Court : Gujarat
..... outset, it is required to be noted that in the present petitions, the petitioners have challenged the impugned notices / summonses issued under section 201 of the income tax act. the learned counsel appearing on behalf of the revenue has raised objection against the maintainability and/or entertainability of the present petitions against the show cause notice. ..... of law that ordinarily the petition against the show cause notice would not be entertained particularly when the petitioners are having adequate statutory remedy under the income tax act itself. in support of his above submission he has heavily relied upon the decision of this court in the case of inox air products ltd versus ..... extend to protect from the effect of a repeal, a privilege which did not amount to accrued right (page 392)." "30. in the case of national agricultural co-operative marketing federation of india ltd. and another, v. union of india and others reported in air 2003 sc 1329, the hon'ble supreme court has .....
Tag this Judgment!Court : Gujarat
..... was awarded a final compensation of rs 2,10,361 on 7-7-1967. the land in question is not agricultural land and has not been subjected to agricultural operations. the capital gains are chargeable to income tax. the value as on 1-1-1954 is estimated at rs 1000 per acre and the total value of the ..... delhi) was cited, for the proposition that in its writ jurisdiction, the scope of proceedings before the court while considering a notice under section 147/148 of the income tax act, 1961, is limited. the court cannot enter into the merits of the subjective satisfaction of the assessing officer or judge the sufficiency of the reasons recorded, but ..... act holding that a sum of rs. 2,43,934/- was payable as tax and initiated penalty proceedings. on appeal by the assessee, the commissioner of income tax (appeals) held that the ito could not have had any reason to believe that there was escapement of income as there was no material whatever at that time to indicate that the lands were non-agricultural .....
Tag this Judgment!Court : Gujarat
..... [1] scale 125, wherein the hon'ble supreme court has considered the phrase gainful employment and held that when the respondent was earning some amount from agricultural pursuits to maintain himself, the labour court was not justified in holding that it could not be treated as engaged in gainful employment. it is further ..... to remuneration, so also the payment received by workman towards union activities for conducting cases of workmen cannot amount as remuneration under section 17-b of the act and that statutory mandate is in favour of the workman and, therefore, contrary is required to be proved by employer. thereby, plea of the company ..... held that gainful employment would also include self-employment wherefrom income is generated. income either from employment in an establishment or from self- employment merely differentiates the sources from which income is generated, the end use being the same. ii kamla nehru memorial hospital v. vinod kumar .....
Tag this Judgment!Court : Gujarat
..... finance bill 2008 on this subject matter are reproduced below :- notes on clauses to finance bill 2008 :- "clause 15 seeks to amend section 80-ib of the income-tax act, which relates to deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings. sub-section (9) of the said section provides ..... 1964 sc 1581. (vii) legislature is empowered to cure the statute and such curative statute is always valid when there is no finality in the judicial procedure. national agricultural co-op marketing federation of india v. union of india (2003) 5 scc 23. (viii) even in the case of pending assessment, if the legislature makes ..... liable to be struck down. cawasji and co. v. state of mysore 150 itr 648); rai ramakrishna and others v. state of bihar 50 itr 171; national agricultural cooperative marketing federation of india ltd v. union of india (2003) 5 scc 23. (iii) an explanation cannot take away a statutory right given to any person .....
Tag this Judgment!Court : Gujarat
..... finance bill 2008 on this subject matter are reproduced below :- notes on clauses to finance bill 2008 :- "clause 15 seeks to amend section 80-ib of the income-tax act, which relates to deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings. sub-section (9) of the said section provides ..... 1964 sc 1581. (vii) legislature is empowered to cure the statute and such curative statute is always valid when there is no finality in the judicial procedure. national agricultural co-op marketing federation of india v. union of india (2003) 5 scc 23. (viii) even in the case of pending assessment, if the legislature makes ..... liable to be struck down. cawasji and co. v. state of mysore 150 itr 648); rai ramakrishna and others v. state of bihar 50 itr 171; national agricultural cooperative marketing federation of india ltd v. union of india (2003) 5 scc 23. (iii) an explanation cannot take away a statutory right given to any person .....
