Gujarat Court January 1992 Judgments
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Commissioner of Income-tax Vs. Girdharlal Vithaldas
Court: Gujarat
Decided on: Jan-08-1992
Reported in: (1992)103CTR(Guj)306; [1992]196ITR316(Guj)
R.C. Mankad, Actg. C.J.1. The assessee is a registered partnership firm carrying on business of manufacture of isabgol, etc. It also carries on business in jeera, cola and other articles and as general merchant. The assessee also exported isabgol. In the year of account relevant to the assessment year 1977-78, the assessee had incurred expenditure of Rs. 5,744 by way of commission paid to D. Abraham and Sons (P.) Ltd. and Rs. 1,05,691 by way of interest paid to the bank in packing credit account. It claimed export markets development allowance or, in other words, weighted deduction in respect of the said expenditure and other expenditure with which we are not concerned in this reference under section 35B of the Income-tax Act, 1961 ('the Act' for short). The Income-tax Officer disallowed the claim made by the assessee and his decision was confirmed by the Commissioner of Income-tax (Appeals) ('the Commissioner' for short), in the appeal. However, the Income-tax Appellate Tribunal ('the...
Commissioner of Income-tax Vs. Jay Industries
Court: Gujarat
Decided on: Jan-08-1992
Reported in: (1992)104CTR(Guj)196; [1992]196ITR313(Guj)
R.C. Mankad, Actg. C.J.1. The assessee is a registered partnership firm engaged in manufacture and export of Isabgol and export and import of edible oil. The assessee had exported Isabgol products to foreign countries through commission agents. In the course of income-tax assessment for the assessment years 1978-79, 1979-80 and 1980-81, the assessee had claimed export markets development allowance or in other words, weighted deduction under section 35B of the Income-tax Act, 1961 ('the Act' for short), in respect of certain items of expenditure including expenditure incurred by it by way of payment of interest to the bank on packing credit. The controversy involved in this reference is confined to interest paid to the bank on packing credit and, therefore, we need not set out other items of expenditure in respect of which the assessee had claimed weighted deduction. It appears that the assessee had maintained with its bank an export packing credit loan account and advances from this ac...
Arvind Mills Ltd. Vs. Income-tax Officer
Court: Gujarat
Decided on: Jan-08-1992
Reported in: [1993]200ITR762(Guj)
M.B. Shah, J. 1. By the order dated January 12, 1981, the Income-tax Officer, Circle II, Ahmedabad, rejected the petitioner's application for grant of interest under section 214 of the Income-tax Act as it was applicable for the assessment year 1973-74. It was held that under section 2(40) regular assessment would not include the order passed by the appellate authority and section 214 does not provide, for grant of interest in respect of excess advance tax paid as modified from time to time as a result of appeal, rectification, revision, etc. An appellate order cannot be termed as a regular assessment and any refund arising as a result of the appellate order cannot be considered to be a refund of advance tax. In this petition, the petition has challenged the aforesaid order by filing this petition. 2. For deciding the contentions in this petition in would be necessary to refer to the relevant facts. The relevant assessment year in this petition is 1973-74 which corresponds to the calen...
R. Deepakchandra and Company Vs. Commissioner of Income-tax and anr.
Court: Gujarat
Decided on: Jan-07-1992
Reported in: [1992]195ITR45(Guj)
M.B. Shah, J.1. The petitioner has challenged the order dated May 6, 1983, passed by the Commissioner of Income-tax, Surat, rejecting his application under section 273A(4) of the Income-tax Act, 1961, by merely stating that 'the penalty under section 271(1)(c) of the Act for the assessment year 1980-81 cannot be reduced or waived' and also the complaint filed against the petitioner under sections 276C and 277 of the Income-tax Act, 1961.2. It is the case of the petitioner that for the assessment year 1980-81, the Income-tax Officer, Circle II, Ward-E, Surat, passed an order dated March 30, 1982, under section 143(3) of the Income-tax Act. As per the said order, the assessee has posted a credit entry of Rs. 36,000 on Kartik Sud 3 of S. Y. 2035 in the name of R. T. Shah and Co. without there being any ledger account for the said party. In the order, it is mentioned that there is no such R. T. Shah and Co. Therefore, a show-cause notice was issued under section 143(2) of the Income-tax Ac...
Ramjibhai Morarbhai Patel Vs. Additional Development Commissioner and ...
Court: Gujarat
Decided on: Jan-07-1992
Reported in: (1992)2GLR1204; (1993)2GLR1713
S.D. Shah, J.1. The petitioner in Special Civil Application No. 412 of 1991 is Ramjibhai M. Patel, Sarpanch of Manud Gram Panchayat, Patan Taluka of Mehsana District. The petitioner in Special Civil Application No. 413 of 1991 is Shankarbhai N. Patel who is Upa-Sarpanch of said Gram Panchayat.2. Both these petitions are directed against the order of suspension passed by the District Development Officer, Mehsana-the second respondent herein on 12-10-1987 under Section 51(1) of the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'the said Act'). The said order of suspension was challenged by the petitioner in each petition by preferring appeal to the Additional Development Commissioner-the respondent No. 1 herein under Section 51(3) of the said Act and said order of suspension is confirmed by the appellate authority by judgment and order, dated 29-12-1990.3. Being aggrieved by the order passed by the Additional Development Commissioner on 29-12-1990 confirming the order of the D...
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