Court : Gujarat
Reported in : (2005)199CTR(Guj)223; (2005)3GLR2218; [2006]281ITR19(Guj)
..... chemicals ltd. v. commissioner of income tax, : [1986]158itr636(guj) (ix) commissioner of income tax, west bengal-ix v. dhanraj dugar, : [1982]137itr350(cal) (x) commissioner of income tax v. pushpraj singh, : [1998]232itr754(mp) (xi) sri krishna dairy and agricultural farm v. commissioner of income tax, : [1988]169itr291(ap) and(iii) commissioner of income tax v. markapakula agamma, : [1987 ..... learned counsel for the revenue that in such a case as the present one, according to the provisions of section 55 of the income-tax act, 1961, where cost cannot be ascertained, the fair market price has to be taken into consideration because the very basis of capital ..... income tax v. markapakula agamma, : [1987]165itr386(ap) was once again called to resolve almost a similar controversy between the assessee and the revenue. there the assessee was a protected tenant and acquired rights in the land itself by virtue of section 40(4) of the andhra pradesh (telangana area) tenancy and agricultural lands act .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)193CTR(Guj)140
..... inescapable that the land had lost the character as agricultural ?(2) whether, in view of the tests laid down by the several decisions including the decisions of the gujarat high court in the case of cit v. sharifabibi mohmed ibrahim : [1982]136itr621(guj) and the decision in the case of ..... that the reference is pertaining to 1993.2. the following three questions have been referred for the opinion of this court under section 27(2) of the wt act, 1957 ('the act'), by the tribunal ahmedabad bench 'c', at the instance of cwt, gujarat iv, ahmedabad :'(1) whether the tribunal has not reached an erroneous conclusion in law ..... in holding that the land in question was agricultural in character, when for several reasons and in view of decisions of the courts on the points, the conclusion was .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR551
..... once an assessment is validly reopened by issuance of notice under section 22(2) of the 1922 act (corresponding to section 148 of the act) the previous under assessment is set aside and the ito has the jurisdiction and duty to levy tax on the entire income that had escaped assessment during the previous year. what is set aside is, thus, only the ..... . the full bench of the high court had in its judgment held that actual user of the land for agricultural purposes was not necessary for making it an agricultural land and it was sufficient if the land could have been put to agricultural use. the judgment of this court was rendered only on 6.8.1976, long after the reopening of the ..... assessment by the ito in the present case. thus, when he invoked section 147(a) of the act, the aforesaid judgment of the full bench of the andhra pradesh .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)187CTR(Guj)576
..... of the instant case that decision would otherwise also not be applicable because the legislature had added explanation 8 to section 43(1) of the income tax act, 1961, by finance act, 1986, with retrospective effect from 1-4-1974.5. having heard the learned counsel for the revenue, there being no appearance on behalf ..... and pumps running on wind energy(xiv) biogas plants and biogas engines(xv) electrically operated vehicles including battery powered or fuel-cell powered vehicles.(xvi) agricultural and municipal waste conversion devices producing energy(xvii) equipment for utilising ocean waves and thermal energy(xviii) machinery and plant used in the manufacture of ..... electrically operated vehicles which thereby do not consume the conventional fuel like petrol or diesel. sub-item (xvi) also refer to energy produced by conversion of agricultural or municipal wastes. sub-item (xvii) refers to energy generated by utilising ocean waves and sub-item (xviii) refers to machinery and plant used for .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]267ITR266(Guj)
..... , but in the facts of the instantcase that decision would otherwise also not be applicablebecause the legislature has added explanation 8 tosection 43(1) of the income-tax act, 1961 by finance act,1986 with retrospective effect from 1.4.1974.5. having heard the learned counsel for the revenue,there being no appearance on behalf of therespondent-assessee, we are of the ..... run onwind mills (xiii) any special devices includingelectric generators and pumpsrunning on wind energy (xiv) biogas plants and biogas engines (xv) electrically operated vehiclesincluding battery powered orfuelcell powered vehicles. (xvi) agricultural and municipal wasteconversion devices producingenergy (xvii) equipment for utilizing oceanwaves and thermal energy (xviii) machinery and plant used in themanufacture of any of the abovesub-items. a bare perusal of .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR906
..... among the living is no longer called for (see salmond on jurisprudence, 12th edn., p. 443)' thereafter, the court while analysing section 159 of the income tax act,1961 states thus : the basic scheme underlying this provision, which extends the legal personality of a deceased person for the purpose of assessment of ..... that any adverse order had been made which would prejudice their interest. 8.2 in relation to the third contention regarding conversion of the land from agricultural to non-agricultural, it was submitted that the position in law was well settled. that once an order was made by the competent authority granting permission for such conversion ..... petitioner and the petitioner society purchased the land for a consideration of rs.21,000/-. thereafter, the petitioner applied for conversion of the said land into non-agricultural land on 6/9/1975 and the district development officer, district panchayat, ahmedabad vide his order dated 29/11/1995 granted permission to convert the said land .....
