Gujarat Court February 2008 Judgments
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Harikrishna Family Trust Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Feb-25-2008
Reported in: (2008)216CTR(Guj)331; [2008]306ITR303(Guj)
D.A. Mehta, J.1. The Tribunal, Ahmedabad Bench 'C, has referred the following three questions at the instance of the assessee applicant under Section 256(2) of the IT Act, 1961 (the Act):1. Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the rental income earned by the assessee trust was 'income from business' and not 'income from house property' or 'income from other sources' ?2. Whether, on the facts and circumstances of the case, the rental income from the hire of the building is taxable as 'income from other sources' or 'income from house property' or 'income from business' ?3. Whether, the Tribunal was right in law in holding that the assessee was doing business on the facts of the case ?2. The relevant assessment years are 1986-87, 1987-88 and 1989-90. The assessee, a trust, came into existence vide trust deed dt. 13th Dec, 1982. On 18th Jan., 1983, a lease-deed was executed between the owners of one partly constructed property at W...
Cit Vs. Natvarlal Purshottamdas Parekh
Court: Gujarat
Decided on: Feb-25-2008
Reported in: (2008)219CTR(Guj)509; [2008]303ITR5(Guj)
D.A. Mehta, J.1. The Tribunal, Ahmedabad Bench 'A' has referred the following two questions for the opinion of this Court under Section 256(1) of the Income Tax Act, 1961 (the Act') at the instance of the Commissioner, Rajkot.1. Question in RA No. 461/Ahd/1996Whether, the Tribunal has correctly appreciated the facts on record thereby deleting the penalty of Rs. 2,61,193 levied under Section 271D of the Income Tax Act?2. Question in RA No. 462/Ahd/1996Whether, the Tribunal has correctly appreciated the facts on record thereby deleting the penalty of Rs. 7,70,778 levied under Section 271E of the Income Tax Act ?2. The assessment year is 1991-92. During course of assessment proceedings the assessing officer noticed that the assessee, who carries on business of money lending and trades in jewellery, has accepted various loans/deposits from different parties and repaid such loans/deposits to different parties in contravention of provisions of Sections 269SS and 269T of the Act respectively....
Majevadi Tel-Biya Uatpadak Sahakari Mandali Ltd. and 9 Ors. Vs. the St ...
Court: Gujarat
Decided on: Feb-21-2008
Reported in: (2008)2GLR1390
Jayant Patel, J.1. Rule. Ms. Trusha Patel learned AGP waives service of notice of rule for the respondent authority. With the consent of the learned Counsel appearing for both the sides the matter is finally heard today.2. The only aspect which arises for consideration is whether after interim order for liquidation is passed and opportunity is given for submission of the explanation, whether opportunity of hearing is required to be given by the District Registrar before passing final order of liquidation or not.3. The short fact appears to be that the District Registrar, Junagadh had issued show-cause notice to the petitioner society before passing interim order of winding up. The society had submitted reply, however, the explanation submitted by the society was not accepted, and the interim order of winding up was passed by the District Registrar. The society also carried the matter before the Additional Registrar against the interim order of winding up. In the meantime on 18.03.2003 ...
Paras Pharmaceuticals Ltd. Vs. Ranbaxy Laboratories Ltd. and 2 ors.
Court: Gujarat
Decided on: Feb-21-2008
Reported in: AIR2008Guj94; (2008)3GLR1963; LC2008(2)395; 2008(38)PTC658(Guj)
K.A. Puj, J.1. The appellant-Original Plaintiff has filed this Appeal From Order under Order 43 Rule 1(r) of the Civil Procedure Code challenging the order dated 25th October, 2007 passed in the application Exh. 6/7 filed in Regular Civil Suit No. 2201 of 2007 by the learned (Auxi.) Chamber Judge, City Civil Court, Ahmedabad, thereby dismissing the application for temporary injunction.2. Mr. Y.J. Trivedi, learned advocate along with Senior Counsel Mr. Mihir Joshi appears on behalf of the appellant and Mr. Pranav G. Desai appears on Caveat along with Senior Counsel Mr. Mihir J. Thakore on behalf of respondent. With the request of the parties, this Appeal is taken up for final hearing.3. It is the case of the appellant that the appellant is a Company incorporated under the Companies Act, 1956 and engaged in the business of manufacturing and marketing pharmaceutical products and some prominent products of the appellant company are;1. MOOV a pain reliever ointment2. Stopache-ache reliever ...
Nachmo Knitex Limited Vs. the Abhiyog Holdings Private Limited
Court: Gujarat
Decided on: Feb-21-2008
Reported in: [2008]172CompCas512(Guj)
K.A. Puj, J.1. The petitioner has filed this petition under Section 433 and 434 of the Companies Act, 1956 for winding up of the respondent-Company. 2. This Court has issued Notice on 13th September, 2007. On service of Notice respondent- Company has filed its appearance through its advocate Mr.R.S.Sanjanwala. An Affidavit in reply was filed by the respondent-Company on 17/22nd October, 2007. Considering the said affidavit-in-reply, the Court has passed an order on 24th October, 2007 and observed that outstanding dues principally are not in dispute and Mr.Sanjanwala learned Counsel appearing for the respondent-Company further declared before the Court that the financial position of the Company is such that the assets are much lower than the liability. The Court, therefore, admitted the petition and order of advertisement was passed directing the petitioner to publish the advertisement in two newspapers namely, Indian Express and Sandesh both Ahmedabad editions and publication in the Go...
