Limitation for setting aside ex parte decrees - The application must be filed within 30 days from the date of the decree, or if summons was not duly served, the limitation period may be extended. Limitation is computed from the date of decree or the date summons was served, as per Article 164 of the Limitation Act Baikunth Sahu VS Mohammad Sadique - Patna.
Computation of limitation period - Courts interpret the limitation period for setting aside ex parte decrees, considering whether summons were properly served. If summons were served, the limitation period begins from the decree date; if not, it may be extended. The courts have discussed extending the limitation period under Section 5 of the Limitation Act to Article 164 to avoid hardship Sodhi Harnam Singh VS Sodai Mohinder Singh - Punjab and Haryana.
Income Tax Act, Section 164 - This section deals with the computation of total income of trusts or associations of persons, especially regarding how income is taxed after computation. It clarifies that trustees cannot be regarded as an association of persons unless specified, impacting the taxation process COMMISSIONER OF INCOME TAX VS SAE HEAD OFFICE MONTHLY PAID EMPLOYEES WELFARE - Delhi.
Surcharge and Maximum Marginal Rate - Sections 164 and 167B of the Income Tax Act relate to surcharge application on dividend income. The surcharge rate may be capped as per the Finance Act, and the Maximum Marginal Rate includes the surcharge rate, affecting tax computation for individuals or entities M/s. M V Subramanian Family Trust vs The Income Tax Officer, Non-Corporate Ward 1(1), Chennai - Income Tax Appellate Tribunal.
Compensation and negligence calculations - Courts analyze the negligence of defendants and compute compensation using principles like the multiplier method. Proper reasoning for the amount awarded must be provided, as seen in cases involving accidents and negligence Suraj Verma VS Delhi Development Authority - Delhi.
Constitutionality of Finance Act provisions - Certain provisions of the Finance Acts (e.g., Sections 2(6), 2(7)(e), 2(8)(e)) allow aggregation of agricultural income, challenged for violating the scheme of taxation under Section 4 of the Income Tax Act. These provisions impact the computation of income and tax liability P. K. Joseph VS ITO Ernakulam - Kerala.
Labor law and computation of dues - Under the Industrial Disputes Act, the computation of wages or allowances depends on legal interpretations. Courts decide whether the dispute qualifies as a lock-out or strike and compute dues accordingly, involving detailed calculations Management, Floram Shoes (India) Pvt. Ltd. VS Presiding Officer, Additional Labour Court - Madras.
Income Tax computation and failure to deduct - The computation of total income involves assessing deductions and profits under chapters dealing with business or profession income. Failure to deduct requisite taxes or correct computation affects the final tax liability, as discussed in Tribunal and High Court decisions Shree Choudhary Transport Company VS Income Tax Officer - Supreme Court.
Analysis and Conclusion:
The key focus across these sources is the precise computation of legal and tax-related figures, whether for limitation periods under Article 164, income tax calculations, or compensation awards. Proper interpretation of statutory provisions, adherence to procedural timelines, and detailed calculations are crucial for legal compliance and accurate adjudication. Notably, the limitation period under Article 164 is strictly 30 days from the decree date, with extensions considered if summons were improperly served. In taxation, the inclusion of surcharge rates within the maximum marginal rate significantly influences tax liability calculations, especially for associations of persons or trusts.
LIMITATION ACT - ARTICLE 164 - EX PARTE DECREE - SETTING ASIDE - APPLICATION FOR - LIMITATION - COMPUTATION OF - SUMMONS SERVED ... - ARTICLE 164, PART I APPLIES. ... The period of limitation prescribed for filing an application for setting aside an ex parte decree is provided in Article 164 of the Indian Limitation Act, according to which such an application should be filed within thirty days from the date of the decree or, where the summons was not duly served, ... The language of Ar....
SET ASIDE EX PARTE DECREE - TIME LIMIT - COMPUTATION. ... The trial court dismissed the application as barred by limitation under Article 164 of the Limitation Act, 1908. ... LIMITATION ACT, 1908 - ARTICLE 164 - ORDER 9, RULE 13, CIVIL PROCEDURE CODE, 1908 - SUMMONS - INTERPRETATION - APPLICATION TO ... In case summons had been served hardship was to be avoided by extending the provisions of Section 5, Limitation Act to Article 164. ... There are three decisions of th....
