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Decision summary

Denis v. Agence du revenu du Québec, 2019 QCCQ 6708 -- summary under Subparagraph 45(1)(a)(ii)

. [N]o transformation or modification of much significance was made to the Triplex in order for the three units to be linked in some manner to each other. ...
SCC (summary)

Canada (Attorney General) v. British Columbia Investment Management Corp., 2019 SCC 63, [2019] 4 SCR 559 -- summary under Section 8.1

Absent express direction to the contrary, undefined terms in a taxation statute must be interpreted according to their established and accepted legal meaning …. ...
FCTD (summary)

Stover v. Canada (National Revenue), 2019 FC 1599 -- summary under Subsection 166.1(5)

Favel J stated (at paras. 50-51): While the record did not contain information stating that the Applicant explicitly requested an extension of time or that he provided the Minister with reasons for requesting an extension of time, Notices of Objection filed after the 90 day delay for objecting, but within the extension of time delay, have been interpreted as implicit applications to extend time …. ...
Decision summary

Latulippe v. Agence du revenu du Québec, 2019 QCCA 2177 -- summary under Paragraph 45(1)(a)

He stated (at para. 64, TaxInterpretations translation): [T]he simple fact of wishing to obtain a better price on the sale of the immovable is insufficient for concluding that a taxpayer was engaged in an adventure or concern in the nature of trade; a taxpayer engaging in a project carrying risk or having a commercial character is not necessarily carrying on a business …. ...
TCC (summary)

CO2 Solution Technologies Inc. v. The Queen, 2019 TCC 286, aff'd sub nom. Bresse Syndics Inc. acting for the bankruptcy of CO2 Solution Technologies Inc. v. The Queen, 2021 FCA 115 -- summary under Subparagraph 251(5)(b)(i)

Smith J found that CO2 Technologies was “a corporation controlled, directly or indirectly in any manner whatever” by a public corporation (CO2 Public) and, thus, was not a Canadian-controlled private corporation (CCPC) even before getting to the one-sided terms of the “research agreement” between the two corporations. ...
Decision summary

Gestions Calce Ltée v. Agence du revenu du Québec, 2019 QCCQ 7377 -- summary under Former Business Property

Whether the property was a “former business property” turned on whether (under the definition thereof) it qualified as a “property leased by the taxpayer to a person related to the taxpayer and used by that related person principally for any other purpose.” ...
Decision summary

Dare Human Resources Corporation v. Ontario (Revenue), 2019 ONCA 549 -- summary under Employer

The appeal judge did not fail to consider any relevant factor. ...
Decision summary

BT Céramiques Inc. v. Agence du revenu du Québec, 2020 QCCA 402 -- summary under Subsection 24(1)

. [It] simply could not take advantage of the proceeds of the illegally obtained warrants. ...
Decision summary

Ferme Lunick Inc. v. Agence du revenu du Québec, 2020 QCCQ 1703 -- summary under Paragraph (a)

. The Agricultural Activities are not carried on independently of the Manufacturing and Processing Activities given Lunick Farm's strategy of vertical integration. ...
FCA (summary)

Iris Technologies Inc. v. Canada (National Revenue), 2020 FCA 117 -- summary under Subsection 18.1(2)

Rennie JA further stated (at paras. 49, 51): I do not wish to be taken as endorsing the Minister’s arguments that the issuing of the notices of assessment deprives the Federal Court of jurisdiction to consider the Minister’s exercise of discretion under the ETA. ...

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