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Search Results Judgments > Phrase:COMPANIES ACT, 1956 Section 248

May 04 1998

Bakhtawar Construction Co. (P.) Ltd. Vs. Blossom Breweries Ltd. and Or ...

  • Decided on : 04-May-1998

Court : Mumbai

Reported in : [1999]95CompCas28(Bom)

... Company Law Board was that the Company Law Board should direct investigation to be made in terms of the provisions of Section 248 of the Companies Act in relation to respondent No. 1-company. It appears that before filing Company Petition No. 36 of 1997, the appellant had filed Company Petition No. 65 of 1996, under Section 248 read with Section 250 of the Companies Act. However, that petition was dismissed by the Company ... Company Petition No. 36 of 1997 was filed by the appellant under Section 248 read with Section 250 of the Companies Act, and, therefore, in view of the filing of the subsequent petition, the earlier petition filed under Section 247 read with Section 250 of the Companies Act which was Company Petition No. 65 of 1996 was withdrawn. According to the appellant, an investigation under Section 248 in relation to respondent No. 1-company ... Company Law Board has rejected the appeal filed by the appellant because according to the Company Law Board, a direction under Section 248 of the Companies Act can be issued by the Company Law Board only if any other proceedings are pending before the Company Law Board. In the submission of learned counsel, the section has been misread by the Company Law Board. Learned counsel submitted that Section 248 of the Companies Act ...

Apr 02 1954

All India Anglo Indian Association Vs. R.A. Massey

  • Decided on : 02-Apr-1954

Court : Punjab and Haryana

Reported in : AIR1956P& H210

... Companies Act provides a special manner for enquiry into, or trial of, offences under the Indian Companies Act, then those provisions would override the general provisions of the Criminal Procedure Code. The Indian Companies Act does not itself contain any such special procedure. Section 248, Sub-section (2), however, says this:'The Central Government may appoint such Registrars and Assistant Registrars as it thinks necessary for the registration of companies ... Companies Act, then those provisions would override the general provisions of the Criminal Procedure Code. The Indian Companies Act does not itself contain any such special procedure. Section 248, Sub-section (2), however, says this:'The Central Government may appoint such Registrars and Assistant Registrars as it thinks necessary for the registration of companies under this Act ... the accused, and it was that under the Companies Act a complaint of this type by a private individual was not competent, as under the regulations made by the appropriate Government under Section 248, Sub-section (2) Indian Companies Act the Registrar of Joint Stock Companies, or a person duly authorised by him, were ... because it appears that in Bengal no regulation under Section 248, Indian Companies Act, has been framed, in connection with such a matter.In ILR (1940) 1 Cal 575 :- (AIR 1940 Cal 232) (D) the argument rested on the language of Sections 137 and 141, Indian Companies Act, which sections, however, deal with an entirely different matter. ...

Nov 30 2005

Deputy Commissioner Of Income Tax Vs. Finolex Pipes Ltd.

  • Decided on : 30-Nov-2005

Court : Income Tax Appellate Tribunal (ITAT) - Pune

Reported in : (2007)106TTJ(Pune.)741

... company. In respect of remittance pertaining to design engineering fees, it was clarified that the tax was alleged to be borne by the assessee i.e. Finolex Pipes Ltd. The next was the applicability of Section 248 of the Act and in this regard, it was placed on record that the assessee has denied its liability for TDS as prescribed either under Section ... under Section 248 of the IT Act, thirdly, whether there was any liability to deduct tax at source under Section 195 of the Act, and lastly, the applicability of relevant articles of Double Taxation Avoidance Agreement (DTAA) between India and West Germany. In respect of applicability of Section 246, the argument was that the appeal lies under Clause (c) of Sub-section (1) of Section 246. ... Section 246 of the IT Act, secondly, the assessee was entitled to raise the issue as prescribed under Section 248 of the IT Act, thirdly, whether there was any liability to deduct tax at source under Section 195 of the Act, and lastly, the applicability of relevant articles of Double Taxation Avoidance Agreement (DTAA) between India and West Germany. In respect of applicability of Section ... next was the applicability of Section 248 of the Act and in this regard, it was placed on record that the assessee has denied its liability for TDS as prescribed either under Section 195 or under Section 200 and the denial of liability is appealable before the CIT(A), and the first appellate authority is authorized under Section 248 to declare the assessee not ...