It is not concerned with the manner of computation of the total income. ... of computation of total income and levy of tax in issue - precedent referred – trustees cannot be regarded as association of persons ... ;Income Tax Act, 1961 s.164 ... Therefore, clause (iv) of proviso to sub-section (1) of Section 164 of the Act would be attracted and if that is so, the question arises as to how total income after computation of such trust is to be charged. ... Section #HL_....
(A) Income Tax Act, 1961 - Section 2(29C), 143(1), 154, 234B, 234C - Applicability of surcharge - Appellant challenged the consideration ... of surcharge at 37% instead of 15% on dividend income, asserting that the rate should be capped as per the Finance Act, 2021, applicable ... Ratio Decidendi: The definition of Maximum Marginal Rate encompasses the applicable surcharge rate as specified under the Finance Act ... As could be seen from a conjoint reading of sections 164/167B of the Act, these provisio....
2009 ACJ 1063 - The court discussed the negligence of the defendant in not filling up a deep pit, and the computation of compensation ... 1 Delhi 59, AIR 1979 P&H 50, AIR 1956 Cal. 555, (2001) 8 SCC 197, 164 (2009) DLT 346, ILR (2010) 4 Delhi 293, 2007 (97) DRJ 445, ... under the Fatal Accidents Act, 1885, using the multiplier method. ... However, the learned Trial Court has not given any reason for computation of compensation of Rs.8,00,000/-. ... 9. ... The principles relating to computation of compen....
Finance Act - Constitutional Validity - S.2(6), 2(7)(e) - Finance Act, 1973; S.2(2), 2(7)(b)(ii), 2(8)(e) - Finance Act, 1974 ... - S.2(6) of the Finance Act, 1973 and similar provisions in the Finance Act of 1974 allow the aggregation of agricultural income ... The provisions were challenged on the grounds of violating the scheme of taxation sanctioned by S.4 of the Income Tax Act, being ... The Trustees were assessed as 'association of persons' under S.164 of the #H....
him, and it is only if the Labour Court answers this point in favor of the workman that the next question of making the necessary computation ... him, and it is only if the Labour Court answers this point in favor of the workman that the next question of making the necessary computation ... Act, 1947 (the Act), for the payment of special allowance for operating the adding machine as provided under paragraph 164(b) (1 ... Once such computation or calculation is made under. S. 33C(2) the amount so determi....
of maximum marginal rate of tax – Whether, the principles laid down and the calculation reached by the Tribunal in regard to the computation ... Income Tax Act – Sections 16, 41, 43(1) – Finance Act – Marginal Rate Issue – Whether, the Tribunal is right ... the rate of tax applicable in relation to the highest slab of income provided for association of persons in the relevant Finance Act ... Whether, on the facts and in the circumstances of the case, the principles laid down and the calculation reached by the Tribunal in....
, in and by which, as many as 472 workers who were the members of said Union got the benefit and out of them, about 164 workmen were ... Industrial Disputes Act, 1947 - Section 2K, 25-O, 18(1), 33(2) (b) - Company suspended its operation - Company ... two other unions, namely, Leather & Leather Goods Democratic Labour Union and raised a dispute under Section 2K of the Industrial Disputes ... it was not a lock-out as contended by the petitioner management, filed computation petitions in CP Nos. 164 of 20....
40(a)(ia), 194C and 201 – Computation of total income of assessee-appellant – Failure of assessee-appellant to deduct requisite ... ITA No. 117/JU/2008 by the Income Tax Appellate Tribunal, Jodhpur Bench at Jodhpur; and thereby, the High Court has upheld the computation ... Chapter IV of the Act of 1961 deals with the subject "Computation of Total Income" and Section 40 occurs in Part D thereof, carrying the provisions relating to the "Profits and Gains of Business or Profession". ... Income Tax Appeal No. 164#....
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