Court : Delhi
..... of law was in the context of an assertion by a shareholder in a tea company (whose income was treated as agricultural to the extent of 60% and, therefore, exempt) that a proportionate portion of the dividend received by her was ..... hence, the initiation of the re-assessment proceedings is vitiated and illegal. reliance is placed on commissioner of income tax v. greenworld corporation:314. itr81sc) and commissioner of income tax v. s. goyanka lime & chemicals ltd. 56 taxmann.com 390 (mp).30 ..... meeting of the company; (iii) reserves, by whatever name called, other than those set apart towards depreciation; (iv) credit balance of the profit and loss account; (v) any amount representing provision for taxation, other than amount paid as advance tax ..... previously be the assessee during the course of the regular assessment, while considering the validity of a reassessment notice; it stated as follows: from a combined review of the judgments of this court, it follows that an income-tax officer acquires .....
Tag this Judgment!Court : Delhi
..... the mask of a charity. a number of honourable members have written to me expressing their concern on the possible impact of the proposal on agricultural produce market committees (apmc) or state agricultural marketing boards (samb). since there is no intention to tax such committees or boards, and in order to remove any doubts, i propose to ..... 1880) 5 qbd170 42 lt128(referred to in shah bhojraj kuverji oil mills and ginning factory v. subhash chandra yograj singh: air1961sc1596and calcutta tramways co. ltd. v. corporation of calcutta: air1965sc1728, when one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section would ..... to the point of perverting the purposes of the statute . 31. in arun kumar (supra), the supreme court, while referring to its earlier decision delhi transport corporation v. d.t.c. mazdoor congress and ors.:1991. supp (1) scc600 observed that in that case the supreme court held that the provision in question was .....
Tag this Judgment!Court : Delhi
..... be correct in its entirety, would lead to the conclusion that the respondents herein were personally liable for any offence. the bank is a body corporate. vicarious liability of the managing director and director would arise provided any provision exists in that behalf in the statute. statutes indisputably must contain provision ..... , during the pendency of investigation various investors filed complaints against the accused company and its directors.8. it was further revealed during investigation that the corporate office of the accused company situated at 8, shaheed bhagat singh marg, first floor, gole market, new delhi was purchased by the accused company ..... only. (c) the payments which have been made to the vendor by the vendee have been reflected and corresponding debit / credit entries have been checked. after examination, chartered accountant (ca) stated that these transactions are sham transactions. (d) statement of co-accused ms. madhu singh, who subsequently claimed that the property .....
Tag this Judgment!Court : Delhi
..... capitalization of healthcare business in subsidiary the book value of assets of healthcare will increase. the placement of the healthcare business in a subsidiary is only a legal corporate mechanism to enable focused management and investment limited only to the specific business division and is not either on facts or in law, a sale or a ..... high court of delhi at new delhi judgment reserved on :21. t may, 2013 judgment pronounced on:31. t may, 2013 % + arb. a. no.9/2013 morgan securities & credits pvt. ltd. ..... appellant through mr.harish malhotra, sr. adv. with mr.simran mehta, ms.yogita sunaria and mr.tarun, advs. versus b p l ltd. through ..... respondent mr. ..... managing director; pay any remuneration to any of its managing directors, whole time directors or pay any divided on any shares.15. by concluding his submissions, he stated that in view of total failure on the part of respondent to secure the amount of appellant and slippery conduct of the respondent, the impugned order is liable .....
Tag this Judgment!Court : Delhi
..... we are in no doubt that such a work could well be undertaken by an agency which is not required to be even an instrumentality of the state. (emphasis supplied).19. furthermore, in agricultural produce market committee v. shri ashok harikuni & anr. etc., (2000) 8 scc 61.supreme court laid down 32. so, sovereign function in ..... are not productive of goods and services if isolated, even then, the predominant nature of the services and the integrated nature of the departments as explained in the corporation of nagpur, will be true test. the whole undertaking will be 'industry' although those who are not 'workmen' by definition may not benefit by the status. ..... public utility service such as railways, telephones and the supply of power, light or water to the public may be carried on by private companies or business corporations. even conservancy or sanitation may be so carried on, though after the introduction of local self-government this work has in almost every country been assigned as .....
