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TCC (summary)

Canada Trustco Mortgage Company v. The Queen, 2004 TCC 792 -- summary under Financial Service

. Here we have a sale of mortgages of which the servicing is not only an integral part but is requisite as a matter of commercial exigency. ...
TCC (summary)

0742443 B.C. Ltd. v. The Queen, 2014 DTC 1208 [at at 3811], 2014 TCC 301, aff'd 2015 DTC 5115 [at 6304], 2015 FCA 231 -- summary under Specified Investment Business

. [A] few services to a few customers does not change the inherent nature of income from property. ...
TCC (summary)

Kruger Wayagamack Inc. v. The Queen, 2015 DTC 1112 [at at 667], 2015 TCC 90, aff'd 2016 FCA 192 -- summary under Paragraph 256(1)(a)

The USA required unanimous approval by the board (with at least one of SGF's directors included) or of the shareholders for a wide range of matters including of the capital and operating budgets and changes thereto, business plans or departures therefrom, the hiring or dismissal of various officers or payment of bonuses, any significant financing or security interest grant, and any entering into or changes in various significant contracts. ...
TCC (summary)

Blackburn Radio Inc. v. The Queen, 2012 DTC 1213 [at at 3580], 2012 TCC 255 -- summary under Subsection 152(4.3)

It was also irrelevant that the taxpayer did not object to the 2009 reassessment, because " Canadian Marconi is strong authority that an out-of-time reassessment is void absent an allegation of fraud or misrepresentation" (para. 62). ...
TCC (summary)

Lussier v. The Queen, 2000 DTC 1677 (TCC) -- summary under Subsection 104(13.1)

. …[T]he letter…was an amendment to the estate's tax return and its effect was to amend the initial return. ...
TCC (summary)

9016-9202 Quebec Inc. v. The Queen, 2014 TCC 281 -- summary under Personal Services Business

EBI exercised the same daily control of the individuals' activities after the change as before (and subsequently, after the new arrangements were terminated) through detailed daily reporting, detailed monitoring by its foremen and strict controls on how its trucks (which were owned by EBI) were utilized and parked as well as the individual corporations themselves being administered by EBI's accountants for a fixed fee and having the same address as EBI. ...
TCC (summary)

Stantec Inc. v. The Queen, 2008 TCC 400 (Informal Procedure), aff'd 2009 FCA 285 -- summary under Subsection 186(1)

Before going on to find that s, 186(2) also applied so as to provide input tax credits for GST on the fees incurred by the appellant in connection with this listing, C Miller J found that s. 186(1) applied to deem the appellant to incur the fees for use in its commercial activities, stating (at paras. 16-17): The facts are quite clear the listing services were acquired so that Stantec could complete its deal to own all the shares of the company resulting from the merger of Keith Companies and Stantec California. ...
TCC (summary)

Mariano v. The Queen, 2015 DTC 1209 [at at 1331], 2015 TCC 244 -- summary under Other

Furthermore, such expert erred in treating retail sales by Infosource as a relevant comparable for valuing the licences here as they essentially had been acquired on a wholesale basis so that the modest price paid to Infosource represented the licences' fair market value. ...
TCC (summary)

Kruger Incorporated v. The Queen, 2015 DTC 1127 [at at 788], 2015 TCC 119, rev'd 2016 FCA 186 -- summary under Timing

. At the end of the day, however, it falls to Parliament to enact the law, the courts to interpret the law and the CRA to enforce the law…. ...
TCC (summary)

Barejo Holdings ULC v. The Queen, 2015 DTC 1216 [at at 1405], 2015 TCC 274, aff'd on other grounds 2016 FCA 304 -- summary under Section 8.1

. the Notes themselves are expressly to be governed by and interpreted and enforced in accordance with the laws of England…. ...

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