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FCTD
Her Majesty the Queen v. E J Piggott Enterprises Limited, [1973] CTC 65
The plaintiff also alleges that by reason of further sales and deliveries of such equipment and supplies in the period from August 1, 1966 to the end of 1967 the company became further liable for sales tax at 12%, making a tax liability of $715.55, which the company neglected, failed or refused to pay (paragraph 5 of the Information); and that by reason of non-payment of that liability the company became liable to penalties that amounted to $159.79 to April 30, 1970 (paragraph 6), In the Information the plaintiff alleges that the amounts remaining unpaid and owing to Her Majesty by the defendant were: Penalties to August 12, 1968, $ 602.10 Tax unpaid 715,55 Penalties on said tax to April 30, 1970 159.79 Total $1,477,44 and the plaintiff claims: (a) payment of that sum of $1,477. 44: (b) payment of additional penalties and interest accruing under the Act, until judgment; (c) costs. ...
FCTD
E H Price Limited v. Her Majesty the Queen, [1982] CTC 355, [1982] DTC 6320
He adds that “construing the words ‘at any time’ literally and out of context means the Crown could commence proceedings today to collect tax due on a transaction back in 1915 — clearly an unreasonable result.” ...
FCTD
Fairey (R.N.) v. M.N.R., [1991] 1 CTC 371
., salary] for a taxation year from an office or employment. (6) For the purposes of paragraph 1(m), a taxpayer's “ contribution limit” for a taxation year under subparagraph 1(m)(i) or (ii) in respect of a registered pension fund or plan means such amount as is designated by the taxpayer in his return of income for the year to be his contribution limit for the year under subparagraph (1)(m)(i) or (ii), as the case may be, in respect of that fund or plan, not exceeding however the amount, if any, by which $3,500 exceeds the aggregate of amounts each of which is his contribution limit for the year under subparagraph (1)(m)(i) or (ii), as the case may be, in respect of any other such fund or plan. (8) Where an amount has been contributed by a taxpayer to or under a registered pension fund or plan... ...
FCTD
Iula v. The Queen, 94 DTC 6614, [1994] 2 CTC 328 (FCTD)
Coopers & Lybrand Limited in its capacity as Trustee in Bankruptcy of [Indexed as: Hawboldt Hydraulics Inc. ... The taxpayer's revenues from “manufacturing and processing", using its own machinery and equipment, in the relevant taxation years are indicated below: Taxation Activities Year Chrome Repair and Re-manufacturing Application Manufacturing Parts Labour Total 1982 sub-contracted $213,751 $ 75,093 $159,556 $234,649 1983 $17,454 $121,524 $148,124 $220,058 $368,182 The revenues from repair and remanufacturing represented approximately 52 per cent and 72 per cent, respectively, of the total revenues received by the taxpayer in the 1982 and 1983 taxation years from manufacturing or processing (including "chrome applications”) for work described in categories (c) and (d). ...
FCTD
Thibodeau Family Trust v. The Queen, 78 DTC 6376, [1978] CTC 539 (FCTD)
Although we think that the explanation of the case by Lord Sumner in the Egyptian Delta case [1929] AC 1; 98 LJKB 1; 140 LT 50; sub nom Todd v Egyptian Delta Land & Investment Co, Ltd, 14 TC 119: Digest Supp produces, in effect, that result, nevertheless, the passage which we have cited above from Lord Cave’s speech seems to us to show that, in his opinion, residence in England could be supported, though the “central control and management’’ was concentrated in Sweden. ... They said: *... Clearly someone has a duty to do something about this absurd and unjust situation. ...
FCTD
Denison Mines Ltd. v. MNR, 71 DTC 5375, [1971] CTC 640 (FCTD), aff'd 72 DTC 6444 (FCA), aff'd 74 DTC 6525 (SCC)
When market conditions make it practicable and when the A and B reefs have been gone over the second time, which means that 50 % of the pillars is removed, then at that future time the D, E and F reefs will be mined simultaneously. ... Because the subsidiary was without a backlog of security the bank insisted upon a guarantee of the subsidiary’s indebtedness by the appellant, but it was Con-Ell that contracted the debt as principal and the appellant acted as guarantor only and the appel- lant also acted as guarantor of Con-Ell to Central Mortgage & Housing Corporation with which corporation Con-Ell contracted directly. ...
FCTD
Lutheran Life Insurance Society of Canada v. The Queen, 91 DTC 5553, [1991] 2 CTC 284 (FCTD)
In February 1976 a senior officer of the Life Insurance Division of the Department of Insurance wrote to the Society about its practice in respect to financing its fraternal activities and advised in part "... it would be appropriate for the society to establish a separate and distinct fraternal fund", a practice said by the writer to be contemplated by the Canadian and British Insurance Companies Act, since it appeared from the Society's report that it had the “intent... to accumulate a substantial fund for fraternal purposes”. ... The reason for this was that the closing of our 1978 books was delayed when our tax advisors, Clarkson, Gordon & Co., surprised us with the news that Income Tax would not be payable from 1978 onward. ... I have requested that a tax specialist from Clarkson, Gordon & Co. be present at our meeting to explain this rather complicated procedure to the Board this morning. ...
FCTD
Norman A. Mintzer v. Her Majesty the Queen, [1995] 1 CTC 220, 95 DTC 5131
Zhelka, [1967] 2 O.R. 565, 64 D.L.R. (2d) 457; Smith, Stone & Knight Ltd. v. ... Additionally, in Smith, Stone & Knight Ltd. v. Birmingham Corp., [1939] 4 All E.R. 116 (K.B.), Atkinson J. came to the conclusion that a parent company could sue the persons responsible for damage caused to one of its subsidiaries. ... At page 87 of his text Construction of Statutes (2nd ed. 1983), Driedger fittingly summarizes the basic principles: "... the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act and the intention of Parliament". ...
FCTD
Smith v. The Queen, 87 DTC 5355, [1987] 2 CTC 138 (FCTD)
There were 64,000 issued and outstanding common shares without par value of Amherst Quarries (1969) Limited, held as follows: $ H.M. ...
FCTD
Asamera Oil (Indonesia) Ltd. v. The Queen, 73 DTC 5274, [1973] CTC 305 (FCTD)
Article 6 Associates of Asamera (a) Asamera has the right to associate with it under this Agreement Plymouth Oil Company of Pittsburgh, Pennsylvania and/or Benedum-Trees Oil Company and/or Hiawatha Oil & Gas Company and/or any subsidiary (or successor of said companies acceptable to Asamera). ()b Asamera shall have the right to associate any other parties under this Agreement only with the express approval of Permina. ...