Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2007)108ITD432(Ahd.)
..... shares in respect of which it is a member, would not, thereby obviate, or cause to nullify or render nugatory, the effect of section 536(2) of the companies act, which shall have effect, as also confirmed by the ol, with all its incidental effects and consequences. the assessee has pressed an argument that it has, instead of ..... the surplus arising out of liquidation proceedings, as also contended by the assessee, so that the same having been declared as void under section 536(2) of the companies act, 1956, there was no question of any capital gain or loss arising out of the transaction(s) of said transfer.aggrieved, the assessee preferred an appeal before the ..... to secure the financial assistance by idbi to rmil, and to which transaction the asses see-company was/is a guarantor/surety; (d) section 536(2) of the companies act, 1956 proclaims any transfer of shares in a company, or alteration in the status of its members, after the commencement of its winding-up, as void, unless ordered .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2006)102TTJ(Delhi)936
..... state financial institutions besides banks and public financial institutions. the definition of the word 'interest' was also modified.10. in the scheme of the act, section 5 of the act defines the scope of chargeable interest to mean the total amount of interest of a credit institution other than interest on loans and advances to other ..... as well. the learned departmental representative further seeks to draw attention of the bench to the expression used in sub-section (7) of section 2 of the act is 'loans and advances'. the assessee's counsel however, has sought to rely upon the judgments of various courts which have considered the definitions of 'loan' and ..... , contended that in that view of the matter interest earned on deposits and securities bonds would fall outside the scope and ambit of chargeable interest under this act.7. shri dwivedi also states that if the tribunal is of the view that two interpretations are possible, then also the possible interpretation which reads favourable to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)113ITD655(Delhi)
..... the panchnamas, the signatures of the panchas and the assessees therein, the orders of restraint, their revocation, etc., all of which show that the official acts were regularly performed by the departmental authorities. in the light of this material, the averments in the affidavit cannot be relied upon and it cannot be said ..... for the assessee that the affidavit filed by the assessees remained uncontroverted. besides the affidavit, which is insufficient to displace the presumption flowing from the acts regularly performed by the authorised officers conducting the search, there is no other evidence to show that the search was actually completed on 12th march, 1999 ..... drawer and seized the files. therefore, the order passed under section 158bc on 30th april, 2001 was barred by limitation provided in section 158be of the act and hence requires to be annulled. further, in continuation to his arguments, the learned authorised representative submitted that the affidavit of the assessee dt. 24th .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)2PLR668
..... members, who are advocates, chartered accountants and businessmen, for construction of their houses. after notification under section 4(1) and report under section 5a of the act, an agreement was entered into by the society under section 41 whereby the society was treated as a company. however, the proceedings under para 7 dealing with ..... commercial complexes in the respondent state of haryana. the policy is stated to have been framed under section 3 of the haryana development and regulation of urban area act, 1975. the petitioners have also claimed that the respondent state has been releasing land in similar circumstances. in that regard, reliance has been placed on the ..... up residential and commercial colonies.4. in para 6, vague averments have been made that the respondents have failed to publish notification under section 4 of the act in two daily newspapers and as a result thereof the petitioners could not file objections. similar vague averments have been made in paras 10 and 11. in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR166
..... of land for residential, commercial and institutional purposes, beside providing open space area in sectors 26-a, 27, 28, 42 and 43 at gurgaon, under the haryana urban development authority act, 1977, by the huda, in the area of village kanhai, rb. no. 73, village wazirabad, h.b. no. 75, village chakerpur, h.b. no. 74, village ..... colony, namely, sushant lok. it has further been claimed that from 22.08.1985 to 12.02.2007, 23 additional sets of licences under the provisions of 1975 act have been granted to the petitioner in respect of development of various pocket abutting sushant lok. the petitioner use to own land measuring 3.875 acres, comprised in ..... to the respondents to release 3.875 acres of land of the petitioner from acquisition in pursuance to declaration under sections 4 and 6 of the land acquisition act, 1894 (for brevity, 'the act'), issued on 08.09.1997 (p-3) and 07.09.1998 (p-5) respectively. another alternative prayer made is for quashing of the aforementioned notifications .....
