Gujarat Court March 1967 Judgments
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Smt. Dhirajben R. AmIn Vs. Commissioner of Income-tax, Gujarat Ii, Ahm ...
Court: Gujarat
Decided on: Mar-10-1967
Reported in: [1968]70ITR194(Guj)
DIVAN J. - This is a reference made at the instance of the assessee by the Tribunal under section 66 (1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act). The assessee is an individual and the assessment years in question are 1955-56, 1956-57, 1957-58 and 1958-59, the corresponding previous years being years ending March 31, 1955, March 31, 1956, March 31, 1957 and March 31, 1958. The following three question have been referred to us by the Tribunal :'(1) Whether on the facts and in the circumstances of the case, the amounts received by the assessee from the Alembic Glass Industries Ltd. and Uday Ltd. could be treated as income and liable to income-tax as such for the assessment years 1955-56 to 1958-59 (both inclusive) ?(2) If the answer to question No. 1 is in the affirmative, whether on the facts and in the circumstances of the case, the said amounts could be treated as income from other sources chargeable under section 12 of the Act, or income chargeable unde...
Distributors (Baroda) Private Ltd. Vs. Commissioner of Income-tax, Guj ...
Court: Gujarat
Decided on: Mar-07-1967
Reported in: [1968]69ITR614(Guj)
Bhagwati, J.1. This reference arises out of an order made upon the assessee under section 23A of the Income-tax Act, 1922, for the assessment years 1957-58, 1959-60, 1960-61 and 1961-62 and raises a short and interesting point. The assessee is a private limited company admittedly governed by the provisions of section 23A and the question at issue is whether the assessee is a company 'whose business consists wholly or mainly in the dealing in or holding of investments' within the meaning of clause (i) of the second Explanation to that section. If it is, the statutory percentage applicable will be 100, whereas,if it is not, the statutory percentage applicable will be 60 and that has a material effect on the tax liability of the assessee. 2. The assessee was incorporated on 11th October, 1941, and its original subscribed and paid up capital was Rs. 2,00,000. It appears that at some point of time prior to 20th May, 1957, - the exact date does not appear on the record - the subscribed and p...
Sanatkumar Bhikhabhai Patel and ors. Vs. the State of Gujarat and ors.
Court: Gujarat
Decided on: Mar-06-1967
Reported in: (1967)8GLR946
Akbar S. Sarela, J.1. The short point arising in this civil revision application is the adequacy of the court fees paid on the plaint of the suit instituted by the opponent No 1.2. The petitioners were defendants Nos. 1 to 5 in the suit instituted by opponent No. 1. Opponent No. 1, the plaintiff, was a creditor of defendant No. 6 who is opponent No. 2 in this civil revision application, I will refer to the parties as plaintiffs and defendants as the case may be. Defendant No. 6 while he was still a debtor of the plaintiff passed a gift deed of the suit property in favour of defendants Nos. 1 to 5 (the petitioners) on 13-1-1963. The suit was to avoid that gift deed. The plaintiff prayed for a declaration that the said gift deed made by defendant No. 6 in favour of defendants Nos. 1 to 5 be declared fraudulent as having been made with intent to defeat his creditors. The plaintiff also prayed that the said gift deed be set aside.3. The plaint was stamped with a fixed court fee of Rs. 30/-...
Commissioner of Income-tax, Gujarat Ii Vs. Chinubhai M. Modi
Court: Gujarat
Decided on: Mar-04-1967
Reported in: [1968]69ITR76(Guj)
Divan, J. 1. This reference has been made by the Tribunal at the instance of the Commissioner of Income-tax under the provisions of the Income-tax Act, 1961 (hereinafter referred to as the Act). The question referred to us is as follows : 'Whether, on the facts and in the circumstances of the case, the interest income of Rs. 5,002 earned by the minor son of the assessee on the amount standing to his credit in the firm of Messrs. Central Watch Company was includible in the assessment of the assessee under section 64(ii) of the Income-tax Act, 1961 ?' 2. This reference arises under the following circumstances : The assessee is an individual. The relevant assessment year is 1962-63, the previous year being S.Y. 2017, i.e., October 21, 1960, to November 8, 1961. The assessee is a partner in a partnership firm called Messrs. Central Watch Co. which carries on business in Ahmedabad. Prior to November 14, 1958, a business in the name of Central Watch Co. was being conducted by a Hindu undivid...
Modi Mohanlal Bhagwandas and anr. Vs. Shah Keshavlal Jethalal
Court: Gujarat
Decided on: Mar-03-1967
Reported in: (1967)8GLR814
N.K. Vakil, J.1. This Civil Revision Application arises out of the judgment given in civil appeal No. 37 of 1962 by the learned Judge of the 8th Court of the Ahmedabad City Civil Court, confirming the judgment and decree of the Small Causes Court at Ahmedabad dismissing the suit of the applicants for recovering possession of the suit premises from their tenant, the present opponent. The petitioners are landlords of the shop bearing M.C. No. Kalupur Ward 1A No. 1754 on Gandhi Road at Ahmedabad which was leased out to the opponent by the predecessors-in-title of the plaintiffs at the monthly rent of Rs. 60/- under a registered rent note in the year 1935. Under the said rent-note, the landlord paid the municipal rates and taxes in respect of the premises. Subsequently, under a rent-note passed to the petitioner on the 28th of April 1947, the premises were leased from the 1st of September 1947 at the monthly rent of Rs. 60/- but as regards municipal taxes new arrangement was arrived at. It...
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