Oct 21 1971

Union of India Vs. Harbhajan Singh Dhillon

  • Decided on : 21-Oct-1971

Court : Supreme Court of India

Reported in : AIR1972SC1061; [1972]83ITR582(SC); (1971)2SCC779; [1972]2SCR33

... that the scheme of Section 100 of the Constitution Act is radically different from that of Sections 91 and 92 of the British North America Act is not warranted. A long line of decisions beginning at least as early as Citizen Insurance Company of Canada v. Parsons [1881] ... of the tax. Prof. Nicholas Kaldor, who is regarded as the person on whose recommendations in his Report on Indian Tax Reform, 1956 the wealth tax was imposed, himself thought that the tax fell under entry 86 in List I. His recommendation was that ... note that there was nothing like present Entry 97 in List I in the Government of India Act. Section 104 of the said Act which is analogous to Article 248 of our Constitution read:(1) The Governor-General may by public notification empower either the Federal ... Act, 27 of 1957, as originally passed in September 1957, imposed, by its Section 3, tax on the capital value of net wealth on the relevant valuation date of every individual, Hindu undivided family and company. Net wealth, as defined under Section 2(m), means the amount by which the aggregate value computed in accordance with the provisions of the Act ... Act is radically different from that of Sections 91 and 92 of the British North America Act is not warranted. A long line of decisions beginning at least as early as Citizen Insurance Company of Canada v. Parsons [1881] 7 A. C. 96 have interpreted these provisions of the Canadian Constitution in a manner that almost assimilates their scheme to that adopted in Section ...

Oct 21 1971

Union of India (UOI) Vs. Shri Harbhajan Singh Dhillon

  • Decided on : 21-Oct-1971

Court : Supreme Court of India

Reported in : AIR1972SC1061a

... that the scheme of Section 100 of the Constitution Act is radically different from that of Sections 91 and 92 of the British North America Act is not warranted. A long line of decisions beginning at least as early as Citizen Insurance Company of Canada v. Parsons [1881] ... of the tax. Prof. Nicholas Kaldor, who is regarded as the person on whose recommendations in his Report on Indian Tax Reform, 1956 the wealth tax was imposed, himself thought that the tax fell under entry 86 in List I. His recommendation was that ... note that there was nothing like present Entry 97 in List I in the Government of India Act. Section 104 of the said Act which is analogous to Article 248 of our Constitution read:(1) The Governor-General may by public notification empower either the Federal ... Act, 27 of 1957, as originally passed in September 1957, imposed, by its Section 3, tax on the capital value of net wealth on the relevant valuation date of every individual, Hindu undivided family and company. Net wealth, as defined under Section 2(m), means the amount by which the aggregate value computed in accordance with the provisions of the Act ... Act is radically different from that of Sections 91 and 92 of the British North America Act is not warranted. A long line of decisions beginning at least as early as Citizen Insurance Company of Canada v. Parsons [1881] 7 A. C. 96 have interpreted these provisions of the Canadian Constitution in a manner that almost assimilates their scheme to that adopted in Section ...

Nov 12 1997

Bakhtawar Construction Co. Pvt. Vs. Blossom Breweries Ltd. And Ors.

  • Decided on : 12-Nov-1997

Court : Company Law Board (CLB)

Reported in : (1998)1CompLJ150

... petitioners herein, in the petition filed under Section 248/250 of the Companies Act, 1956, in the matter of Blossom Breweries Limited, have sought that the Company Law Board should direct the respondents herein to furnish various details regarding shares in the company. When the matter was taken up for hearing, Shri Sarkar,, appearing for the respondents, raised the following preliminary objections ... the ownership of any share, the Company Law Board should consider the merits of the submissions of the petitioners. Thus, the provisions of Sections 247 and 248 of the Act are independent of each other and there is no need that the grounds under Section 247 should be satisfied before invoking powers under Section 248. While the Company Law Board can dismiss a petition ... the petitioners have strong suspicions about the ownership of shares they have moved the Company Law Board under Section 250(1) of the Companies Act. He further submitted that as long as the^ situations contemplated under Section 247/248 are present, the petitioner can move this petition under Section 250(1) wherein specific provision has been made that a complaint could be made ... Section 248 is wider in scope and covers the ownership of every share.As long as the petitioner is in a position to substantiate that there are good reasons to investigate the ownership of any share, the Company Law Board should consider the merits of the submissions of the petitioners. Thus, the provisions of Sections 247 and 248 of the Act ...

Jan 27 1919

United States v. New Orleans Pacific Ry. Co.

  • Decided on : 27-Jan-1919

Court : US Supreme Court

... company of the provisions of the act. The fourth section is not material here. The fifth section authorized the Secretary of the Interior to make all needful rules and regulations for carrying the act into effect. The sixth section confirmed the patents already issued to the company, but with the express qualification that "the Secretary of the Interior is hereby fully authorized and instructed Page 248 ... instructed Page 248 U. S. 515 to apply the provisions of the second, third, fourth, and fifth sections of this act to any of said lands that have been so patented, and to protect any and all settlers on said lands in all their rights under the said sections of this act." The company duly accepted the provisions of the act, and in ... rules and regulations for carrying the act into effect. The sixth section confirmed the patents already issued to the company, but with the express qualification that "the Secretary of the Interior is hereby fully authorized and instructed Page 248 U. S. 515 to apply the provisions of the second, third, fourth, and fifth sections of this act to any of said ... section authorized the Secretary of the Interior to make all needful rules and regulations for carrying the act into effect. The sixth section confirmed the patents already issued to the company, but with the express qualification that "the Secretary of the Interior is hereby fully authorized and instructed Page 248 U. S. 515 to apply the provisions of the second, third, fourth, and fifth sections ...

