Court : Gujarat
Reported in : [1995]212ITR310(Guj)
..... powers and functions of the income-tax authorities under the act. in chapter xiii, under the caption 'income-tax authorities - a. appointment and control', there are sections 116 to 119 which provide for appointment of income-tax authorities for the purposes of the act. section 116 specifies the following classes of income-tax authorities ..... for the purposes of the act, namely : (a) the central board of direct taxes ..... officers of class ii service and as many inspectors of income-tax as may be sanctioned by the central government. section 118 provides for hierarchy of control of income-tax authorities. section 119 empowers the central board of direct taxes to issue orders, instructions and directions to other income-tax authorities as .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj167; [1969]73ITR490(Guj)
..... the instance of the commissioner.3. before we examine the terms of the trust deeds it would be convenient at this stage to refer to the provisions of the act bearing on the determination of the controversy between the parties. section 160 defines 'representative assessee' and enumerates four categories of representative assessees who are assessable in respect ..... of or for the benefit of the assessee and the assessee was liable to be assessed directly in respect of such income under section 166 of the income-tax act, 1961. the income- tax officer accordingly included the entire income of the three trusts in the total income of the assessee for all the three assessment years. ..... behalf or for whose benefit income is receivable or received by the representative assessee, if such right exists under some other provision of the act.now, under the charging provision of the act, an assessee can be assessed only in respect of income which has accrued or arisen to him or is received by him during the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR153
..... not less than 51% of the paid-up share capital is held by the state government. (ii) any corporation established by or under the central act or state act and owned or controlled by the state government (not being a government company or a local authority); (iii) such local authorities as the state government may by notification ..... into and perform all such contracts as it may consider necessary or expedient for carrying out any of the purposes of this act. 24. subject to the provisions of this act and subject to the control of the state government the board may incur expenditure and undertake works as the state government may by notification in official ..... not less than 51% of the paid-up share capital is held by the state government; (for brevity 'a government controlled company') (ii) any corporation established by or under a central act or a state act and owned and controlled by the state government; (for brevity a 'statutory corporation') which is not a local authority. (iii) such class .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]213ITR677(Guj)
..... meant by 'return' of what has been contributed to a common fund does it mean return of the corpus of the fund or does it include retention of control over the corpus to be used in consonance with the statute regulating the association, company or society, as the case may be it is to be noticed that ..... meeting called for the purpose and as approved by the registrar. 22. from the scheme of the gujarat co-operative societies act, contained in sections 114 and 115 and bye-law 71, it is apparent that the control and power to use the surplus left after paying the encumbrances remaining the members contribution (sic). it is only on ..... and detail. in the said case the appellant, the english and scottish joint co-operative wholesale society ltd., incorporated in the united kingdom under the industrial and provident societies act, 1893, had as its objects, the carrying of the business of planters, growers, producers, merchants and manufacturers and brokers of tea. the society consisted of two members .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj9
..... in this reference, a question of far-reaching importance as to the interpretation of a proviso to s. 29 of the bombay rents, hotels and lodging house rates control act, 1947, arises for consideration. the question which is referred to this bench is whether an appeal would lie against the determination of any question contemplated under s. ..... number of matters between the landlords and tenants. 3. the bombay rents. hotel and lodging house rates control act, 1947, was enacted on 19th jan. 1948 and came into force on 14-2-19-m. the purpose of the act is indicated by its preamble to wit 'whereas it is expedient to amend and consolidate the law ..... execution proceedings for enforcing decrees and orders under the bombay rents hotels and lodging house rates control act, 1947 (hereinafter referred to as the rent act) and the rules made thereunder.2. the relations of landlord and tenant are covered by the transfer of property act, 1882, chap.-v, ss. 105 to 117. but the provisions were found inadequate .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]209ITR993(Guj)
..... a claim will not fall under any of the section 30 to 36 will not automatically make the claim unsustainable under section 37(1) of the act of the act as well. the court held that the aforesaid words in section 37 do not preclude certain species of liabilities but only exclude consideration of liabilities which ..... loudspeakers, film projectors, stage lighting, cine-photography and repairing of electronic equipments, radio sets, etc., can be deducted as business expenditure under section 37 of the act. the court held that lease rent of rs. 12,600 for the period of two years during which the office building was constructed was an admissible deduction under ..... allowed the claim of the assessee for municipal tax under section 30(b) and the claim regarding depreciation on the said premises under section 32 of the income-tax act. 4. against the at order the department filed various appeals before the income-tax appellate tribunal, ahmedabad, for different assessment years. before the tribunal, it was .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]126ITR1(Guj)
..... income arising from the transfer. it was also stated that the reason for initiating the proceedings for the acquisition of the aforesaid properties in terms of the act had been recorded by the competent authority and, therefore, in pursuance of section 269d, the competent authority was initiating the proceedings for the acquisition of the ..... properties by the issue of the notice under section 269d(1) of the act to the transferor companyand the transferee company and the schedule to the notice mentioned that the immovable property in respect of which these notices were issued was ..... assets by a holding company for any consideration to its wholly-owned subsidiary company does not amount to capital gains within the meaning of section 45(1) of the act. section 47, clause (iv) provides as follows :' 47. nothing contained in section 45 shall apply to the following transfers :--......... (iv) any transfer of .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)132CTR(Guj)147; [1996]221ITR819(Guj)
..... court in the case of dhakeswari cotton mills ltd. vs. cit (1954) 26 itr 775 : air 1955 sc 65 considered the question amongst others, whether tribunal acted without jurisdiction in relying on the data supplied by the it department behind the back of appellant company, and without giving it an opportunity to rebut or explain the ..... details are provided, and it was open to the petitioner to call upon the authority to supply the material. we have indicated earlier that as the authority acting in accordance with law has supplied the material, the petitioner may not presume that some other material on which reliance is placed is considered and therefore, there ..... madras and kerala high court are followed by us. non-observance of principles of natural justice 14. appropriate authority exercising powers under chapter xx-c of the act issued a show cause notice indicating two comparable sale instances. the relevant part of the notice reads as under : 'there is a comparable sale instance of property .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR589
..... high court in reversing the finding of fact, recorded by the district court on the question of bona fide requirement of the landlord under m.p. accommodation control act, 1961. needless it is to emphasis that the former decision of the earlier bench and the later decision of another bench had proceeded to examine the very same ..... a prosecution or the absence of it is not an absolute bar to an order of preventive detention, the authority may prosecute the offender for an isolated act or acts of an offence for violation of any criminal law, but if it is satisfied that the offender has a tendency to go on violating such laws, then ..... their names and addresses have not been disclosed by the detaining authority claiming the privilege available under section 9(2) of the gujarat prevention of anti-social activities act. 1985. it has also been stated that the detaining authority has been subjectively satisfied that the petitioner is indulging in nefarious activities prejudicial to the maintenance of .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]93ITR563(Guj)
..... schedule, to dispose of the excess over the clear profits in the manner prescribed in paragraph 2 and to create three reserves, viz., tariff and dividend control reserve, contingencies reserve and development reserve. we are concerned in this case with only the latter two reserves, viz., contingencies reserve and development reserve. ..... also proposed to provide for the electricity supply industry to avail the benefits of the development rebate permitted under the provisions of section 8 of the finance act, 1955, by allowing the creation of the development reserve. the accumulations in this reserve will be utilised for the development of the undertakings. the licensees, ..... contingencies reserve can be utilised only in certain specified contingencies. the amount of the reserve had to be invested in securities authorised under the indian trusts act, 1882, and that had to be made within a specified time. paragraph v provides that the contingencies reserve shall not be drawn upon during the .....
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