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Mental Box Co. Of India Ltd vs Their Workmen on 20 August, 1968. Warning on translation. Get this document in PDF. Print it on a file/printer. Download Court Copy. Select the following parts .

The Associated Cement Companies Ltd., Bombay, the Cement Marketing .Union of India - Section Section 6 in The Income Tax Act, 1961 6. Residence in .Court in the case of Metal Box Company of India Ltd. v. Their Workmen, [1969? 73 I.T.R. 53 held that the entire amount was allowable. Accordingly, he gave a relief of Rs. 1,84,056. The .

In Metal Box Company Of India Ltd. v. Workmen.liability for encashment of earned leave by the employee is an admissible deduction?”2. The appellant Company has two sets of employees. . 6. In Metal Box Company of India Ltd. v. Their Workmen [1969] 73 ITR 53 ; 39 Comp Cas 410, noted by the Tribunal, the Supreme Cour.question. The error, if any, is .That not having been done, the law as laid down by this Court in Metal Box Co. and reaffirmed by two later decisions namely William Jacks & Co. Ltd. and Delhi Cloth and General Mills Co. still . In the Metal Box Company of India Ltd. v. their Workmen, 1969 AIR 612 case, the Court observed that agreed solutions between the Works Committee and the management are .

The members of the fifth respondent-Union and the Metal Box Company Staff Association indicated that they would prefer to have a fair and reasonable settlement rather than re .as admissible deduction referred to the another decision of Metal Box Company of India Ltd. V Their Workmen (1968 (8) TMI 53 - SUPREME Court). Thus the principles laid down in these .HEADNOTE: In a dispute between the appellant and its workmen relating to the computation of bonus under the Payment of Bonus Act, 1965, the Company contended that the available .

Rotork Controls India (P) Ltd. v. Commissioner of Income Tax, Chennai. 3. In these civil appeals filed by the assessee we are concerned with the assessment years 1991-92, 1992-93, 1993-94 and 1994- . (SC) and Metal Box Company of India Ltd. v. Their Workmen - (1969) 73 ITR 53 (SC). . following the judgment in Metal Box Company of India . In Metal Box Co. of India Ltd. vs. Their Workmen (1969) 73 ITR 53 (SC) the appellant company estimated its liability under two gratuity schemes framed by the company and the amount of liability was deducted from the gross receipts in the P&L a/c. The company had worked out on an actuarial valuation its estimated liability and made provision for .cited judgements :-delhi cloth and general mills company limited vs. workmen [laws(sc)-1971-9-63] [relied .1969 1 scr 750 : : (1969) 2 scj 160] state bank of patiala patiala vs. commissioner of income tax patiala [laws(sc)-1996-3-101] [explained and followed 1969 73 itr 53: : 1969 1 llj 785;] commissioner of income tax vs.In Metal Box Co. of India Ltd. v. Their Workmen(1), one of the questions that arose for consideration was the method of working out the direct taxes under the Act. The Company in that case claimed that direct taxes are to be worked out under s. 6 (c) on the gross profits worked out under s. 4, less the prior charges allowable under s. 6, namely .

In the Metal Box Company of India Ltd. v. their Workmen, 1969 AIR 612 case, the Court observed that agreed solutions between the Works Committee and the management are always entitled to great weight and should not be readily disturbed, particularly in matters like classification, grades and scales which are peculiarly within the personal .

The Tribunal considered the decision of the Supreme Court in the case of Metal Box Company of India Ltd, v. Their Workmen [1969] 73 ITR 53 : 39 Comp Cas 410, where the Supreme Court distinguished the concept of a "provision" and "reserve" in accordance with the principles of commercial accountancy. In the Metal Box Company of India Ltd. v. their Workmen, 1969 AIR 612 case, the Court observed that agreed solutions between the Works Committee and the management are always entitled to great weight and should not be readily disturbed, particularly in matters like classification, grades and scales which are peculiarly within the personal .Apparently, in the light of certain observations made by the Supreme Court in the case of Metal Box Company of India Ltd. v. Their Workmen and a circular issued by the CBDT dated September 21, 1970 (later withdrawn), the assessee got an actuarial valuation of its total gratuity liability as on March 31, 1970, and March 31,1971, and on the basis .

mental box company of india v workers

Get free access to the complete judgment in Metal Box India, Ltd. v. State Of Tamil Nadu on CaseMine. . S.I.C.A also does not deal with the dispute between workmen and their employer or the dispute between workmen and workmen. . In J.K Cotton Spinning and Weaving Mills Company, Ltd. v. State of Uttar Pradesh, .Get free access to the complete judgment in Metal Box India Limited & Another v. Association Of Engineering Workers Union & Others on CaseMine. . The employer is a Multi Unit Public Limited Company incorporated in 1933 and has been engaged in the business of the manufacture and sale of metal containers, paper packages, plastic moulded cases .

the workmen and the company, was also erroneous in view of the fact that the Act which is a self contained Code has prescribed the manner in which available surplus and the allocable surplus are to be calculated. [829 G] Metal Box Co. of India Ltd. v. Workmen, [1969] 1 S.C.R. 750, Workment of William Jacks & Co. Ltd. v. Management of