Tag this Judgment!Court : Delhi
Reported in : (1999)65TTJ(Del)1
..... both the offices maintained separate books of account and also maintained separate bank accounts. each office was headed by a general manager. the general managers acting as disbursing officers paid salaries to its employees as per the terms of their appointment in india. both obtained tax deduction account number separately and they ..... plants, construction of infrastructural facilities incidental to trading activities. the company was granted permission by the reserve bank of india under the foreign exchange regulation act to set up a liaison office allowing to undertake only liaison work and not any activity of trading, commercial or industrial nature without a separate ..... issue. however, the fact of the matter is that the tax deductor defaulted in complying with the provisions of section 192 of the income tax act. the deliberate intention of defrauding revenue and the guilty intention of the tax deductor is established beyond reasonable doubt by its initial denials and subsequent conduct .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN395
..... contracted another marriage and mst. kalawati is not treating the children loving and effectionately, the application filed by taru ram, under section 25 of the guardians and wards act, 1890, should have been dismissed and no order should have been passed that the minors should be made over to taru ram. learned counsel for the opposite side ..... the impugned order of the court below.5. it is an admitted position that mst. kamla has already been married. under section 6 of the hindu minority and guardianship act, 1956, her husband became the lawful guardian of his minor wife. there remains, therefore, no question of the delivery of the custody of mst. kamala to the ..... in bairam mandal v. rajani mandal in : air1964pat505 . in that case, it was pointed out that in appointing a guardian for a minor under the guardians and wards act, 1890, interest and welfare of the minor is the first and main consideration and in such consideration the court should have regard 1o the age, sex and religion. if .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN415
..... think that before i part, i may indicate a few broad guidelines which the claims tribunals may follow while disposing of claim applications arising under the motor vehicles act, 1939, to scotch complaints of misapplication of compensation money.(i) the claims tribunal should, in the case of minors, invariably order the amount of compensation awarded to ..... acj 267.78. mr. sharma has not pointed out any judgment of the hon'ble supreme court on account of which consortium cannot be allowed under fatal accidents act although a contrary view has been taken by the punjab & haryana high court, himachal pradesh high court. i am inclined to allow consortium of rs. 5,000 ..... service where there is benefit of guaranteed tenure and gratuity etc. there is a recent trend which has become manifest by the amendments brought forth in the gratuity act, that the law is taking care of private employees also. the private employees are being provided with provident fund in matters of age of retirement and gratuity .....
Tag this Judgment!Court : Chennai
Reported in : 2003(3)ARBLR225(Madras); (2003)3MLJ48
..... was a foreign concern and that the arbitration proceedings against them could be only by means of international commercial arbitration in terms of sec. 2(1)(f) of the act. however, it cannot be ignored that there was in fact no arbitration agreement between the first respondent and the appellant and it was only between the first respondent ..... the ownership of the vessels being that of the foreign company was an accepted position. learned counsel, therefore, reverts back to sec. 2(1)(f) of the act and suggests on the basis of the language thereof that it is an arbitration relating to disputes arising out of legal relationship where one of the parties is a foreign ..... that m/s. d.b. madan and company (second respondent herein) and m/s. madan shipping (private) limited were the sister concerns with the common directors and both acted for each other in the matters herein. the tribunal, however, refused to implead the appellant as the party taking the view that it could not enhance the scope of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal150,89CWN904
..... relationship amount to mental cruelty and it will be a valid ground for passing a decree of divorce under the provisions of section 13(ia) of the hindu marriage act. we have already held hereinbefore on a consideration of the evidence on record that the respondent wife, since after her marriage with the appellant, became suspicious about ..... environments, standard of culture and status in life of the parties must be taken together to form a composite picture from which alone it can be ascertained whether the acts of one spouse on another should, judged in relation to all the surrounding circumstances, be found to amount to cruelty.' 6. it has also been observed there that ..... 1977 last with an intention to break the matrimonial tie permanently. hence this application has been filed for a decree for divorce under section 13 of the hindu marriage act. 3. a written statement has been filed by the respondent wife stating, inter alia, that it was false to say that she was very whimsical and tried to .....
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