Tag this Judgment!Court : Gujarat
..... in confirming the additions under section 69 of the income-tax act, 1961 in the hands of the appellant - huf on substantive basis? (2) whether, under the facts and circumstances of the case, the itat was right in law in confirming erroneous estimate of agricultural income made by the respondent and further confirming the quantum of agricultural income based on inaccurate method of calculating the same?" 3 ..... . before we address ourself on the questions, we may briefly state the facts as under:- 4. the common facts are that the search operations were conducted by the income tax authorities under section 132 of the income tax act (hereinafter referred to as the 'act') on 26.09.1996 at the .....
Tag this Judgment!Court : Gujarat
..... be relevant to advert to the factual scenario, which emerges as follows; 5. a search and seizure was carried out in the case of assessee under section 132 of the income tax act, 1961 ('the act', for short) on 02.07.2002. pursuant thereto, the assessee was issued a notice under section 158bc of the ..... rs. 4.60 lacs was deleted observing that though the assessee had failed to produce supporting evidence, for mere absence of supporting evidence, it cannot be held that such agricultural income did not exist. such observation again, in our opinion, would amount to reopening the closed issues of addition sustained upto the level of the tribunal. surely, the tribunal, while ..... submitted that the ao had levied penalty of rs.12,83,290/- u/s. 158bfa(2) of the act as the assessee had failed to pay the tax on the undisclosed income fully. the assessee had failed to pay the tax on the undisclosed income fully. the assessee had paid tax only of rs.7,36,000/- as against rs.12,83,293/- on undisclosed .....
Tag this Judgment!Court : Gujarat
..... filed denying that he was engaged in the printing business, clarifying that he was doing printing business only as job work. he had filed income tax return for the assessment year 201213, where his business income was shown to be rs.41,199/per year. it was also contended that the application itself is not maintainable. along with his affidavit, ..... a share in the ancestral property along with his brother and four sisters, each one was to receive rs.1,31,000/from the brother, who had retained agricultural lands of the family. since the brother did not have good relations with the sisters, he had routed their shares also through the respondent-husband. such amounts were ..... the husband had filed family suit no.50 of 2007 before the family court, ahmedabad, seeking decree of divorce under section 13 (1) of the hindu marriage act, 1955 (the act for short) on various grounds. the family court disposed of such suit by judgment dated 7th june 2011. husband's family suit was allowed in part. prayer .....
Tag this Judgment!Court : Gujarat
..... workers employed works out to about 33, which is much more than minimum number of workers i.e. 10, prescribed under section 80(2)(iv) of the income tax act, 1961. even otherwise, we state that on an average over the year we are employing more than 30 workers in our processing units at isnapur. we have ..... v. state of rajsthan and ors,- 1990 suppl.) scc 742 to contend that for the purposes of section 2(1)(i) and the schedule of the act, the expression "agricultural produce" is an inclusive definition which could even include processed items from foodgrains. thus processed foodgrains on becoming seeds, as alleged by the respondents would all ..... as under: "5. after considering the rival submissions and going through the material on record, we find that the assessee is engaged in processing and distribution of agricultural seeds. the assessee purchases and supplies foundation seeds to growers and the same are cultivated by agriculturists in their fields and they are offered to assessee to purchase .....
Tag this Judgment!Court : Gujarat
..... circumstances of the case, the appellate tribunal has erred in law in deleting the addition made by the assessing officer under section 32b(6) of the income-tax act, 1961?" tax appeal no. 454 of 2000 "1. whether on the facts and in the circumstances of the case, the appellate tribunal has substantially erred in law ..... ) in the case of an assessee carrying on business of growing and manufacturing tea in india, the national bank for agriculture and rural development established under section 3 of the national bank for agriculture and rural development act, 1981 (61 of 1981); (ii) in the case of other assessees, the industrial development bank of india established ..... under the industrial development bank of india act, 1964 (18 of 1964) and includes such bank or institution as may .....
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