application to acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence...' (italics supplied)23. if two alternative constructions are ..... separate schedule of properties were given regarding allotment to appasami naidu and all ms daughters. proceedings were initiated against late appasami naidu under the land reforms act. appasami naidu contended that his holding was within the ceiling limits and that he had no property to surrender. this contention was not accepted by .....
Tag this Judgment!Court : Chennai
Reported in : (2009)226CTR(Mad)313; [2009]185TAXMAN438(Mad)
..... . section 38(3) provided for exemption of the penalty on the clearing or forwarding agent, dalal or any other person transporting the goods within the state if it contravenes the provisions of section 38(1) & (2) of the said act at the rate of 20% of the value of goods. while upholding the decision of the high court, the hon' ..... provision came up for interpretation before the delhi high court and a division bench of the delhi high court in the decision reported in (1991) 187 itr 703 (sanghi motors v. union of india) has held that section 43b as it stood then is clear and unambiguous and all that it provides is deduction on account of sales tax would ..... situations in order to apply the said principle to a case falling under section 40(a)(ia) of the act.99. as far as the reliance placed upon the decision reported in : (2009) 5 scc 342 (grand kakatiya sheraton hotel & towers employees & workers union v. srinivasa resorts ltd.) is concerned, the said case has absolutely no comparison to the case .....
Tag this Judgment!Court : Chennai
Reported in : [2000]246ITR638(Mad)
..... that the competent authority has reason to believe that the immovable property having a fair market value exceeding rs. 1 lakh has been transferred under the registration act, 1908, for a lesser consideration than the fair market value. when the competent authority expresses that he has reason to believe, then naturally there should be ..... to the appellate tribunal against the order for the acquisition of any immovable property by the competent authority under section 269f. section 269g of the income-tax act reads as follows :'269g. appeal against order for acquisition--(1) an appeal may be preferred to the appellate tribunal against the order for the acquisition of ..... in respect of that, especially when the property is subject to the land ceiling proceedings.12. the limitation prescribed under section 269g of the income-tax act is an unreasonable restriction on a person whose property is to be acquired under chapter xx-a and thereby the alternative remedy provided under the statute has .....
Tag this Judgment!Court : Chennai
Reported in : [1993]199ITR832(Mad)
..... are concerned, learned counsel placed reliance upon the decisions in trustees of h. e. h. nizam's religious endowment trust : [1981]131itr239(ap) , cit v. g. b. transports : [1985]155itr548(ker) and cit v. carona sahu co. ltd. : [1984]146itr452(bom) . so far as the preliminary objections raised by learned counsel for the revenue are ..... case : [1980]126itr125(mad) and rayon traders pvt. ltd.'s case : [1980]126itr135(mad) did not advert to the provisions contained in section 244 of the act and that, consequently, the division bench judgments relied upon very much for the assessee require reconsideration by a larger bench. 8. i have carefully considered the submissions of ..... on january 29, 1981, inviting his attention to the orders passed by the first appellate authority and the tribunal and claiming interest under section 214 of the act. by an order dated february 13, 1981, the income-tax officer rejected the claim for view that subsequent assessment made in pursuance of any direction given in .....
Tag this Judgment!Court : Chennai
Reported in : (1997)140CTR(Mad)384; [1997]226ITR680(Mad)
..... 269a of the act is defined to mean 'any land or any building or part of a building, and includes, where any land or any building or part of a building is transferred together ..... to any immovable property transferred, being immovable property of the nature referred to in sub-clause (i) of clause (e) has been defined in section 269a(a) of the act as meaning 'the consideration for such transfer as specified in the instrument of transfer'. 14. 'immovable property' referred to in sub-clause (i) of clause (e) of section ..... truly stated in the instrument of transfer with the object of - (a) facilitating the reduction or evasion of the liability of the transferor to pay tax under this act in respect of any income arising from the transfer; or (b) facilitating the concealment of any income or any moneys or other assets which have not been or which .....