Madras High Court Chairman & Managing Director vs Metal Box Company Workers Union on 18 April, 2006 Bench: A.P. Shah, Prabha Sridevan IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 18/04/2006 CORAM The Hon'ble Mr. A.P. SHAH, THE CHIEF JUSTICE and The Hon'ble Mrs. Justice PRABHA SRIDEVAN WA.No.415 of 2006 and WA.No.416 of 2006 . 2. Reliance Energy Limited is a company registered under the Companies Act, 1956. It is engaged in generation, transmission and disbursement of power in Maharashtra, Delhi etc. 3. Hyundai Engineering and Construction Company Ltd. (for short, "HDEC") is a company incorporated in Korea. It is specialized in construction of bridges. 4.Gajendragadkar, C.J. The termination of services of 56 workers by appellant 1, the India General Navigation and Railway Company, Ltd., led to an industrial dispute which was referred to the presiding officer of the industrial tribunal, Assam, for his adjudication, by the Governor of Assam under S.10(1) of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter called the Act).

CIT (2000) 245 ITR 428 (SC) and Metal Box Company of India Limited v. Their Workmen, (1969 AIR 612). The learned Commissioner (Appeals) accepted the contention of the assessee and held the provision created for post-retirement medical benefit as an ascertained liability, allowable as expenditure.In Metal Box Company Of India Ltd. v. Workmen one of the questions that arose for consideration was the method of working out the direct taxes under the Act. The Company in that case claimed that direct taxes are to be worked out under Section 6(c) on the gross profits worked out under Section 4, less the prior charges allowable under Section 6 .In Metal Box Company of India Ltd. Vs. Their Workmen (1969) 73 ITR 53 the appellant company estimated its liability under two gratuity schemes framed by the company and the amount of liability was deducted from the gross receipts in the P&L account. The company had worked out on an actuarial valuation its estimated liability and made

At the relevant time when this circular was issued, the Supreme Court's decision in the case of Metal Box Company of India Ltd. v. Their Workmen was available and taking note of certain observations in this particular decision of the Supreme Court, it was felt that provision of gratuity on a scientific basis (in the form of actuarial valuation .4,50,000 was not to be included in the computation of Capital of the assessee Company. [113E] Metal Box Company of India Limited v. Their Workmen, 73 I.T.R. 53 and Vazir Sultan Tobacco Co.Ltd. etc. etc. v. Commissioner of Income Tax, Andhra .Get free access to the complete judgment in Metal Box India, Ltd. v. B.R Rangari, Assistant Commissioner Of Labour And Others on CaseMine. . The petitioner is a company incorporated under the Companies Act. 1 of 1956 and have various units in different states. It is the case of the petitioners that in 1987 the worth of the company got fully .At the relevant time when this circular was issued, the Supreme Court's decision in the case of Metal Box Company of India Ltd. v. Their Workmen was available and taking note of certain observations in this particular decision of the Supreme Court, it was felt that provision of gratuity on a scientific basis (in the form of actuarial valuation .

Our attention was drawn to the observations of this Court in the case of Metal Box Company of India Ltd. v. Their Workmen, 73 I.T.R. 53 at 67-68, which were reiterated and referred to in the decision of this Court in Vazir Sultan Tobacco Co. Ltd. v. Commissioner of Income Tax (supra). In these appeals we are not concerned with the distinction .

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RASTOGI, J. ( 1 ) THE Income-tax Appellate Tribunal, Delhi Bench A, has referred the following questions under Section 256 (1) of the I. T. Act, hereafter " the Act ", for the opinion of this court: At the instance of the assessee :

Metal Box Company Of India Ltd. v. Workmen, [1969] 73 ITR 53 : 39 Comp Cas 410 : 35 FJR 181, the Supreme Court held that it is legitima . In the case of Metal Box Co. Ltd. of India v. Their Workmen, [1969] 73 ITR 53 : 39 Comp .Supreme Court of India Kamani Metals & Alloys Ltd vs Their Workmen on 24 January, 1967 Equivalent citations: 1967 AIR 1175, 1967 SCR (2) 463, AIR 1967 SUPREME COURT 1175, 1967 FACLR 1, 1967 2 LABLJ 55, 1967 2 SCR 463, 1967 (1) SCWR 730, 1967 2 FJR 64 Author: M. Hidayatullah Bench: M. Hidayatullah, S.M. Sikri, C.A. VaidyialingamIn Metal Box Company of India Ltd. v. Their Workmen [1969] 73 ITR 53 (SC), both the abovementioned decisions, namely, Southern Railway of Peru Ltd. v. Owen [1957] 32 ITR 737 (HL) and Standard Mills Co. Ltd. v. CWT [1967] 63 ITR 470 (SC) were considered in the context of computation of bonus payable to the employee of the appellant-company in . Wipro GE Medicals Systems Ltd. (unreported) and the Delhi High Court in CIT v. Hewlett Packard India (P.) Ltd. [2008] 171 Taxman 13. The Supreme Court reviewed a number of decisions, inter alia, relying upon its own decision in Metal Box Co. of India Ltd. v. Their Workmen [1969] 73 ITR 53 (SC) and Bharat Earth Movers v. CIT [2000] 112 Taxman 61 .

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