Gujarat Court September 2001 Judgments
Natwarlal Shankerlal Prajapati Vs. State of Gujarat
Court: Gujarat
Decided on: Sep-27-2001
Reported in: (2001)4GLR3614
B.C. Patel, J.1. Special Civil Application is preferred by a tenant who is in possession of land bearing survey no.1515/1/3 paiki admeasuring 14.33 sq.mtr. situated in Mansa Town of Mehsana District (now Gandhinagar District). He has challenged the award made by the Land Acquisition Officer on 18.6.99 in L.A.Q.Case no. 5/98 which is annexed to the petition at Annexure `C'. The petitioner has contended that though he was heard under Sec. 5-A of the Land Acquisition Act (hereinafter referred to as the Act), notice under Sec. 9(3) was not given. The Collector is required to cause a public notice as contemplated under Sub-sec.1 of Sec. 9, however, Sub-sec.3 of Sec.9 being relevant is reproduced hereunder :' (3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorized to receive service on their behalf, w...
Tag this Judgment!Commissioner of Income-tax Vs. Sarabhai Chemicals Pvt. Ltd.
Court: Gujarat
Decided on: Sep-26-2001
Reported in: [2002]254ITR625(Guj)
D.A. Mehta, J. 1. At the instance of the Commissioner of Income-tax, the Income-tax Appellate Tribunal, Ahmedabad Bench 'C', has referred the following question of law for the opinion of this court:'Whether, the Appellate Tribunal is right in law in allowing reduction of Rs. 2,69,194 on account of property income ?'2. The assessment year is 1979-80 and the relevant accounting period is commencing from July 1, 1977, and ending on June 30, 1978. The assessee entered into an agreement for sale on February 28, 1977, whereby the industrial undertaking and the business of the assessee were transferred to one Eiscop (P.) Ltd.; pursuant to the aforesaid agreement for sale, a deed of assignment was executed on June 28, 1977. Immovable properties which were part and parcel of the industrial undertaking were transferred under a duly executed registered document on February 2, 1978. In view of these facts, the Income-tax Officer was of the view that as the assessee was the legal owner of the prope...
Tag this Judgment!Commissioner of Income-tax Vs. Manilal Tarachand
Court: Gujarat
Decided on: Sep-26-2001
Reported in: [2002]254ITR630(Guj)
D.A. Mehta J. 1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'A', has referred the following question for the opinion of this court :'Whether, the Tribunal is right in setting aside the order made by the Commissioner of Income-tax under section 263 of the Income-tax Act, 1961 ?'2. The assessee is an individual. For the assessment year 1973-74, the relevant accounting period is Samvat Year 2028. The Income-tax Officer assessed the assessee under section 143(3), read with section 147(a) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). In the reassessment order, the Income-tax Officer brought to tax long-term capital gains in relation to the compensation (including solatium) received, in the land acquisition proceedings, which admittedly the assessee had not disclosed in his return of income for the year under consideration.3. However, it is pertinent to note that the amount received by the assessee had been returned by the assessee in his return of income for th...
Tag this Judgment!Commissioner of Gift-tax Vs. Dipak A. Sheth
Court: Gujarat
Decided on: Sep-26-2001
Reported in: [2002]254ITR235(Guj)
D.A. Mehta, J. 1. The Income-tax Appellate Tribunal, Ahmedabad Bench 'B', has referred at the instance of the Commissioner of Gift-tax, the following question of law for the opinion of this court:'Whether in law and on facts the gift of Rs. 1 lakh was not taxable under the provisions of the Gift-tax Act, 1958 ?'2. The assessment year is 1982-83 and the relevant accounting period is year ended on March 31, 1982. On December 28, 1982, the assessee filed a return ofgift showing the value of taxable gift at Rs. 29,180. In the said return of income, the assessee also claimed exemption under Section 5(1)(ii) of the Gift-tax Act, 1958 (hereinafter referred to as 'the Act'), in relation to a sum of Rs. 1 lakh gifted by him at Srinagar. The say of the assessee was that as the gift had taken place in the State of Jammu and Kashmir it fell outside the scope of the Gift-tax Act by virtue of the provisions of Section 5(1)(ii) of the Act. Some undisputed facts are : that the assessee had transferred...
Tag this Judgment!Spl. Laq Officer Vs. Ramanbhai Haribhai
Court: Gujarat
Decided on: Sep-26-2001
Reported in: (2002)4GLR3196
B.C. Patel, J.1. These appeals are preferred under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) read with Section 96 of the Civil Procedure Code.2. In view of the order passed by Division Bench on 26.7.00, the Record and Proceedings were ordered to be called for and these appeals were ordered to be fixed for final hearing. The short and only question raised by the learned A.G.P. appearing in the matter is that the amount of compensation awarded is excessive and, relying on the award made by the Civil Judge (S.D.) Godhra, the Reference Court has committed an error in awarding the compensation. The learned advocates requested to dispose of the appeals on a short ground; namely the decision with respect to the lands situated at Katol has been delivered by Reference Court earlier and has been confirmed on 23.4.01, in appeals preferred by the State.3. The lands in question covered under the first group of appeals being F.A. Nos. 1221 of 2000 to 1229 of 2...
Tag this Judgment!Cit Vs. Sarabhai Chemicals (P) Ltd.
