J.K. (Bombay) Pvt. Ltd. v. New Kaiser-I-Hind Spinning & Weaving Co. Ltd.

40 Comp Cas 689Reported decision1970#24844 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2023.

Judgments citing J.K. (Bombay) Pvt. Ltd. v. New Kaiser-I-Hind Spinning & Weaving Co. Ltd.

Industrial Dev.Bank of India Through Stressed Assets Stabilisation Fund Constituted by the Govt. of vs. Superintendent of Central Excise and Customs

Appeal is allowed and the impugned judgment dated 26th

C.A. No.-002568-002568 - 2013Supreme Court18 Aug 2023

Bench: HON'BLE THE CHIEF JUSTICE

Section 142Section 447Section 456Section 468Section 47Section 529ASection 59(1)Section 72Section 72(2)

…to priority under Section 530 of the Companies Act.22 Not only this, the rules enable a creditor to claim interest up to the date of the winding up order, and in certain circumstances, 20 See – In Re Savin, [1872] L.R. 7 Ch. App. 760, 764. 21 (1970) 40 Comp Cas 689. 22 See – Rule 147, Companies (Court) Rules, 1959. Civil Appeal No. 2568 of 2013 Page 21 of 38 payment of interest subsequent to the date of winding up.23 There is, however, an exception to the two-fold method, as has been held in Dena Bank v. Bhikhabhai Prabhudas Parekh & Co. and Others24, which we will subsequently elucidate. 18. This bri…

Nxp Semiconductors India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the assessee's appeal is partly allowed

ITA 397/BANG/2017[2007-08]Status: DisposedITAT Bangalore03 Jan 2020AY 2007-08

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadale

For Appellant: Shri Chavali Narayan, C.AFor Respondent: Smt. R. Premi, JCIT (D.R)

Section 143(3)Section 32(1)(ii)

…retain the character of contract and operates by force of the statute……” . For the above, the Hon‟ble High Court relied on the judgment of the Hon‟ble Supreme Court in the case of J.K. (Bombay) Pvt. Ltd vs. New Kaiser-I-Hind Spinning & Weaving Co. Ltd (1970) 40 Comp Cas 689. Thus, it is the argument of the Ld Counsel that by virtue of the judgment of the Hon‟ble Bombay High Court in the context of amalgamation, the difference should be considered as “goodwill” and the same has to computed based on the book values only. Coming to the issue of granting of depreciation u/s 32(1)(ii) in respect of the intangible ass…

M/S Dalmia Power Ltd vs. The Assistant Commissioner of Income Tax

Appeals are allowed

C.A. No.-009496-009499 - 2019Supreme Court18 Dec 2019

Bench: HON'BLE MS. JUSTICE INDU MALHOTRA

Section 139Section 139(5)

…e NCLT, Guwahati. Accordingly, the Schemes attained statutory force1 not only inter se the Transferor and Transferee Companies, but also in rem, 1 J.K. (Bombay) (P) Ltd. v. New Kaiser-I-Hind Spg. and Wvg. Co. Ltd., (1969) 2 SCR 866 : AIR 1970 SC 1041 : (1970) 40 Comp Cas 689; 18 since there was no objection raised either by the statutory authorities, the Department, or other regulators or authorities, likely to be affected by the Schemes. 4.7 As a consequence, when the companies merged and amalgamated into another, the amalgamating companies lost their separate identity and c…