Search - 哈尔滨到北京 公里数

Income Tax Commissioner, Bombay Presidency and Aden [2] adopted and applied the test laid down in Robert Addie & Sons’ Collieries, Ld. v. ... It is perhaps convenient at this stage to point out that by section 9 of the Income War Tax Act a tax is to be assessed, levied and paid upon “income,” which by section 3 means, for our present purpose: “The annual net [Page 263] profit or gain * * * being profits from a trade or commercial or financial or other business.” ... Solicitors for the appellant: Dubienski & Popp. Solicitor for the respondent: W. ...

Section 31(1)(d) of the said Excise Tax Act provides: 31. (1) Whenever goods are manufactured or produced in Canada under such circumstances or conditions as render it difficult to determine the value thereof for the consumption or sales tax because * * * (d) such goods are for use by the manufacturer or producer and not for sale; the Minister may determine the value for the tax under this Act and all such transactions shall for the purposes of this Act be regarded as sales. ...   [1] [1969] C.T.C. 641, 69 D.T.C. 5434. [2] [1934] S.C.R. 244 at 248, 3 D.L.R. 57. [3] [1968] S.C.R. 140, [1968] C.T.C. 44, 68 D.T.C. 5001, 65 D.L.R. (2d) 449. [4] (1933), 72:Que. ...

Grace, Smith & Company, [1912] A.C. 716; Lockhart v. Canadian Pacific Railway Company, [1941] S.C.R. 278; W. ... [Page 190] In order to invoke the provisions of s. 23(1) of the Customs Act under the circumstances disclosed in this case, it is "default of … entry … or payment of duty" by Levy Brothers which must be shown. ... Grace, Smith & Company 3, and by this Court in Lockhart v. Canadian Pacific Railway Company 4, per Duff C.J., W. ...

Section 127(1): In this Act, * * * (e) "business" includes a profession, calling, trade, manufacture or undertaking of any kind whatsoever and includes an adventure or concern in the nature of trade but does not include an office or employment; [Page 21] The learned trial judge, after reviewing the evidence, said in part: In my view, no distinction can be drawn between the five items of profit now under consideration. ... That presumption may, of course, be negatived by the evidence as was done in the case of Sutton Lumber & Trading Company v. ... Solicitors for the appellant: Stikeman & Elliott, Montreal. Solicitor for the respondent: A. ...

The company undoubtedly intends by its total act to pass money to the shareholder: but if what the company does converts the earnings into capital, the ‘‘intention’’ of the company must take account of that fact: it “ intends ’ ’ that fact; and to carry the intention to a conclusion it intends to distribute capital assets by means of an authorized reduction in capital stock. ... VI, ¢. 52, Section 6(1) (a) (i). However, while it was provided by Section 73(3) as enacted by the amending statute of 1950, 14 Geo. ... The issue of redeemable shares was in the nature of a conduit-pipe to convey or transfer the surplus profits accumulated by the Company to the pockets of the shareholders as cash. ’ ’ In this view the learned judge held the moneys in the hands of the trustee to be income. ...

The respondent prepared a form, P.C. 2-1949, which together with the schedules thereto has been accepted by the appellant as an election by the respondent " in prescribed form’’ under this provision. ... Subsection (8) of Section 95A provides: ” (8) The Minister shall, with all due dispatch, examine each election made under this section, assess the tax payable and send a notice of assessment to the company.” ... What is much more significant, if not decisive, is that the capital losses sustained under paragraph (iii) are the net capital losses, those that exceed the " capital profits or gains made ‘ ‘ during the same period. ‘‘ Losses sustained ‘ ‘ and “profits and gains made” are clearly correlatives and of the same character; but how can profits and gains be considered to have been made in any proper sense of the words otherwise than by actual realization? ...