Tag this Judgment!Court : Delhi
..... court held that both qualitative and quantitative tests should be satisfied in view of specific language of section 115(4)(a) of delhi municipal corporation act 1957. nevertheless it negated and rejected the argument that data for one year should be taken into consideration. it was observed that ..... founded and promoted by department of commerce, ministry of commerce and industry, government of india, indian institute of packaging, federation of indian export organizations, agricultural and processing food products export development authority, federation of indian chamber of commerce and industry (ficci), associated chambers of commerce and industry of india ( ..... commerce. money received, of course is used and utilized for the charitable activities. four reasons are elucidated and propound in the impugned order to state that the petitioner is engaged in business, trade or commerce and aforesaid encapsulated in the impugned order. petitioner has acquired intellectual property rights, receives .....
Tag this Judgment!Court : Delhi
..... scc684jaipur development authority v. ramsahai & anr.; b) (2006) 5 scc127nagar mahapalika v. state of u.p.; c) air2006sc2427aryana state electronics development corporation v. mammi; d) (2008) 9 scc468talwara coop. credit service society v. sushil kumar; e) (2009) 15 scc327jagbir singh v. haryana state agriculture marketing board and f) (2008) 4 scc261ghaziabad development authority v. ashok kumar.9. mr ..... 25h thereof he may not have to establish the said fact. 15. in the decision reported as (2010) 5 scc192harjinder singh v. punjab state warehousing corporation, it was held that for attracting the applicability of section 25g of the act, the workman is not required to prove that he had ..... calendar month. according to her, after the judgment of the supreme court in secretary, state of karnataka vs. uma devi & ors. (2006) 4 scc1 the policy of regularization has been frozen. in other words, the corporation is no longer regularizing the daily wagers who have been engaged after the judgment. .....
Tag this Judgment!Court : Delhi
..... to cause an illegal loss to the pnb and an illegal gain to themselves is that the account was introduced by a-2 as proprietor of m/s. synchem corporation, which was already an account holder in that pnb branch. immediately after opening of the account a-2 and a-3 presented the b/e dated 18th may 1991 ..... fact that the signature of m.s. rao on the bill raised on kamla traders was a forged one stood proved beyond reasonable doubt. this formed the basis of crediting the account of a-5 with the discounted bill amount which was then utilized for purchasing flat no.156, som dutt chambers, bhikaji cama place in the names of ..... the court has invariably not compounded the offence but considered it to be a factor for taking more lenient view as regards sentence. in rajendra harakchand bhandari v. state of maharashtra the supreme court adopted this approach and confined the sentence to the period already undergone while maintaining the amount of fine. likewise in central bureau of investigation .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... for amalgamation of the two (2) industries which are now styled as respondent no.2a and 2b. it is stated that under the scheme, jubilant industries will focus on production activities of agriculture, i.m.f.l. and performance polymer business whereas jubilant life sciences industry will focus on production of pharmaceutical and ..... unlined lagoons used by erstwhile company i.e. m/s. polychem have been demolished and only lined lagoons have been used which are constructed as per corporate responsibility of environment protection (crep) norms prescribed by the central pollution control board (cpcb). it is further contended that the effluent discharged from the acetic ..... . it is contended that whatever discharge directly was reaching to the river water, well-water etc. has been stopped by adopting zero discharge as per corporate responsibility as per the environment protection (crep) guidelines. the distillery unit is being run with due precaution so as to ensure that zero discharge is achieved .....
Tag this Judgment!Court : Delhi
..... the amount due and payable by the appellant to the respondent. the letter dated 22.09.2014, reads as under: national agricultural cooperative marketing federation of india ltd.(nafed), hyderabad-500004 5-10-193, haca bhawan, 2nd floor, opp. public gardens, ..... law. perversity or irrationality of decisions is tested on touchstone of wednesbury principle [associated provincial picture houses ltd. v. wednesbury corporation manu/ukwa/0001/1947:(1948) 1 kb223: manu/ukwa/ 0001/19 (1947) 2 all er680(ca)]. of reasonableness. decisions ..... margin to the banks. the hypothecation loan needs to be re-paid/nullified by sls. the interest on cash credit loan will be reimbursed by nafed. once the bales of requisite quality are given in the possession of nafed, the ..... this is for your kind information and necessary enclosed herewith and adjustment at your end please. thanking you, encl: as stated. yours faithfully branch manager sd/- 24. mr. munjal, learned senior counsel has also handed over in court a copy of .....
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