Tag this Judgment!Court : Chennai
Reported in : (1982)ILLJ413Mad
..... in c. i. kannan v. e. s. i. corporation, : (1968)illj770mad , where the learned judge held that the petition by a federation on behalf of the workers is not maintainable and each of the persons aggrieved should file a separate petition. a similar view has been expressed by a division bench of this court, consisting of ismail ..... my attention to another judgment of the supreme court in praga tools corporation v. imanual, : (1969)iillj479sc in that case, a company registered under the companies act entered into an agreement with the workmen's union with regard to retrenchment of the workmen and some of the affected workmen filed a writ petition under art. 226 ..... on business of pawn broker and, therefore, the said association as such has been called upon to discharge any obligation or perform any duty imposed by the gold control act. therefore, the said associations cannot invoke the jurisdiction of this court under art. 226 of the constitution of india.' 4. the second judgment is that of kailasam .....
Tag this Judgment!Court : Chennai
Reported in : [2001]247ITR465(Mad)
..... by the tribunal. as noted above, the assessing authority held that the appellant-asses-see made a false statement in respect of income of young india and transport company and that finding has been set aside by the income-tax appellate tribunal. if that is the position then we are unable to see as to how ..... the stand they had taken before the assessing officer. according to learned counsel, in the light of the confirmation obtained by the appellant from the sellers/job workers in respect of the machinery, the additions towards profit under section 41(2) and long-term capital gains should be deleted.i have carefully considered the appellant's ..... the printing machinery at rs. 44,645. the income-tax officer issued a penalty notice for concealment of income under section 271(1)(c) of the income-tax act, 1961. in the penalty proceedings, the petitioners approached the settlement commission, which rejected the petitioners' request for the assessment year 1979-80. hence, the department filed the .....
Tag this Judgment!Court : Chennai
Reported in : (1996)136CTR(Mad)539; [1996]221ITR338(Mad)
..... petitioners filed from no. 37-i and on december 12, 1994, a show-cause notice was issued by the appropriate authority under section 269ud(1a) of the act to the petitioners. the appropriate authority passed an order dated december 26, 1994. thereafter, then petitioners filed an application for rectification on january 19, 1995, ..... no third alternative was permissible. accordingly, the high court allowed the writ petition and directed the appropriate authority to issue no objection certificate under chapter xx-c of the act. 23. the decision in tanvi trading and credits p. ltd.'s case : [1991]188itr623(delhi) was taken to the supreme court (see : [1991]191itr307(sc ..... ltd. : [1991]191itr307(sc) . before us it is contended by learned senior counsel for the central government that the provisions of section 269uc of the act have been amended and sub-section (4) has been specifically introduced to overcome the difficulties experienced by the department having regard to the decisions of the various .....
Tag this Judgment!Court : Chennai
Reported in : (2002)178CTR(Mad)248; [2003]259ITR215(Mad)
..... . two other cases were relied upon by mr. ramanujam, they being cit v. bengal card board industries and printers (p.) ltd. : [1989]176itr193(cal) and cit v. kerala transport co. : [2000]242itr263(ker) wherein again the question of lis has been considered.14. in bengal card board industries's case : [1989]176itr193(cal) , the appeal was preferred ..... officer levied a penalty of rs. 1,799 and rs. 1,902 for these two years, respectively, under section 271(1)(a) of the income-tax act, 1961 (in short 'the act'), as the assessee had failed to file the returns in time. the assessee preferred appeals against these penalties. the appellate assistant commissioner, however, found that the ..... came into effect on october 1, 1975, the old law would govern and section 249(4) of the act could not come in the way of the assessee who had filed the appeal without paying the agreed tax liability.15. in kerala transport co.'s case : [2000]242itr263(ker) , section 249(4) fell for consideration but not in the .....
Tag this Judgment!Court : Chennai
Reported in : [1995]215ITR36(Mad)
..... and other establishments, ports, railway companies and for matters connected therewith or incidental thereto. some states, however, felt the need for such a legislation even earlier and for workers engaged in factories, plantations, shops and other establishments in the states of kerala and west bengal, some legislations on gratuity were adopted and enforced, that is, in ..... in the last case the period of completion of continuous service of five years was/is not necessary [see s. 4 of the payment of gratuity act, 1972]. the act has fixed a ceiling and prescribed how the amount of gratuity would be paid, in the case of a dispute determined and in case the employer ..... on of business and for gratuity to be deductible under the it act, 1961, it must fulfil the conditions laid down in s. 40a(7) of the act. [see peoples engineering & motor works ltd. vs . cit : [1981]130itr174(cal) ]. 7. the provisions of s. 40a of the act will have effect notwithstanding anything to the contrary contained in any .....
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