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LexLords NRI Legal Services In Punjab By NRI Legal Services LexLords

KelleeBroomfield7 2018.10.13 02:28 조회 수 : 4

nri legal servicesNRI legal services - http://lexlords.ca. 1986, as amended from time to time. Under the circumstances it could not be said that there was a power in the nature of a trust which could be exercised by the court if the donee of the power for some reason or other did not exercise the same. Since the respondent (State) disputed the appellant's claim on various factual grounds and hence the issue centered around to the questions as to whether the appellant did NRI Legal Services this work and, if so, how and in what manner and to what extent and lastly, what should be the rate at which the NRI Legal Services appellant should be paid, if it is held that the appellant has done the work.

Merely by the fact that the vehicle was used by Prakasan for distribution of the cooking gas cannot be a circumstance so as to fasten the guilt upon the appellant. All these appeals come from the State of Karnataka and can be divided into two groups " one group relatable to the provisions of the Karnataka Sales Tax Act, 1957 and post 1. CIT [1962] 44 ITR 362 (SC) which has summed up as under:- As has been already pointed out in connection with the other two cases where there is a letting out of premises and collection of rents the assessment on property basis may be correct but not so, where the letting or sub-letting is part of a trading operation.

It was not in possession of the appellant and was recovered from the gas agency where it was supposed to be. goods declared to be of special importance under Section 14 of the Central Sales Tax Act, 1956. Use of the vehicle in the offence in question has not been proved and its recovery which is not from the possession of the appellant, the same cannot be used as a circumstance to fasten the guilt upon the appellant The vehicle has been recovered from its owner with no blood stains.

It was a well known fact that vehicle was used by Prakasam for distribution of cooking gas. 202 those objects equally if the power be not exercised. nThough the prosecution has alleged that Bajaj M-80 vehicle was used to carry the body of the deceased by Prakasam and the appellant and they were seen by two witnesses while going towards canal. As already stated there is no clear indication in the deed of trust that the bank intended the power to be regarded in the nature of a trust, inasmuch as there was no obligation imposed on the bank or its officers duly authorised in that behalf to grant any pension to any applicant.

Thus the prosecution has failed to establish that the vehicle in question was used for carrying the body of the deceased and it was so carried as alleged. (ii) that the burden to prove that the transaction was in the nature of inter-State sale, shall be on the dealer; and (iii) that the dealer making inter-State sales under this notification shall not be eligible to claim benefit provided for by the notification No. 38) We, on perusal of the award, find that the main claim of the appellant (claimant) against the State was "claim No.

But the said witnesses had not been examined in the court by the prosecution for the reasons known to it. This group of appeals concerns the rate of taxability of declared goods " i. The dividing line is difficult to find; but in the case of a company with its professed objects and the manner of its activities and the nature of its dealings with its property, it is possible to say on which side the operations fall and to what head the income is to be assigned According to the learned counsel appearing for the assessee, the afore-stated judgment in the case of Chennai Properties (supra) has referred to all the judgments on the subject and more particularly, the judgment in the case of Karanpura Development Co.

which are all parts of the ultimate immovable structure that is the building or other structure to be constructed The question that has to be answered in these appeals is whether iron and steel reinforcements of cement concrete that are used in buildings lose their character as iron and steel at the point of taxability, that is, at the point of accretion in a works contract. But for the principle to operate there must be a clear indication that the settlor intended the power to be regarded in the nature of a trust.

" This position however does not avail the appellant. 12" which was in relation to the work done by the appellant of breaking of large pieces of hard rock from 9. The facts in these appeals are more or less similar. It will be appropriate at this stage to consider whether any beneficiary claiming to be entitled to a pension under the terms of the deed could approach the court for the enforcement of any provision purporting to have been made for his benefit Even though he may be qualified under clause 8 to apply for the grant of a pension he could not certainly enforce that provision because there was no obligation imposed at all on the bank or its officers duly authorised in that behalf to grant any pension to him and in the absence of any such obligation imposed upon anybody it would be futile to urge that a valid trust was created in the manner contended on behalf of the appellant.

<A HREF='https://lexlords.com/company-incorporation-and-llp/'>NRI Legal Services</A> nri legal services2005, appeals that are relatable to the Karnataka Value Added Tax Act, 2003. Iron and Steel products are used in the execution of works contracts for reinforcement of cement, the iron and steel products becoming part of pillars, beams, roofs, etc. There was no duty to grant any pension at all and the pension, if granted, could be withdrawn, modified or determined by the bank or its officers duly authorised in that behalf as therein mentioned.
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