LexLords Indian Non Resident By NRI Legal Services LexLords

NRI legal services - https://lexlords.com/nri-legal-services/; "The phrase has a broader meaning. 3 and 4 of the Indian Income-tax Act read in the light of the definition in proviso (b) to the amended s. Another significant feature which has to be kept in mind is that between August 01, 2005 and October 12, 2006, applications of many employees had been accepted and many out of them had even been offered their terminal dues. First group was the one which exercised its option between July 01, 2005 to August 01, 2005. 4 in connection with the conditions which are to determine liability to tax, sub-el.

A three Judge bench of this Court in the case of Anthony v. In fact, instead of promulgating the VRS Scheme all over again, easy way was found by making amendment in a particular clause stating that application presented after October 28, 2006 shall not be considered. It is only on October 12, 2006, another opportunity was given to the rest of the employees to submit their applications and the period during which such an application for voluntary retirement could be submitted was from October 12, 2006 to October 28, 2006.

Tracing the history of works contract, the learned senior counsel submitted that in the case of The State of Madras v. Therefore, transfer of property in goods was the necessary concomitant in ascertaining the sale and, thus, in the process calculating the turnover/total turnover. At the same time, the main reason was to attract more such employees to opt for VRS as the Corporation had decided to close down its operations and wanted its employees to take an honorable exit with 'golden handshake'.

Therefore, there is an acquity and sharpness in the submissions of the Corporation that it cannot be treated as extension of the earlier Scheme. (3) Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal of any Court in any other provision of this Act or the rules made thereunder or any other law for the time being in force, no refund shall be made except as provided in sub-section (2). Venkatraman, learned senior counsel appearing for the appellant/assessee, made a fervent plea for not including such payments made to the sub-contractor, as component of total turnover, because of the reason that the sales tax is payable on the transfer of property and the 'turnover' also meant aggregate amount for which goods are bought or sold, etc.

wherever that expression is used in the various provisions of the Indian Income-tax Act, and as the expression is used in the charging s. The question for determination is: for calculating the turnover for the purpose of payment of turnover tax under Section 6-B of the Karnataka Act, whether payments made to sub-contractor are to be included while calculating the total turnover? Thus, we find that there are two distinct groups of employees who had submitted their applications for VRS.

Gannon Dunkerley and includes any amount paid as advance to the dealer as a part of such consideration. enumerates the' right of protection; This small window was opened for a period of 17 days for those employees who had not submitted their applications and they were afforded another chance. Second set of employees are those who submitted their options when another chance was given to them, i. It is also a well settled position of law that in the absence of a registered instrument, the courts are not precluded from determining the factum of tenancy from the other evidence on record as well as the conduct of the parties.

It was submitted that there was no sale of goods involved in the execution of a works contract as in such contracts the property does not pass as movables. 2 of the I inance Act, 1950, authorise the imposition of Indian income-tax and super tax on the income derived by the respondent in the year 1949-50 in the territory of Rajasthan. from October 12, 2006 to October 28, 2006. It includes those fundamental privileges-and immunities which belong essentially to the citizens of every free government, among which Washington J.

(b) of the definition must, when read with s. 2 (14-A) does is to define what the ex- pression "taxable territories" means in certain cases and for certain purposes. In view thereof, insofar as first set of employees are concerned, they could withdraw their option, before it was accepted, by August 01, 2005 and not thereafter. The contention is based on two grounds: namely, firstly, on general constitutional principles the Union Parliament had no power to make a law, having retrospective operation with reference to the pre-Constitution period; and secondly, the Union Parliament is prohibited by article 277 of the Constitution by necessary implication from making a law grafting on the Mysore income-tax law the machinery for assessment and collection provided under the Indian Income- tax Act, 1922, for purposes of assessment thereunder.

It is contended that the proviso is ultra vires and void as the Union Parliament had no power to make a law authorising any officer or authority or Tribunal or Court appointed or constituted under the Indian Inconm-tax Act, 1922, to levy, assess and collect incometax and super-tax payable under the Mysore law prior to the commencement of the Constitution of India. 4 of the Indian Income-tax Act, have reference to chargeabiiity of income and not merely to its computation, and therefore ss.