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Capital gains

computed and charged under s. 12B or any other provisions of the Act, Commissioner of Income-Tax (Central), Delhi v. Harprasad & Co. (P.) Ltd., (1975) 3 SCR 696: AIR 1975 SC 1282: (1975) 3 SCC 868. The … transfer is not subject to income tax under the head 'Capital gains', CIT, Bangalore v. B.C. Srinivasa Setty (1981) 2 SCR 938: (1981) 2 SCC … Capital gains, capital gains would be covered by the definition of 'income' in sub-s. (6C) of s. 2, only if they were chargeable under s.

Entertainment

of 'entertainment' includes hospitality, the ordinary meaning of 'entertainment' cannot include hospitality, CIT v. Patel Bros. & Co. Ltd., (1995) 4 SCC 485: AIR 1995 … c. 45, s. 4(1) included a tombola drive alone without accompanying festivities. The monologue or patter of a comedian, even if delivered at an entertainment provided by an institution whose activities are parly educational, was held to … Entertainment, In Stroud's Judicial Dictionary (4th Edn., Vol. 2, p. 916) the word 'entertainment' has been defined thus: Entertainment ..... for a public or special occasion

Requisition

a debt be paid or an obligation fulfilled, Bell's Scots Law Dict.; and (by Government) France, Fenwick & Co. Ltd. v. Rex, (1926) 43 TLR 18. An authoritative, formal demand; a governmental seizure of property, Black's Law … a temporary nature and though it may extend over some years, it has not the element of permanence, Commissioner of Income Tax v. Manna Ramji & Co., AIR 1973 SC 515 (518): (1973) 3 SCC 43: (1973)

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Share

up of diverse rights contained in the contract evidenced by the articles of association of the Company, I.T. Commissioner v. Standard Vacuum Oil Co. Ltd., AIR 1966 SC 1393 (1397). [Business Profits Act, 1947, Schedule II, R. … of money; it represents an interest measured by a sum of money and made up of diverse rights contained in the contract evidenced by the articles of association of the Company, I.T. Commissioner v. Standard Vacuum Oil

Blank transfer

to the company to register his name in place of the previous holder of the share, Howrah Trading Co v. CIT, AIR 1959 SC 775 (778). [Income-tax Act (11 of 1922) s. 18(5)] --A deed executed with the name

Total income

of the Income Tax Act, 1961 as meaning the total amount of income referred to in s. 5 computed in the manner laid down in this Act, Cambay Electric Supply Industrial Co. Ltd. v. Commissioner of Income … s. 5 computed in the manner laid down in this Act, Cambay Electric Supply Industrial Co. Ltd. v. Commissioner of Income Tax, AIR 1978 SC 1099: (1978) 2 SCC 644: (1978) 3 SCR 660.

Employee

the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55. A person … Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the

False return

to condemn the return as a 'false' return inviting imposition of penalty, Cement Marketing Co. of India Ltd. v. Assistant Commissioner of Sales Tax, AIR 1980 SC 346: (1980) 1 SCC 71: (1980) 1 SCR 1098. [ … inviting imposition of penalty, Cement Marketing Co. of India Ltd. v. Assistant Commissioner of Sales Tax, AIR 1980 SC 346: (1980) 1 SCC 71: (1980) … is actionable; for form of claim, see Bullen and Leake, Prec. Of Pl. A process server's or other court officials recorded misrepresentation that process was served, that some other action was taken, or that something is true,

Revenue expenditure

it with a view to produce the profits it is a revenue expenditure, Assam Bengal Cement Co. Ltd. v. CIT, AIR 1955 SC 89 (96). [Income Tax Act, 1922, s. 10(2) (xv)]

Premium and rent

it helps the Court, having regard to the other circumstances, to ascertain the intention of the parties, CIT v. Panbori Tea Co. Ltd., AIR 1965 SC 1871 (1873): (1965) 3 SCR 811. [T.P. Act, 1882, s. 105] … is parted with for a price paid is premium or salami. But the periodical payments made for the continuous enjoyment of the benefits under the lease are in the nature of rent. The former is a capital

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