Tag this Judgment!Court : Gujarat
Reported in : II(2004)ACC214; 2004ACJ172; AIR2003Guj327; (2003)3GLR2018
..... income-tax returns filed by him, which were placed on record, and after deducting the personal expenses which the deceased would have incurred on himself, and after taking into consideration the rise in future income, the tribunal assessed the loss of dependency benefit at rs. 1,50,000/- per annum by way of loss of business income and also loss of agricultural income ..... filed the written statement contesting the claim petition on merits and also indicating its desire to avail of the permission under section 170 of the act without expressly praying for it through an application. the apex court considered an identical contention regarding implied permission under section 170, which came to ..... of law about maintainability of the appeals filed by the insurance company under section 173 read with sections 149 and 170 of the motor vehicles act, 1988, which preliminary contention is raised in the above-numbered civil applications, the appeals as well as the civil applications are heard together and .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]135TAXMAN272(Guj)
..... an assessment is to be made under the act, so as to mean the last date of the previous year as defined in section 3 of the income tax act, if an assessment were to be made under that act for that year, subject to what has been ..... exempted 'one building or one group of buildings owned by a cultivator of, or receiver of rent or revenue out of, agricultural land' subject to the proviso that the building is on or in the immediate vicinity of the land and is required by ..... as on 1-1-1971, in order to give consequential reliefs to the assessee in the relevant years.2.2 the wealth tax officer challenged the decision of the commissioner (appeals), before the tribunal and the tribunal, upholding the decision of the commissioner (appeals ..... r.k. abichandani, j.the income tax appellate tribunal, ahmedabad bench 'c' has referred the following question of law for the opinion of this court under the provisions of section 27 of the wealth tax act, 1957 :'whether, on the facts and in the circumstances of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)188CTR(Guj)14; [2004]267ITR54(Guj)
..... which an assessment is to be made under the act, so as to mean the last date of the previous year as defined in section 3 of the income-tax act, if an assessment were to be made under that act for that year, subject to what has been mentioned ..... exempted 'one building building or one group of buildings owned by a cultivator of, or receiver of rent or revenue out of, agricultural land' subject to the proviso that the building is on or in the immediate vicinity of the land and is required by the ..... a natural person and, therefore, it was not entitled to claim the benefit of section 7(4) of the act.2.1 the commissioner of wealth-tax (appeals), in the appeal preferred by the assessee held that, the principle of estoppel was not applicable against the ..... and, therefore, the benefit of this provision should be allowed to the assessee in respect of the said house. the wealth-tax officer, however, negatived the claim on the ground that at no time in the past, the assessee had claimed this property to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj124
..... should not be construed in a narrow and pedantic sense but should be given a large and liberal interpretation'. 'further, in navinchandra mafatlal v. commissioner of income-tax, bombay city : [1954]26itr758(sc) this court expressed the rule of interpretation, as follows:'the cardinal rule of interpretation, however, is that words should be ..... to say, rights in or over land, land tenures including the relation of landlord and tenant, and the collection of rents, transfer and alienation of agricultural land improvement and agricultural loans; colonization.' 'para 40. the legislation, in question, can be broadly stated to be a legislation in regard to land. as pointed out ..... payment of contribution fixed by the town planning officer. it was further submitted that the betterment charge or incremental contribution levied under the said act is not tax.2.7 in view of the aforesaid facts, the plaintiff stated that the defendants are liable to pay the incremental contribution to the local .....
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