Gujarat Court June 1972 Judgments
Commissioner of Income-tax, Gujarat I Vs. Ahmedabad Rana Caste Associa ...
Court: Gujarat
Decided on: Jun-30-1972
Reported in: [1973]88ITR354(Guj)
Bhagwati, C.J.1. This reference arises out of assessments made on the assessee for the assessment years 1960-61, 1961-62 and 1962-63, the relevant accounting years being the financial years ending 31st March, 1960, 31st March, 1961, and 31st March, 1962. During the relevant accounting years the assessee which is an association of persons held diverse properties under legal obligation for the purposes set out in its constitution. The purposes, in so far as they are material for the present reference, were as follows and here we are giving an English translation of the relevant clauses of the constitution accepted by both parties : '3. The objects and functions of this institution shall be as under : (1) to manage the immovable and movable properties of the Rana community of the city of Ahmedabad; (2) to do such acts as would spread education in the community and to render all possible help in that connection; (3) to render medical assistance to the community; (4) to do acts which wo...
Tag this Judgment!Commissioner of Wealth-tax, Gujarat Ii Vs. Kantilal Manilal
Court: Gujarat
Decided on: Jun-28-1972
Reported in: [1973]90ITR289(Guj)
Bhagwati, C.J.1. These three references arise out of assessments to wealth-tax made on the same assessee for the assessment years 1960-61, 1961-62 and 1962-63. They raise identical questions of law and it would, therefore, be convenient to dispose of them by a common judgment. 2. The first question of law which has been referred for our opinion by the Tribunal pursuant to the direction given by this court is as follows : 'Whether, the deduction admissible is in respect of tax payable pursuant to the relevant return filed by the assessee or whether such deduction is admissible in respect of tax as finally determined on assessment ?' 3. The answer to this question is concluded by a decision given by us to-day in Wealth-tax Reference No. 3 of 1970 and other allied references. We must hold in accordance with that decision that the tax liability admissible as a deduction in computing the net wealth of the assessee must be taken to be the amount of tax as finally determined on assessment and...
Tag this Judgment!Commissioner of Wealth-tax, Gujarat-ii Vs. Kantilal Manilal
Court: Gujarat
Decided on: Jun-27-1972
Reported in: [1973]88ITR125(Guj)
Bhagwati, C.J. 1. These references raise a common question of law for determination and it would, therefore, be convenient to dispose them of by a single judgment. The question of law which arises for determination may be broadly stated as follows : 2. While determining the net wealth of an assessee for a particular assessment year, liability for income-tax, wealth-tax or gift-tax for that assessment year or any earlier assessment years is undoubtedly to be deducted as a debt owed by the assessee on the relevant valuation date, even though it is not assessed until after the relevant valuation date, but how is it to be computed Is it to be taken at the figure computed on the basis of the return submitted by the assessee or is it to be taken at the figure determined on assessment, where the assessment has taken place after the relevant valuation date but before the computation of net wealth in the wealth-tax assessment What would be the quantumn of the liability, where the assessment to ...
Tag this Judgment!Valjibhai Lalabhai and ors. Vs. the Municipal Corporation of the City ...
Court: Gujarat
Decided on: Jun-22-1972
Reported in: AIR1973Guj211; (1973)0GLR307
1. This appeal is directed against the judgment and decree of the learned Judge, City Civil Court, 9th Court, Ahmedabad, dismissing the plaintiffs' suit with costs. 2. The facts giving rise to this appeal in a nut-shell are as under:--The plaintiff are the permanent resident living in the municipal limits of the city of Ahmedabad and carrying on occupation of keeping milch cattled and selling milk. They has kept their cattle sheds within the municipal limits of the city of Ahmedabad and were personally looking after them. However, the defendants Municipal Corporation of the city of Ahmedabad issued notices dated 26-12-1963, 7-3-1964 and 26-3-1964 respectively asking them to remove their milch cattle within two months, from the walled city Ahmedabad, failing which they were threatened wit prosecution. The plaintiff therefore, filed a suit alleging that the notice issued by the defendants- Municipal Corporation were illegal, unauthorised and beyond the powers under the Bombay Provincial ...
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