Court : Income Tax Appellate Tribunal ITAT Mumbai
..... on a plain reading of the above, we hold that all the three items are covered by the definition of entertainment including that expended on tea, coffee, cold-drinks to auditors, they being not employees of the company. no interference in the order of the cit(a) is, therefore, called for.39. ground no. 9 is with regard to disallowance of ..... have been brought to india unless the fee was paid to the gft for processing the application, the expenditure would be on revenue account. it is not for acquisition of any asset or for obtaining an enduring benefit of capital nature. the departmental authorities, in our opinion are not justified in holding that the expenditure was for ..... acquisition of a fixed assets in view of the fact that the assessee was not acquiring the aircraft but was importing it on lease for 5 years only. in these .....
Tag this Judgment!Court : Delhi
Reported in : [2000]102CompCas203(Delhi); 74(1998)DLT715; ILR1999Delhi41
..... . this, however, is not to suggest that the government of india had disapproved the 'basic agreement'. it is important to note that for the acquisition of the equity by the first plaintiff approval of the government of india was required for this could involve in flow of foreign exchange. since the ..... second defendant by mistaking them to be manufactured by the plaintiffs. he emphasised that the purchasers have sophisticated knowledge of the oil field equipment and the companies manufacturing the same, and in such circumstances the action for passing off is not maintainable. the learned counsel for the defendants contended that in ascertaining ..... agreement whereby baker international limited-baker oil tools (uk) division assumes complete responsibility for financial equity participation and technology transfer to the joint venture indian company baker oil tools india private limited. we will be grateful if you will kindly accord your approval for having this agreement taken on record as soon .....
Tag this Judgment!Court : Company Law Board CLB
Reported in : (2000)102CompCas466
..... implement this plan, even though proposals were initiated for issue of gdr and public/rights issues, nothing came out and instead, other profitable businesses of the company were sold.tezpore tea company limited was reportedly sold for a sum of rs. 23 crores while the actual price was much higher and the difference had been siphoned off. in ..... legal and bona fide. no money was paid to his father out of the purchase consideration. therefore, according to the deponent the allegations relating to acquisition of shares in these six companies do not merit any consideration. (b) purchase of software from dunlop india limited : referring to para. 24 of the first petition, shri sarkar ..... waiver of interest after this period. even the decision to waive part of the interest was taken for the reason that these loans have been given for acquisition of new businesses which could be expected to generate appreciable returns only after a gestation period of 2-3 years. shri diwan also pointed out that some .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR1715; 1999(5)KarLJ193
..... , the body held to be state was a statutory corporation, and in the case of som prakash, supra, the company held to be state was formed after statutory acquisition of a private company, the body held to be state was only a society registered under the societies registration act. it was held to ..... of the powers conferred by sub-section (1) of section 7 of the burmah shell (acquisition of undertakings in india) act, 1976 (2 of 1976), the central government, being satisfied that burmah shell refineries limited, a government company is willing to comply with such terms and conditions as may be imposed by the central government ..... telephone industries limited which is another public sector undertaking engaged in the manufacture of defence and telecommunication equipment, is similar.33. these two organisations are government companies subject to pervasive control of the central government. therefore, these organisations are 'other authorities' under article 12 of the constitution of india. in fact, .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC364; (2000)ILLJ340Mad
..... of 1988, the petitioner, namely, somasundaram corporation (private limited), owners of somasundaram super spinning mills are challenging the constitutional validity of the somasundaram super spinning mills (acquisition and transfer) act (the tamil nadu act 81 of 1986) as invalid and ultra vires of the constitution of india.3. east ramnad district national textile workers union ..... (central act 65 of 1981) by notification dated 4.11.1977 and extended from time to time upto 30.9.1986. the 2nd respondent is a company owned by first respondent. they were designated and authorised to look after the affairs of the mills. the management of the mills vested with the central government ..... legislative competence of kerala state legislature to enact the legislation. it was urged . that in view of the declaration made in section 2 of the tea act, 1853. tea was a controlled industry and, therefore, the state legislature was denuded of any power to deal with the industry. it was further contended that the .