Section 11(1) of the Income Tax Act provides: 11. (1) Notwithstanding paragraphs (a), (b) and (h) of subsection (1) of section 12, the following amounts may be deducted in computing the income of a taxpayer for the taxation year: (a) such part of the capital cost to the taxpayer of property, or such amount in respect to the capital cost to the taxpayer of property, if any, as is allowed by regulation; Regulation 1100(1) of the Income Tax Regulations provides: (1) Under paragraph (a) of subsection (1) of section 11 of the Act, there is hereby allowed to a taxpayer, in computing his income from a business or property, as the case may be, deductions for each taxation year equal to * * * [Page 217] Patent, Franchise, Concession or Licence (c) Such amount as he may claim in respect of property of class 14 in Schedule B not exceeding the lesser of (i) the aggregate of the amounts for the year obtained by apportioning the capital cost to him of each property over the life of the property remaining at the time the cost was incurred, or (ii) the undepreciated capital cost to him as of the end of the taxation year (before making any deduction under this subsection for the taxation year) of property of the class; * * * Class 14 of Schedule B reads: Property that is a patent, franchise, concession or licence for a limited period in respect of property but not including (the exclusions are irrelevant). ... Solicitors for the appellant: Duquet, MacKay, Weldon, Bronstetter, Willis & Johnston, Montreal. ...   [1] [1967] 2 Ex. C.R. 84, [1967] C.T.C. 150, 67 D.T.C. 5103. [2] [1965] 2 Ex. ...

Section 11(1) (b) reads: “(1) Notwithstanding paragraphs (a), (b) and (h) of subsection (1) of section 12, the following amounts may be deducted in computing the income of a taxpayer for a taxation year (b) such amount as an allowance in respect of an oil or gas well, mine or timber limit, if any, as is allowed to the taxpayer by regulation,’’ Subsections (1) and (4) of Regulation No. 1201 provide that: “(1) Where the taxpayer operates an oil or gas well or where the taxpayer is a person described as the trustee in subsection (1) of section 73 of the Act, the deduction allowed for a taxation year is 3314 per cent of the profits of the taxpayer for the year reasonably attributable to the production of oil or gas from the well. ’ ’ ‘ 1 (4) In computing the profits reasonably attributable to the production of oil or gas for the purpose of this section a deduction shall be made equal to the amounts, if any, deducted from income under the provisions of section 538 of chapter 25 of the Statutes of 1949, Second Session, in respect of the well.” Section 53 is as follows: “ (1) A corporation whose principal business is the production, refining or marketing of petroleum or petroleum products or the exploring and drilling for oil or natural gas, may deduct, in computing its income for the purposes of The Income Tax Act, the lesser of (a) the aggregate of the drilling and exploration costs, including all general geological and geophysical expenses, incurred by it, directly or indirectly, on or in respect of exploring or drilling for oil and natural gas in Canada (i) during the taxation year, and (ii) during previous taxation years, to the extent that they were not deductible in computing income for a previous taxation year, or (b) of that aggregate an amount equal to its income for the taxation year (i) if no deduction were allowed under paragraph (b) of subsection one of section eleven of the said Act, and (ii) if no deduction were allowed under this subsection, minus the deduction allowed by section twenty-seven of the said Act.’’ ...

They do not, therefore, measure up to the standard imposed by s. 8   of the Charter  . ... A provision authorizing such an unreviewable power would clearly be inconsistent with s. 8   of the Charter  . ... It is, therefore, not necessary in this case to consider the relationship between s. 8   and s. 1  . ...

The auditor ascertained that 15 per cent of the net annual profit before taxes of Campbell Limited’s consolidated operations in all cities was: 1965 — $   37,745 1966 — $119,710 [Page 1067] Out of the latter sum of $119,710, paid to Independent, a portion was distributed by Independent to the respondent, Steele and Symon as a bonus. ... The Minister in assessing the respondent included in his income for: 1965 — $12,581.67 1966 — $15,403.33 which amounts represented a one-third portion of the moneys paid by Campbell Limited to Independent which had not been distributed by Independent and which had not been included in his income for his 1965 and 1966 taxation years. ... Solicitors for the respondent: Owen, Bird & McDonald, Vancouver.   [1] [1967] 1 All E.R. 518, p. 528. ...