Gujarat Court January 1992 Judgments
Commissioner of Income-tax Vs. City of Ahmedabad Spg. and Mfg. Co. Ltd ...
Court: Gujarat
Decided on: Jan-31-1992
Reported in: [1992]198ITR424(Guj)
R.C. Mankad, Actg. C.J.1. The Income-tax Appellate Tribunal ('the Tribunal' for short) has referred to us, for our opinion, the following question : 'Whether, on the facts and in the circumstances of the case, the sum of Rs. 25,519 was a proper deduction from the total income ?' 2. The assessee is a company deriving income by way of licence fees' from its house property. It also carries on a business in utilizing its weighing machine. The assessment year under reference is 1977-78. The assessee has incurred expenditure of Rs. 31,519 claimed to have been incurred in carrying on its business. So far as the house property was concerned, the assessee had separately shown the expenditure incurred by it. The Income-tax Officer, however, held that the aforesaid expenditure of Rs. 31,519, deduction whereof was claimed from the business income, was incurred both for the business and the house property. The Income-tax Officer estimated expenditure of Rs. 6,000 out of the said expenditure as attr...
Tag this Judgment!Bharatkumar Bansilal Choksi Vs. Central Board of Direct Taxes and anr.
Court: Gujarat
Decided on: Jan-31-1992
Reported in: (1992)103CTR(Guj)8; [1992]196ITR212(Guj)
R.C. Mankad, Actg. C.J. 1. The petitioner is an individual whose main source of income is partnership share from Messrs. Munsilal Shankarlal. There was delay in the filing of his returns of income for the assessment years 1974-75, 1975-76, 1976-77, 1981-82 and 1985-86. The Income-tax Officer levied penalty under section 271(1)(a) and section 273 and interest under section 139(8) and section 217 of the Income-tax Act, 1961 ('Act' for short), for the assessment years 1974-75 to 1976-77. He levied interest under section 139(8) and section 217 of the Act for assessment year 1981-82. So far as the assessment year 1985-86 was concerned, he levied interest under section 139(8) and section 217 of the Act. There is nothing on record to indicate whether any penalty was levied on the petitioner under section 271(1)(a) and section 273 of the Act for the assessment years 1981-82 and 1985-86. The petitioner made a common application under section 273A of the Act for waiver of penalty and interest le...
Tag this Judgment!Cheldas Khushaldas Patel and ors. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Jan-31-1992
Reported in: (1992)103CTR(Guj)1; [1992]196ITR200(Guj)
R.C. Mankad, Actg.C.J.1. Petitioner No. 1 in Special Civil Application No. 3583 of 1989 is a partnership firm carrying on business as a tobacco commission agent. Petitioners Nos. 2, 3 and 4 are partners in the said firm ('the firm' for short). The firm was duly registered under the relevant provisions of the Income-tax Act, 1961 ('the Act' for short). The firm and its partners had prepared statements of their income and returns for the assessment years 1976-77 to 1979-80 in time and handed them over to their income-tax practitioner. An application under Form No. 12 for continuance of registration of the firm was duly signed and the same was also handed over to the income-tax practitioner in time for each of the said assessment years. Advance tax also had been paid in due course. The income-tax practitioner engaged by the petitioners, however, did not file their returns for the said assessment years within the prescribed time. The petitioners on coming to know that their returns were no...
Tag this Judgment!Lallubhai Jogibhai and ors. Vs. the Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Jan-31-1992
Reported in: 1992CriLJ2355
K.J. Vaidya, J.1. The petitioners herein who came to be preventively detained pursuant to the various orders of detention under Section 3(2) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (For short-COFEPOSA) as briefly indicated in the table appended below and on the basis of which only some proceedings against them by way of various notices under Section 6 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Properties) Act, 1976 (for short-SAFEMA) came to be initiated, have by way of group of these 7 writ petitions challenged the same under Articles 14, 19, 21, 22 and 226 of the Constitution of India, inter alia praying for two reliefs by way of issuance of the writ of certiorari quashing and setting aside (i) the order of detention passed under COFEPOSA; and (ii) the impugned notices issued against them.2. The relevant particulars regarding each of the petitions having a bearing on the decision of the case are set out and indexed i...
Tag this Judgment!Rustom Spinners Ltd. Vs. Commissioner of Income-tax
Court: Gujarat
Decided on: Jan-30-1992
Reported in: [1992]198ITR351(Guj)
R.K. Abichandani, J.1. The assessee filed a return of income on June 4, 1982, for the assessment year 1982-83, showing loss of Rs. 40,282. By the assessment order dated March 27, 1985 passed under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Officer taxed an amount of Rs. 6,94,232 under the head 'Short-term capital gains' on the ground that the assessee had acquired the right under the sale agreement dated August 12, 1980, to a consideration of Rs. 5 lakhs and subsequently received surplus of Rs. 9 lakhs on the assignment of rights so acquired and, therefore, that receipt was a capital gain and further that the assessee had incurred expenses amounting to Rs. 2,05,768 partly for acquiring the rights and partly for assignment thereof. The Income-tax Officer held that the receipt of Rs. 9 lakhs by the assessee as the assignment charge of its rights was a capital gain which was a short term capital gain. In the appeal filed by the assess...
