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Decision summary
Rice v. ARQ, 2016 QCCA 666 -- summary under Subsection 91(24)
Hesler CJQ further dismissed the appellants claim that a Quebec regulation requiring retailers to verify, at the time of sale, the identity of a purchaser claiming to be an Indian, undercut the exclusive federal power over Indians, stating (at paras 100 & 112): …Notwithstanding s. 91(24), provincial laws of general application apply proprio vigore to Indians and Indian lands… …[T]he appellants’ failure to acknowledge or avail themselves of workable solutions does not render the budget measures unconstitutional… [T[heir refusal to participate more likely flows from a desire to preserve a competitive advantage than an inability to shoulder an excessive administrative burden. ...
Decision summary
Gemeente Woerden (Municipality of Woerden) v. Staatsecretaris van Financiën (Secretary of State for Finance, Netherlands), C:2016:466 (European Court of Justice (10th Chamber) ) -- summary under Subsection 169(1)
. … The fact that that purchaser allows parts of the building…to be used without charge is of no importance…. ...
Decision summary
Emballages Starflex Inc. v. Agence du revenu du Québec, 2016 QCCA 1856 -- summary under Income-Producing Purpose
The Supreme Court further commented in discussing Olympia... and Impenco Ltd …: “If a specific provision exists which limits deductibility in respect of that purpose, then that should be the end of the matter.” ...
Decision summary
British Columbia Investment Management Corp. v. Canada (A. G.), 2016 BCSC 1803 -- summary under Section 122
He stated: Section 16 of [bcIMC’s incorporating legislation] states that bcIMC “…is not liable for taxation except as the government is liable for taxation ”. ...
Decision summary
Lauber v. Reid, 2016 QCCA 1587 -- summary under Subsection 223(1)
. … [T]he services in question are taxable because the law provides that unless specifically stipulated, GST and PST are not included in the gross price for the taxable goods or service. ...
Decision summary
Revenue and Customs Commissioners v. Findmypast Ltd., [2017] CSIH 59 -- summary under Subsection 168(6)
., birth and death records) whose number was determined in accordance with parameters that were subject to change by the site – and with a significant number of the credits never being applied in the periods in question. ...
Decision summary
Scotia Mortgage Corporation v Gladu, 2017 BCSC 1182 -- summary under Subsection 220(1)
" … The petitions before me are directed exclusively at the interpretation of the Income Tax Act for the sole eventual purpose of determining whether there needs to be a remission to the Receiver General of the 25 per cent tax applicable to non‑residents under s. 116(5) of the ITA. ...
Decision summary
MNR v. Paypal Canada Co., Docket T-564-17 (FCTD), 10 November 2017 -- summary under Subsection 231.2(3)
Before granting the application, Gascon J indicated that: "the expectation of privacy with respect to business records such as those targeted by the Unnamed Persons Requirement is very low" "PayPal has not filed any evidence to support a claim that the Unnamed Persons Requirement is overbroad or reaches a disproportionate number of persons or transactions" "the information sought in the Unnamed Persons Requirement is required in the context of verification activities undertaken in good faith by the Minister to combat the underground economy … to determine whether the Unnamed Persons have filed their required tax returns" ...
Decision summary
Resource Capital Fund IV LP v Commissioner of Taxation, [2018] FCA 41 (Federal Court of Australia), rev'd on various grounds [2019] FCAFC 51 -- summary under Shares
. … Profitable realisation of the investment by disposal was an objective of the investment by the RCF partnerships from the beginning. ...
Decision summary
Resource Capital Fund IV LP v Commissioner of Taxation, [2018] FCA 41 (Federal Court of Australia), rev'd on various grounds [2019] FCAFC 51 -- summary under Article 3
The taxable activity in each case was an investment in … Talison Lithium which was carried out on their behalf by their respective General Partners. ...