Court: Gujarat
Decided on: Sep-26-2001
Reported in: [2001]119TAXMAN611(Guj)
Mehta, J. At the instance of the Commissioner, the Tribunal, Ahmedabad Bench 'C', has referred the following question of law for the opinion of this court :'Whether, the Appellate Tribunal is right in law in allowing reduction of Rs. 2,69,194 on account of property income ?'2. The assessment year is 1979-80 and the relevant accounting period is commencing from 1-7-1977 and ending on 30-6-1978. The assessee entered into an agreement for sale on 28-2-1977 whereby the industrial undertaking and the business of the assessee were transferred to one Elscop (P) Ltd.; pursuant to the aforesaid agreement for sale a deed of assignment was executed on 28-6-1977. Immovable properties which were part and parcel of the industrial undertaking were transferred under duly executed registered document on 2-2-1978. In view of these facts, the Income Tax Officer was of the view that as the assessee was the legal owner of the property in question, till conveyance was duly registered, proportionate property...
Tag this Judgment!Cit Vs. Manilal Tarachand
Court: Gujarat
Decided on: Sep-26-2001
Reported in: (2001)170CTR(Guj)466
ORDERAssessing officer failed to initiate penalty proceeding under section 271(1)(c)--Capital gains not disclosed by assessee in relevant assessment yearCatch Note:The assessing officer assessed assessee under section 143(3) read with section 147(a), in reassessment order, assessing officer brought to tax long-term capital gains, in relation to compensation received, in land acquisition proceedings, which assessee had not disclosed in his return of income for year under consideration--The assessee disclosed long-term capital gain in assessment year 1975-76 when compensation amount was received by assessee--Commissioner, initiated proceedings under section 263 stating that assessment order framed under section 143(3) read with section 147, was erroneous and prejudicial to interest of revenue as Income Tax Officer had failed to mention point regarding initiation of penalty proceedings under section 271(1)(c) on account of concealment of income or furnishing inaccurate particulars of inco...
Tag this Judgment!Tata Iron and Steel Co. Ltd. Vs. Fleetweld (India) Ltd.
Court: Gujarat
Decided on: Sep-25-2001
Reported in: [2003]115CompCas431(Guj); [2004]50SCL27(Guj)
N. G. Nandi, J.1. By this petition under Sections 433 and 434 of the Companies Act, 1956, the petitioning creditor prays for winding up of the respondent-company.2. The say of the petitioner is that the petitioner-company is an unsecured creditor, that the respondent-company--Fleetweld (India) Ltd., was established as a public limited company on July 1, 1991, having its registered office situated at 42/43, Tapovan Society, Nizampura, Vadodara, to manufacture and/or to fabricate and to deal at national and international level in plant and machinery for welding consumables and equipment and offer them on turnkey basis or otherwise. That between January, 1994, and March, 1994, the petitioner had supplied EQ Wire rods against the post-dated cheque facility to the said company. The post-dated cheque No. 184747 dated March 31, 1994, for Rs. 23,50,000 and the post-dated cheque No. 197179 dated May 30, 1994, for Rs. 11,87,000 drawn by the respondent-company in favour of the petitioner, on pres...
Tag this Judgment!Commissioner of Gift Tax Vs. Arunbhai Hargovandas Patel
Court: Gujarat
Decided on: Sep-25-2001
Reported in: (2003)179CTR(Guj)420; [2003]264ITR586(Guj)
M.S. Shah, J. 1. This is a reference made by the Tribunal under Section 26 of the GT Act, 1958. At the instance of the Revenue, the following question is referred for the opinion of this Court in respect of asst. yr. 1975-76 : 'Whether, on the facts and in the circumstances of the case, the assessee was liable to gift-tax under the GT Act, 1958 ?' 2. We have heard Mr. B.B. Naik learned counsel for the Revenue and Mr. M.J. Shah learned counsel for the respondent-assessee. 3. The assessee along with five others including assessee's brother was carrying on business in the name and style of M/s Abadi & Co. under partnership deed dt. 10th April, 1971. The assessee had 22 per cent share in the said firm while his brother had 15 per cent share. As the assessee wanted to be a qualified chartered accountant, he retired from the said firm on 26th Oct., 1973, i.e., at the end of S.Y. 2029 after withdrawing his capital from the firm. A new deed of partnership was executed on 16th Nov., 1973, to ca...
Tag this Judgment!Commissioner of Wealth Tax Vs. Chinubhai Haridas (Huf)
Court: Gujarat
Decided on: Sep-25-2001
Reported in: (2003)179CTR(Guj)162
D.A. Mehta, J. 1. The Tribunal, Ahmedabad Bench 'C', has referred the following question for the opinion of this Court : 'Whether, in law and on facts the reversionary value of land was to be included while working out the valuation of the property specially when the property was rented out ?' 2. The assessment years are 1975-76 to 1978-79. The assessee-HUF was the owner of an immovable property known as 'H.A. Market', Kalupur, Ahmedabad. The said property is occupied since long by tenants and there has been no increase in the rent payable by the said tenants. The assessee had accordingly returned the value of the aforesaid property for the wealth-tax purposes at Rs. 3,22,000 for all the four years. However, the WTO adopted the values at Rs. 4,84,000, Rs. 5,00,400, Rs. 5,18,500 and Rs. 5,38,200, respectively for the four years. The enhanced value was arrived at by including the reversionary value of the land on which the property is situate. 3. Being aggrieved, the assessee went in app...
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