Considered in this light, the agency legal right can be held to be of the nature of a capital asset invested in business. 35 to be applicable where the facts were that the assessee did not produce books of account and an assessment was made by the Income-tax Officer to the best of his judgment. Such a concept would certainly be out of place with reference to a contract entered into in the course of business and any payment made for the non- performance or cancellation of such a contract could only be damages or Compensation and could not, in law firm or fact, be regarded as an assignment of the rights under the contract.
The Privy Council in Commissioner of Income-tax v. An application for the registration of the firm was however allowed and it was registered on January 17, 1927. 148B thirty- five Sikhs from the extended area were introduced into the Board by means of an indirect method, that is, by a limited Sikh electorate, the members of which electorate were in their turn elected by Sikhs as well as non-Sikhs ; that the right guaranteed under Art. When automobiles have become death traps any leniency shown to drivers who are found guilty of rash driving would be at the risk of further escalation of road accidents.
(1) Where any sum has been paid by, or collected from, any owner of a tea legal service estate during the period commencing on the 1st day of April, 1981 and ending on the day immediately preceding the date of coming into force of the West Bengal Taxation Laws (Second Amendment) Act, 1989 as rural employment cess in respect of any period prior to the coming into force of the said Act, such portion of the said sum as may become payable in accordance with the provisions of this Act after the coming into force of the said Act shall, notwithstanding any judgment, decree or order of any court, be deemed to have been validly levied, paid or collected under this Act, and where after assessment or fresh assessment any portion of such sum is found to have been levied, paid or collected in excess advocate of the rural employment cess payable law firms for the said period shall be refunded to such owner in accordance with the provisions of this Act and the rules made thereunder The Amendment Act contains two very important provisions, namely, Section 4B of the West Bengal Rural Employment and Production Act and Section 78C of the West Bengal Primary Education Act.
Any latitude shown to them in that sphere would tempt them to make driving frivolous and a frolic One of the most effective ways of keeping such drivers under mental vigil is to maintain a deterrent element in the sentencing sphere. In other words, what he does is not the business itself but something which is intimately and directly linked up with it. Such a contract is part of the business itself, not anything outside it as is the agency, and any receipt on account of such a contract can only be a trading receipt.
The two Provisions must be read in harmony, and when so read, yield the only result that proviso (d) is to be invoked, subject to the conditions under s. 43, were appointed under a Punjab Government notification, and being merely nominees of Government did not represent the Sikh Community; that under s. On the same day assessment was made under s. Held, that the Tribunal had jurisdiction to revise the pro- duction bonus scheme.
n148B(1)(a) are deemed to be members of the Board constituted under s. All those who are manning the steering of automobiles, particularly professional drivers, must be kept under constant reminders of their duty to adopt utmost care and also of the consequences befalling them in cases of dereliction. 23(5)(b) to obtain more revenue for the State by applying s. 26(b) was given to all members of the Sikh denomination to manage Sikh Gurdwaras, that the right must be exercised by all Sikhs who alone must elect their representatives and that the introduction of new members into the Board in respect of the extended territories in the manner envisaged by S.
Both the sections are set out hereinbelow: – “4B. ” This Court further emphasised the distinction between an agency agreement and a contract made in the usual course of business and pointed out that the agreement could in any event be regarded as a capital lawyer asset of the agent which would be saleable. Khem Chand Ramdas(1) held s. Payment of production bonus was payment of further emoluments depending not upon extra profits, but, upon extra production, as an incentive to the workmen to put in more than the standard performance.
State of Haryana[6] and reproduced two paragraphs which we feel extremely necessary for reproduction:- “1. nBut the matter does not end here. 148B, violated by itself the right of the Sikhs in a matter of religion and constituted an infringement of their fundamental right under Art. 388 customers, and the work of the agent is only to bring about that business. It is therefore possible to view the agency as the apparatus which leads to business rather than as the business itself on the analogy of the agreements in Van Den Berghs Ltd.
nThe court referred to the decision in Dalbir Singh v. But this cannot be said of a contract entered into in the ordinary course of business.