Gujarat Court June 1976 Judgments
Rambhai Jethabhai Patel Vs. Commissioner of Income-tax, Gujarat-i
Court: Gujarat
Decided on: Jun-28-1976
Reported in: [1977]108ITR771(Guj)
Divan, C.J.1. In this case, at the instance of the assessee, the following three questions have been referred to us by the Income-tax Appellate Tribunal for our opinion : '(1) Whether the Tribunal was justified in holding that on the date on which the assessee had filed application under section 113 of the Act, the assessment for the assessment year 1962-63 was not pending (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the Income-tax Officer was justified in not allowing the assessee to exercise the option under section 113 of the Act for the assessment year 1962-63 (3) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the status of the assessee was resident but not ordinarily resident ?' 2. The short facts leading to this reference are as follows : The assessment year under reference is assessment year 1962-63, the relevant previous year being the financial year 1961-62. The as...
Tag this Judgment!Commissioner of Income-tax, Gujarat-i Vs. Mafatlal Chandulal and Co. L ...
Court: Gujarat
Decided on: Jun-28-1976
Reported in: [1977]107ITR489(Guj)
B.J. Divan, C.J.1. This reference has been made under section 19 of the Super Profits Tax Act, 1963, at the instance of the revenue. The two questions which have been referred to us for our opinion are : '(1) Whether, on the facts and in the circumstances of the case, the sum of Rs. 3,31,069 standing in the provision for taxation account on December 31, 1961, was includible in computing the capital of the company for the purposes of the Super Profits Tax Act, 1963 (2) Whether, on the facts and in the circumstances of the case, the sum of Rs. 2,13,600 standing in the proposed dividend account of December 31, 1961, was includible in computing the capital of the company for the purposes of the Super Profits Tax Act, 1963 ?' The facts leading to this reference may now be stated. The assessment year under consideration is 1963-64, the relevant previous year being the calendar year ended December 31, 1962. The assessee-company was after the relevant dates amalgamated with Messrs. M.G. Inves...
Tag this Judgment!- ‹ Prev
- Next ›