Gujarat Court September 2015 Judgments
All Gujarat Federation of Tax Consultants Vs. Central Board of Direct ...
Court: Gujarat
Decided on: Sep-29-2015
Oral Judgment Harsha Devani, J. 1. Rule. Mrs. Mauna Bhatt, learned senior standing counsel waives service of notice of rule on behalf of the respondents. 2. Having regard to the controversy involved in the present case and the urgency of the matter as discussed hereinafter, the court has heard the matter finally. 3. By this petition under Article 226 of the Constitution of India, the petitioners seek the following substantive reliefs : [13] The petitioner, therefore, prays :- [a] that this Hon'ble Court may be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, directing that the respondent hence forth, make any alternations in Forms and Utilities or changes in tax compliance requirements, applicable from the A.Y. subsequent to the A.Y. in which such alterations are introduced. [b] that this Hon'ble Court may be pleased to issue a writ of certiorari, or any other appropriate writ, order or direction holding the impugned announcement dated 9/9/2015 as...
Tag this Judgment!Surat Urban Development Authority Vs. Deputy Commissioner of Income-ta ...
Court: Gujarat
Decided on: Sep-22-2015
Harsha Devani, J. 1. Rule. Mrs. Mauna Bhatt, learned senior standing counsel, waives service of notice of rule for the respondents. Having regard to the controversy involved in the present case and considering the view that the court is inclined to take in the matter, the matter was taken up for final hearing and is disposed of by this judgment. 2. The petitioner is an urban development authority performing functions under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 and the rules framed thereunder. By an order dated 14.2.2007 passed by the Commissioner of Income Tax-II, Surat the petitioner was granted registration under section 12A of the Income Tax Act with effect from 1.4.2002. Subsequently, for assessment years 2009-10, 2010-11 and 2011-12, the matters were taken up for scrutiny and assessment orders came to be passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") computing the income of the petitioner as 'Nil...
Tag this Judgment!Jamnagar Area Development Authority Vs. Principal Commissioner of Inco ...
Court: Gujarat
Decided on: Sep-22-2015
Harsha Devani, J. 1. Leave to delete respondents No. 5 to 7. 2. Rule. Mrs. Mauna Bhatt, learned senior standing counsel for the respondents waives service of notice of rule on behalf of the respondents. Having regard to the controversy involved in the present case and considering the view that the court is inclined to take in the matter, the matter was taken up for final hearing and is disposed of by this judgment. 3. By this petition, the petitioner prays for quashing and setting aside of the impugned communication order dated 2.7.2015 (Annexure-P to the petition) whereby the petitioner has been informed that its application for stay of demand is rejected and it is directed to pay the entire outstanding demand of Rs.1,92,73,490/- in twelve equal monthly instalments of Rs.16 lakh each. 4. The facts stated briefly are that the petitioner is an urban development authority discharging duties under the provisions of the Gujarat Town Planning and Urban Development Act. In relation to assess...
Tag this Judgment!Pri.Commissioner of Income-tax-1 Vs. Consumer Marketing (India) (P.) L ...
Court: Gujarat
Decided on: Sep-21-2015
Harsha Devani, J. 1. In this appeal under section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), the appellant - revenue has challenged the order dated 30.03.2015 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench "B" in ITA No.2125/Ahd/2011 by proposing the following two questions, stated to be substantial questions of law : "[1] Whether the Appellate Tribunal has substantially erred in upholding the decision of the CIT (A) in deleting the addition of Rs.8,33,252/- made on account of disallowance of interest under section 36(1)((iii) of the Act? [2] Whether the Appellate Tribunal has substantially erred in upholding the decision of the CIT (A) in deleting the addition of Rs.55,94,825/- made on account of disallowance under section 40(a)(ia) of the Act ?" 2. The assessment year is 2008-09 and the relevant accounting period is the previous year 2007-08. The assessee filed return of income on 30.10.2008 declaring total income of Rs.80,79,294/-. The cas...
Tag this Judgment!Ravjibhai Rajput Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Sep-14-2015
Cav Judgment: 1. By this writ petition under Article 226 of the Constitution of India, the petitioner, serving as the Gallery Attendant, Class IV, has prayed for the following reliefs: 7(A) This Hon'ble Court be pleased to issue a writ of mandamus or any other writ, order or direction in form of writ of mandamus directing the Respondents to forthwith consider services of the petitioner to have been regularized with effect form 25.07.2002 and further be pleased to direct the Respondents to pay to the petitioner benefits that are due pursuant to such regularization of the petitioner's services from 25.07.2002 in light of judgment passed by this Hon'ble Court dated 22/08/2013 in Letters Patent Appeal No.635 of 2013; (B) The Hon'ble Court be pleased to award interest at the rate of 12% on the amount that has remained unpaid on salary and other benefits that ought to have been paid to the petitioner as a full time Gallery Attendant, Class-IV of Bhuj Museum with effect from 25.07.2002. (C) T...
Tag this Judgment!Kolasani Sai Yaswanth Reddy Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Sep-07-2015
Oral Judgment: N.V. Anjaria, J. 1. Whether Rule 7(1)C(4) of Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) (Amendment) Rule, 2015, extracted hereinbelow in its material part, stand valid on the touchstone of Article 14 of the Constitution, and whether it has in its operation, a rational nexus with the objects sought to be achieved thereby, are the forefront questions posed for consideration in the present petition. 7 Admissions A B C Non-resident Indian Seats (4) Admission on the Non-Resident Indian seats shall be given by the management of the respective Professional Medical Educational College or Institution on the basis of inter-se merit list of the candidates (total theory marks obtained in Physics, Chemistry an Biology subject only), who have applied for admission against the Non-Resident Indian Seats in the following manner, namely:- (i) The Candidate who is Non-Resident Indian as also the candidate whose parents and in the absenc...
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