Court : Gujarat
Reported in : (2003)2GLR1281
..... reinstatement has been stayed by this court and thereafter if the workman is doing any labour work, miscellaneous work and thereby receiving any income from any source, namely agricultural income, interest part or any other activities wherein the workman is getting some amount without being employed in any establishment and not receiving any ..... this court as under : '9. in my view, therefore, simply because the petitioner is having some agricultural land or is cultivating the land, is no ground for denying him benefit of section 17b of the act, especially when the government has failed to show that the respondent is in employment of particular employer.' ..... by the workman for his survival during the pendency of the proceedings cannot be taken into consideration while considering an application under section 17b of the act. while considering such an application, miserable condition of the workman concerned who has been dismissed from service before years together has to be taken into .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]129TAXMAN80(Guj)
..... thus, all of the above persons can create, circulate and hold black money.p. 158'thus, the agricultural income affords a great scope for evading the income-tax on black money by introducing the black money as agricultural income.'p. 164'from above discussion, it can be seen that for the purpose of introducing black money as ..... under section 477 punishable for life imprisonment or upto ten years rigorous imprisonment.13.5 since the proceeding before an income tax authority is a judicial proceeding under section 136 of the income tax act within the meaning of sections 193 and 196 of the ipc, false evidence and use of evidence known to be ..... them to adopt methods which would result in serious offences being committed under the income tax act and the indian penal code. the delinquent has overlooked that he is advocating commission of economic of fences. (the income tax act, the wealth tax act, the gift tax act, and fera are included in the schedule of the economic offences in applicability of .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]128TAXMAN166(Guj)
..... determined for the purpose of the levy of the capital gains tax under section 45 in a case where agricultural land is converted into non-agricultural land and then sold for non-agricultural use.2. capital asset as defined in section 2(14) of the income tax act includes property held by the assessee but does not include agricultural land and so long as the property remains an ..... agricultural land, it is, in law, not a capital asset at all.the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)183CTR(Guj)108; [2003]261ITR73(Guj)
..... determined for the purpose of the levy of the capital gains tax under section 45 in a case where agricultural land is converted into non-agricultural land and then sold for non-agricultural use. 2. 'capital asset' as defined in section 2(14) of the income-tax act includes property held by the assessee but does not include agricultural land and so long as the property remains an ..... agricultural land, it is, in law, not a capital asset at all. the .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)190CTR(Guj)363; [2004]269ITR508(Guj)
..... payment received on these bonds are exempt from income-tax under section (10)15)(ia) of the income tax act. he has referred to definition of capital asset contained in sec. 2(14) of the income tax act. he stated that the said definition expressly excludes stock-in-trade, personal effects, some agricultural lands in india, gold bonds and special bearer ..... behalf. i have also considered the definition of gold bond, notification, circular and other aspects in this behalf. i have also considered the provisions of income tax act, wealth tax act, press release, communication relating to gold bond and the various judgments cited by both the sides in this behalf.8. in my view the gold bond ..... my attention to the provisions of the scheme by which the gold bonds issued in 1980, the notification of 19th october, 1965, provisions of wealth tax act and income tax act in this behalf.5.1 for assailing the order of the tribunal, the learned counsel for the assessee has made following submissions:5.2 the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR447
..... raised the plot had been shown as open space, it cannot give right to challenge or prevent the construction.[l] jayamal jayantilal thakor v. chief commissioner of income-tax and ors., reported in 1998 (1) glr 43 was relied upon for the proposition that the high court would not be entitled to pass any order which ..... or reservoir from which a supply of water is derived for a municipal water work. carrying on of any operation of manufacture, trade or agriculture in any manner, or doing of any act whatever, whereby injury may arise to any such lake, tank, well or reservoir or to any portion thereof or whereby the water of any ..... water-bodies. the state government will also constitute the water resources committee headed by the chief secretary which may include the secretaries of environment, urban development and agriculture departments, for monitoring the implementation of the programme in a time-bound manner with periodic review of its success. this committee shall place the particulars of the .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]116CompCas588(Guj)
..... (14) to mean property of any kind held by an assessee, whether or not connected with his business or profession, but does not include stock-in-trade, personal effects, agricultural land in india and gold bonds and other bonds. interest in immovable property would, therefore, be property and hence a capital asset . . .'25. in the case of ..... and it is not open to the lessors to seek direction against the official liquidator to disclaim the property.(i) that section 535(1) of the companies act, 1956 ('the act') specifies four types of properties and if the property does not fall within any of the four clauses, the official liquidator has no right to disclaim. that ..... this subject as laid down by this court and the apex court may be taken into consideration.24. this court in the case of rajabali nazarali and sons v. cit : [1987]163itr7(guj) :'now, a lease creates an interest in immovable property and transfer of leasehold rights which are protected by the provisions of the rent restriction .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(86)ECC485; (2003)1GLR128
..... the decision in the case of ram chandra v. union of india, reported in 1994 (1) scc 44. 26. the reference may not be of much relevance but under the income tax act, considering the contingencies, the reasonable period for re-opening the assessment and an assessee can be served with a notice to appear before the authority in reference to the earlier ..... 1994 (2) glh (uj-9) 21, this court had interfered in the proceedings initiated by the competent authority in exercise of powers under section 84c of the bombay tenancy and agricultural lands act, 1948. at notice stage, this court terminated the proceedings on two counts : (i) as the proceedings were initiated after a long lapse of time; (ii) the availability of other .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]260ITR366(Guj)
..... of kerala also could not be treated as an allowable item of expense. the court has further held that the assessee-trust was not entitled to exemption under the kerala agricultural income-tax act, 1950. in the case before the supreme court, the issue was quite different. there was no contention to the effect that any contribution received by the trust was ..... 70,369 leaving a balance of rs. 87,010. on these facts, the court has taken the view that on the plain language of section 11(1)(a) of the income-tax act, 1961, the assessee was entitled to accumulate 25 per cent. of rs. 2,57,376 and not merely 25 per cent. of the balance of rs. 87,010.13 ..... clear from the wording of sub-section (2) of section 11 of the income-tax act, 1961, that it is mandatory for the person claiming the benefit of section 11 to intimate to the assessing authority the particulars required, under rule 17 in form no. 10 of the income-tax rules, 1962. if during the assessment proceedings the assessing officer does not have .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)178CTR(Guj)95
..... jain religion and to serve its followers and any part of agricultural income of the trust spent in the state of kerala also could not be treated as an allowable item of expense. the court has further held that the assessee-trust was not entitled to exemption under the kerala agrl. income tax act, 1950. in the case before the supreme court, the issue ..... 70,369 leaving a balance of rs. 87,010. on these facts, the court has taken the view that on the plain language of section 11(1)(a) of the income tax act, 1961, the assessee was entitled to accumulate 25 per cent of rs. 2,57,376 and not merely 25 per cent of the balance of rs. 87,010.13. ..... clear from the wordings of sub-section (2) of section 11 of the income tax act, 1961, that it is mandatory for the person claiming the benefit of section 11 to intimate to the assessing authority the particulars required, under rule 17 in form no. 10 of the income tax rules, 1962. if during the assessment proceedings the assessing officer does not have .....
Tag this Judgment!