Oct 31 2005

Royal Airways Ltd. Vs. Additional Director Of Income Tax

  • Decided on : 31-Oct-2005

Court : Income Tax Appellate Tribunal (ITAT) - Delhi

Reported in : (2006)98ITD259(Delhi)

... force in the above contention. Section 248 makes a mention of Sections 195 and 200 and it does not speak of the sub-sections either (1) or (2) of Section 195. When once an appeal has been preferred to the AAC on the matter of liability of the company to deduct taxes, the ... Section 248 is clear and we cannot accept the view sought to be propounded by Mr. Manchanda that such a right is restricted and that the AAC was not competent to fix the quantum or to revise the proportion of the amount chargeable under the provisions of the Act as determined by the ITO. Section 251 of the Act ... appeal under Section 248 for the denial of tax liability. After the time to file the return by foreign company had expired, the assessee could have filed the appeal under Section 248 but he did not do without any reason. It was also admitted position that when the operations of the company were ... company was not filing the return and the statutory period had expired, the assessee even thereafter did not file the appeal under Section 248 for the denial of tax liability. After the time to file the return by foreign company had expired, the assessee could have filed the appeal under Section 248 ... company to file the same. Hence, even when the assessee came to know that the foreign company was not filing the return and the statutory period had expired, the assessee even thereafter did not file the appeal under Section 248 for the denial of tax liability. After the time to file the return by foreign company ...

Jun 01 1999

Bakhtawar Construction Company Vs. Blossom Breweries Ltd.

  • Decided on : 01-Jun-1999

Court : Company Law Board (CLB)

Reported in : (2000)1CompLJ92

... of Section 248 of the Companies Act which falls for consideration in the present petition. . .". "It is clear from the provisions of Section 248 that the power of investigation into ownership of any share or debentures of a company for good reasons can be exercised either by the Central Government or by the Company Law Board. Now first taking up the question whether Sections 247 and 248 operate ... controversy has arisen on the scope of inquiry under Section 248. While, as pointed out by Dr. Singhvi, as per Section 248 of the Act inquiry is to be made from persons as indicated in that section, the learned judge has observed that under Section 248 investigation has to be made by merely calling for information from the company. Whether it is a finding or obiter has ... the petitioners, submitted that the Company Law Board is bound to proceed with the petition in accordance with the provisions of Section 248 as the learned Judge of the High Court has remanded the petition back to the Company Law Board for consideration and decision in accordance with law. As per the statutory provisions in Section 248 of the Act, Company Law Board may require ... Section 248 investigation has to be made by merely calling for information from the company. Whether it is a finding or obiter has to be examined as to in what context this observation was made. Para 4 of that judgment reads as follows : "Now it is clear from the rival submissions made that it is the provisions of Section 248 of the Companies Act ...

Nov 22 1978

Income-tax Officer Vs. Official Liquidator, Swaraj Motors (P.) Ltd. (I ...

  • Decided on : 22-Nov-1978

Court : Kerala

Reported in : [1978]48CompCas11(Ker); [1982]134ITR132(Ker)

... . By that order after finding that the provisions of Section 446(1) and (2) of the Companies Act, 1956, applied to the levy and demand of interest, the ITO was restrained from enforcing the claim for interest in any manner other than that provided for in those provisions.3. Now, Section 220 of the I.T. Act, so far as is relevant for the present purpose ... by Section 446 of the Companies Act.5. In Governor-General in Council v. Shiromani Sugar Mills Ltd. [1946] 14 ITR 248; 16 Comp Cas 71, the Federal Court held that proceeding regarding 'recovery' of income-tax against a company after the making of awinding-up order of that company was a legal proceeding as contemplated .by Section 171 of the Indian Companies Act of 1913, which corresponds to Section ... ITO levied Rs. 6,228 as interest under Section 220(2) of the I.T. Act, 1961. When the demand for that amount was made, the learned single judge passed the order from which this appeal has been filed. By that order after finding that the provisions of Section 446(1) and (2) of the Companies Act, 1956, applied to the levy and demand of interest ... Sugar Mills Ltd. [1946] 14 ITR 248; 16 Comp Cas 71, the Federal Court held that proceeding regarding 'recovery' of income-tax against a company after the making of awinding-up order of that company was a legal proceeding as contemplated .by Section 171 of the Indian Companies Act of 1913, which corresponds to Section 446(1)of the present Companies Act. That decision was followed by theSupreme Court ...

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