Gujarat Court April 1976 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Gujarat Ginning and Mfg. Co. Ltd. Vs. Commissioner of Income-tax, Guja ...
Court: Gujarat
Decided on: Apr-05-1976
Reported in: [1977]107ITR590(Guj)
B.J. Divan, C.J. 1. In this case, at the instance of the assessee, the following question has been referred to us for our opinion : 'Whether, on the facts and in the circumstances of the case, the assessee-company is entitled to deduction of the entire amount of interest paid on the mortgage of the buildings and machineries under section 24(1)(iii) of the Income-tax Act, 1961 ?' 2. We are concerned in this case with assessment years 1962-63 to 1967-68, the relevant previous years being calendar years 1961 to 1966. During the accounting years relevant to the assessment years under reference, the assessee-company paid interest on the amount of loan secured by the mortgage of properties, the annual value of which was included in its total income and the mortgage was on the properties together with the machineries kept in those properties. The assessee-company claimed deduction of the entire amount of interest for the mortgage and in this connection he wanted relief under section 24(1)(iii...
Patel Mohanlal Prabhudas and ors. Vs. Bai Rai Wd/O. Patel Jethabhai Ki ...
Court: Gujarat
Decided on: Apr-05-1976
Reported in: (1977)18GLR442
S.H. Sheth, J.1. The plaintiff filed the present suit for recovering possession of the mortgaged property on the ground that the mortgage-debt had been extinguished under the Bombay Agricultural Debtors Relief Act, 1947. They alternatively prayed for redemption of mortgage and possession of the suit land in case the Court held that the mortgage debt was not extinguished. S. No. 228, admeasuring 2 acres and 20 gunthas of village Mitha Dharva of Chanasma Taluka in Mehsana District is the suit land. The mortgage was executed on 8th May 1945 for a sum of Rs. 1600/- and is evidenced by deed, Ex. 23. Patel Jethabhai Kishordas, the original plaintiff, was the mortgagor. Patel Prabhudas Purshottamdas, the father of defendants Nos. 1 and 2 and Patel Chelabhai Madhabhai, defendant No. 3 were the mortgagees.2. It was contended by the defendants in defence that the transaction in question was a sale and not a mortgage, that the mortgage was executed in order to recover a sum of Rs. 800/- from Pate...
Kansara Mohanlal Kanji Vs. Chhipa Darji Nathubhai
Court: Gujarat
Decided on: Apr-02-1976
Reported in: (1977)18GLR398
C.V. Rane, J.1. The respondent-plaintiff, hereinafter referred to as the plaintiff, had filed a suit being civil suit No. 208 of 1969 in the court of the Civil Judge, Junior Division, Jamnagar to recover possession of the suit premises situate within the limits of the city of Jamnagar, on the ground of non-payment of rent and also on the ground that, the premises had not been used without reasonable cause for the purpose for which they were let for a continuous period of six month immediately preceding the date of the suit. The learned Joint Civil Judge, Junior Division, Jamnagar held that, the plaintiff was not entitled to recover possession of the suit premises on the ground of non-payment of rent. He, however, took the view that the defendant had not used the suit premises without reasonable cause for the purpose for which they were let for a continuous period of six month immediately preceding the date of the suit, and passed a decree for eviction. The appeal preferred by the defen...
Commissioner of Income-tax, Gujarat-iii Vs. Tarun Commercial Mills Co. ...
Court: Gujarat
Decided on: Apr-01-1976
Reported in: [1977]107ITR172(Guj)
B.K. Mehta, J.1. The assessment year under reference is 1968-69, the corresponding previous year being the calendar year 1967. The assessee is a public limited company having a textile mill at Ahmedabad. It debited cloth kharajat account in its trading books with an amount of Rs.18,247 with a view to make provision for payment to the Textile Commissioner for non-fulfilment of export obligations undertaken for the use of 'sanforized' trade mark. The Income-tax Officer held that the said payment was by way of penalty and, therefore, could not be considered as incidental to carrying on of the business. He, therefore, disallowed the said expenditure by his assessment order of February 25, 1970. There were other claims and contention advanced on behalf of the assessee before the Income-tax Officer with which we are not concerned in this reference. The assessee being dissatisfied with the order of the Income-tax Officer carried the matter in appeal before the Appellate Assistant Commissioner...
Sarabhai Chemicals Ltd., Baroda Vs. Ambaram Amtharam Patel
Court: Gujarat
Decided on: Apr-01-1976
Reported in: [1977(35)FLR15]; (1977)0GLR455; (1978)ILLJ105Guj
P.U. Mehta, J.1.The petitioner herein is the company registered under the Indian Companies Act and is engaged in the business of manufacturing chemicals and pharmaceutical. By this petition it has prayed a writ for quashing aside the orders passed by the Controlling Authority as well as the appellate authority under the Payment of Gratuity Act, 1972, (which is hereinafter referred to as 'the Act'), directing it to pay a sum of Rs. 6,720 as gratuity to the respondent. 2. Short facts which form the background of this case are that the respondent, Ambaram Amtharam Patel, joined the services of the petitioner-company at Baroda on 13th November, 1959 as chemist. He worked as chemist from the year 1959 to 1973. On 1st January, 1974 he was appointed as the section head of the Quality Control department. His pay upto 31st March, 1974 was Rs. 960 per month but from 1st April, 1974, he was getting the salary of Rs. 1,050 per month. In the meanwhile, i.e., on 16th September, 1972 when he was stil...
- ‹ Prev
- 1
- Next ›