Nitaben Nareshbhai Patel Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-21-2008
Reported in: 2008GLH(1)556; (2008)1GLR884
Anant S. Dave, J.1. Rule.2. Learned Advocates appearing for the Respondents waive service of Rule in all these writ petitions.3. All these writ petitions involve common question of law and submissions made by the learned Advocates appearing for the petitioners as well as respondents are almost similar in the context of the subject-matter of the petition, all the writ petitions are decided finally by common order as agreed by all concern.4. Before dealing with factual aspects, considering the nature of controversies about powers of competent authority under the Act to correct or cancel entry recorded in the register of Births and Deaths and to what extent correction and cancellation can be made in the said register, it is necessary to refer to statutory provisions of the Act, Rules and also guidelines framed by the respective Government in this regard.All the writ petitions under Article 226 of the Constitution of India involves mainly three different statutes namely Registration of Bir...
The Kalupur Commercial Co-operative Bank Ltd. Vs. O.L. of Navrang Synt ...
Court: Gujarat
Decided on: Feb-20-2008
Reported in: [2008]143CompCas115(Guj)
K.A. Puj, J.1. The applicant Kalupur Commercial Co-operative Bank Ltd., has taken out this Judge's Summons praying for the following orders;(A) Your Lordship may be pleased not to confirm the sale of the property of the company (in liquidation) situated at Plot No. 267/P i.e. land admeasuring 20,639 sq.meters, situated at Mouje village Iyava (Vasna), Taluka: Sanand, Dist. Ahmedabad and further be pleased to restrain the Official Liquidator from executing the sale deed or any other documents in favour of any third person, since the said property has been conveyed in favour of the applicant Bank by executing an irrevocable Power of Attorney dated 4.9.2001 and 16.4.2004 in favour of the applicant Bank as security towards the credit facilities. (B) Your Lordships may be pleased to further hold and declare that, by virtue of the said charge being created by the said persons, the applicant Bank has become the sole secured creditor of the company (in liquidation) qua the subject property and ...
Rasilaben Shivshankar Joshi Wd/O. Shivshankar H. Joshi and 6 ors. Vs. ...
Court: Gujarat
Decided on: Feb-19-2008
Reported in: 2008GLH(1)766
M.R. Shah, J.1. Criminal Misc. Application No. 5662 of 2007 is filed by the applicants heirs and legal representatives of the original accused respondent in Criminal Appeal No. 77 of 1995 Shivshankar Harjivanrai Joshi for an appropriate order for abatement the proceedings of Criminal Appeal No. 77 of 1995 in view of the death of original respondent Shivshankar Harjivanrai Joshi on 19.12.2006. Along with the application death certificate issued by the competent authority of Botad Nagarpalika is annexed. Thus, it appears that the original respondent in Criminal Appeal No. 77 of 1995 has expired during the pendency of criminal appeal. 2. Criminal Appeal No. 77 of 1995 is filed by the State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code challenging the judgment and order of acquittal dated 27.10.1994 passed by the learned Special Judge, Bhavnagar in Special (ACB) Case No. 1 of 1998 acquitting the respondent original accused for the offences punishable under Section 161 o...
Commissioner of Income Tax Vs. Dinesh Mills Ltd.
Court: Gujarat
Decided on: Feb-19-2008
Reported in: (2008)215CTR(Guj)440; [2008]302ITR164(Guj)
D.A. Mehta, J.1. The Tribunal, Ahmedabad Bench 'B' has referred the following question under Section 256(1) of the IT Act, 1961 (the 'Act') at the instance of the CIT:Whether, the Tribunal is right in law and on facts in quashing the order passed by CIT under Section 263 of the Act whereby he had directed the AO to disallow interest of Rs. 2,63,658 payable on excise refund?2. The assessment year is 1986-87. Assessment for the assessment year in question came to be framed vide assessment order dt. 31st March, 1989. The Commissioner of Income-tax, Baroda (the CIT) issued show cause notice under Section 263 of the Act on the following ground:The interest payable on excise refund amount to Rs. 2,63,658 has been claimed and allowed as a deductible item, the same being a statutory liability needs to be disallowed under Section 43B.After considering the submissions of the assessee the CIT came to the conclusion that the amount of Rs. 2,63,658 should not have been allowed as a deduction while ...
Cit Vs. Pankaj Dhirajlal Dhruve
Court: Gujarat
Decided on: Feb-19-2008
Reported in: [2008]305ITR332(Guj)
D.A. Mehta, J.1. The Tribunal, Ahmedabad Bench 'C has referred the following question under Section 256(2) of the Income Tax Act, 1961 (the 'Act') at the instance of the Commissioner:Whether in the facts and circumstances of the case the interpretation of two circulars of the CBDT dated 22-9-1965 and 6th (sic-1st) Jan., 1984 about the limit of expenses to be allowed as deduction in respect of commission earned by an agent of Life Insurance Corporation who does not keep books of account is justified in law 2. The assessment year is 1991-92. The relevant accounting period is financial year ended on 31-3-1991. While finalising assessment under Section 143(3) of the Act on 9-10-1991 the assessing officer computed the total income of the assessee, an LIC agent, at a sum of Rs. 2,51,332. In the process the assessing officer allowed deduction of Rs. 65,718 at the rate of 40 per cent on the commission for the first year and Rs. 22,793 at the rate of 15 per cent on renewal commission from gross...
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