Tag this Judgment!Makdum Abdul Majid Shaikh Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jan-29-1992
Reported in: (1992)2GLR1183
S.D. Dave, J.1. By filing the present Habeas Corpus petition, under Articles 19, 21, 26 and 226 of the Constitution of India, the petitioner-detenu Makdum Abdul Shaikh challenges the orders of detention passed by the District Magistrate, Bharuch, the respondent No. 2 herein, dated 7th August, 1991 at Annexure 'A', directing that the petitioner be preventively detained under the PASA 1985 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.2. Questions For Adjudication: Two questions presented before us for our examination and adjudication, drawn up on a wider canvass appear to be:(1) Would an unexplained unreasonably long period elapsing between the date (s) of incidents (s) and the date of the passing of the Order of Detention, usually termed as 'Unexplained Inordinate Delay' snaps the nexus between the incident (s) and the order vitiating the latter?(2) Is there or can there be a 'Hard & Fast Rule' as to what is the length of time which...
Tag this Judgment!Saurashtra Cement and Chemical Industries Ltd. Vs. Income-tax Officer
Court: Gujarat
Decided on: Jan-28-1992
Reported in: [1992]194ITR659(Guj)
R.K. Abichandani, J.1. This group of writ petitions raise a common question as to whether the assessee, in whose case provisional assessment for the purpose of refund is made under section 141A of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'), or who has paid advance tax and/or self-assessment tax, is entitled to refund of the entire tax amount paid by him if, for any reason, the regular assessment becomes time-barred or is annulled. The Division Bench which was seized of these matters found that the question arising in these matters had a far-reaching effect and, therefore, these matters have been referred to the Full Bench. Since the petitions involve a common question, they have been heard together and are being disposed of by this common judgment. 2. Before dealing with the legal contentions raised in these matters, the facts of each these petitions may briefly be set out as under : Special Civil Application No. 6656 of 1987 : The petitioner, Saurashtra Ceme...
Tag this Judgment!Commissioner of Income-tax Vs. Bharat Iron and Steel Industries
Court: Gujarat
Decided on: Jan-28-1992
Reported in: [1993]199ITR67(Guj)
R.C. Mankad, Actg. C.J.1. The assessee is a registered partnership firm running an iron rolling mill and the assessment year under reference is 1974-75, the previous year being the financial year ending on March 31, 1974. The assessee manufactured round bars, square bars, flat bars, octagonal bars, angles and channels from scrap-based ingots produced in electric are furnaces and these products were classified by the Assistant Collector of Central Excise, Bhavnagar, and the Superintendent of Central Excise (Tech.), Bhavnagar, as liable to basic central excise duty under Notification No. 138/75-Central Excises, dated August 29, 1965, as amended by Notification No. 121/69-Central Excise, dated April 29, 1969 and Notification No. 74/72-Central Excises, dated March 17, 1972. The Assistant Collector and the Superintendent of Central Excise, Bhavnagar, also held that the aforesaid rolled products manufactured by the assessees were liable to regulatory duty of excise under Notification No. 144...
Tag this Judgment!Late Manigauri T. Panchal (by Lrs. Babubhai T. Panchal) Vs. Controller ...
Court: Gujarat
Decided on: Jan-28-1992
Reported in: [1992]196ITR517(Guj)
R.K. Abichandani, J.1. An estate duty account was filed by the account was filed by the accountable person, Shri Babubhai Trikamlal Panchal on March 18, 1972, in respect of the estate of late Smt. Manigauri Trikamlal Panchal, who died intestate on March 10, 1971. The assessment was completed the Second Assistant Controller of Estate Duty, Ahmedabad, by his assessment order dated August 17, 1973, passed under section 58(3) of the Estate Duty Act, 1953 (hereinafter referred to as 'the said Act'), and the principal value of the estate liable to duty was computed at Rs. 1,89,862. The estate of the deceased consisted of interest in the partnership firm of Messrs. Trikamlal and Co., ornaments, jewellery, etc. She had also interest in the Hindu undivided family of Trikamlal Panchal which originally consisted of the deceased, her husband, Trikamlal, and son Babulal. The husband of the deceased had expired on March 3, 1964, leaving behind him the deceased and the son. The Assistant Controller o...
Tag this Judgment!Karjan Co-operative Cotton Sales Ginning and Pressing Society Vs. Comm ...
Court: Gujarat
Decided on: Jan-28-1992
Reported in: [1993]199ITR17(Guj)
S.B. Majmudar, J.1. A Division Bench of this court consisting of one of us, R. C. Mankad J., sitting with A. P. Ravani J., has by its order dated March 12, 1986, referred this matter to a larger Bench for reconsideration of the decision of its earlier Division Bench of this court in the case of CIT v. Dascroi Taluka Co-operative Purchase and Sales Union Ltd. : [1980]126ITR413(Guj) . In order to appreciate the scope and ambit of this reference, it will be necessary to note a few relevant introductory facts. The applicant, Karjan Co-operative Cotton Sales Ginning and Pressing Society, Baroda, is the assessee. It is a co-operative society engaged in the business of marketing of cotton. It had filed its return under the Income-tax Act, 1961, for the assessment year 1974-75. In the return filed, it had claimed expenditure of Rs. 2,29,386 said to have been made in giving presents to the members of the society on the occasion of its silver jubilee celebrations. The Income-tax Officer, in the ...
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