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... v. godrej and boyce : [1988]1scr590 , the state government had issued an order under section 48 of the land acquisition act withdrawing the lands of a company from acquisition. the supreme court held that under the scheme of the act the original owner of, or other person interested in the land ..... e.g., for schools, playgrounds, markets, hospitals, parks, roads and highways. the development plan proposals are executed by a local authority either by compulsory land acquisition or by preparing and executing town planning schemes for different parts of the town, so that when all the proposals are carried out, there would emerge 'a ..... as the options are closed by the judicial pronouncements.(c) such publication for inviting objections and suggestions would mean traversing on the judicial pronouncements setting aside the acquisitions and would amount to a colourable exercise of power'.finally, the following requests were made in the application :'(a) that the development permission sought by .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... the term 'robbery withfirearms', has been interpreted to mean robbery through firearms, thereby requiring the presence of firearms. similarly, in his view, the acquisitions made through other companies were the acquisitions of the principal acquirer. he submitted that the three sebi notices not having been challenged specifically, it was not permissible for the defendants to challenge ..... not give any such confirmation. on the other hand, on may 8, 1998, the sebi wrote to m. d. chhabria asking for full details of acquisition by three companies, including terms and conditions of loan, rate of interest, time for which loan was given, securities, pro-note collateral furnished against this loan and other details ..... referred to the observations from mulla's contract act, 11th edition on section 23 to similar effect. he then relied upon the judgment of the supreme court in luxmi tea co. ltd. v. pradip kumar sarkar [1989] suppl. 2 scc 656 ; [1990] 67 comp cas 518, wherein in para. 15 in the context .....
Tag this Judgment!Court : Guwahati
..... show that the matter establishment of tribunal is not covered by these two entries. entry 43 is with regard to incorporation, regulation and winding up trading companies, etc. does the establishment of tribunal come within the purview regulation. the word 'regulation' received judicial interpretation in a number of cases (see municipal ..... are undertaken by banks. similarly, the financial institutions referred to in the impugned act are those institutions which are mentioned in section 4a of the companies act, 1956, and these institutions take part in a variety of activities. the tribunals established to recover dues on behalf of these institutions discriminate ..... central government under sub-section (2) as public financial institutions-in exercise of the powers conferred by sub-section (2) of section 4a of the companies act, 1956 (1 of 1956), the central government hereby specifies the following institutions to be public financial institutions, namely- (1) the industrial reconstruction bank .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)73ITD49(All.)
..... to which such legislature has power to make laws. (2) the matters referred to in clause (1) are the following, namely :- (d) land reforms by way of acquisition by the state of any estate, as defined in article 31a or of any rights therein or the extinguishment of modification of any such rights or by way of ceiling ..... being effected through the allied business of madan mohan damma mal who were the sole selling agents of the petitioner firm which was not accounted for in the company's books of account ... that the petitioner was maintaining duplicate sets of accounts which were different from the books which were being produced before the income-tax department ..... & managing director of m/s. microland and also microland ltd., were mentioned. the learned counsel for the assessee has verbally stated that the name of the assessee-company was interplated at a later point of time. from a thorough examination of the photocopy of the search warrant, we also feel that there is some scope for suspecting .....
Tag this Judgment!Court : Mumbai
Reported in : [2001]76ITD121(Mum)
..... and produce documentary evidence as required by the department. i have to offer for taxation. it is to be noted that my statement is binding for s.m. khandhar & company, proprietorship concerns to some extent suman motels ltd., in the capacity of director and partnership concern (to some extent) where i am partner. my statement is not binding ..... dye chem pvt. ltd. he had a cabin there and he was incharge of its administrative and financial matters and he was also offering explanations on behalf of that company before the assessing officer. in the circumstances, we are of the view that the statement recorded from the assessee has to be regarded as one legitimately taken under ..... which comprises of credits appearing in the bank accounts of all the concerns whose names appear in the 'a-3 list', a document seized from the premises of company belonging to the appellant's group. the assessing officer has made this addition of rs. 5,70,000 inspite of having recognised the fact that names of both .....
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