Judgment Search Results Home > Cases Phrase: barakar electric supply installations acquisition act 1981 Court: gujarat Page 2 of about 29 results (0.110 seconds)

Commissioner of Income-tax Vs. Karamchand Premchand Pvt. Ltd.

Court : Gujarat

Reported in : (1992)107CTR(Guj)340; [1993]200ITR281(Guj)

..... he also invited our attention in this connection to the following facts and circumstances emerging on the record indicating the factum of utilisation of development rebate reserve amount, that is, its equivalent amount and even more, for installation of fixed assets : (i) in the reply to the notice issued by the income-tax officer, it was clearly pointed out that the current assets appearing in the balance-sheet as on march 31, 1970, showed ..... opinion, it becomes obvious that the said question will have to be answered in the negative for the simple reason that it cannot be said that the tribunal was justified in holding that on acquisition of assets of value of more than the development rebate reserve, without making any entry in the development rebate reserve account, it could not be held that the same was utilisation of the development rebate reserve ..... years from the end of the previous year in which the ship was acquired or the machinery or plant was installed, the ship, machinery or plant is sold or otherwise transferred by the assessee to any person other than the government, a local authority, a corporation established by a central, state or provincial act or a government company as defined in section 617 of the companies act, 1956 (1 of 1956), or in connection with any amalgamation or succession referred to in sub-section (3) or sub-section (4) of section 33; ..... made payment for contribution for a new power line so that electric supply could be obtained without interruption. ..... [1981] .....

Commissioner of Income-tax Vs. Grace Paper Industries Pvt. Ltd.,

Court : Gujarat

Reported in : (1990)83CTR(Guj)1; [1990]183ITR591(Guj)

..... the assessment for the year corresponding to the previous year ending on march 31, 1963, in connection with the computation of capital employed by the society for purposes of tax holiday under section 84 (now section 80j) of the act and rule 19 of the income-tax rules, 1962, one of the claims which was made on behalf of the assessee-society was that the entire amount of grant-in-aid given by the goverment of gujarat and utilised ..... the estimated fixed capital investment as assessed by the committee referred to under paras 6 and 7 above will be disbursed to the unit by the state government/union territory/administration concerned, in as many instalments as the loan is disbursed by the state government/union territory administration concerned and simultaneously claimed from the central ministry of industrial development. ..... [1980]125itr510(delhi) , and (3) rohtak and hissar districts electric supply co. (p. ..... income-tax officer, after referring to the definition of 'actual cost' contained in section 43(1) of the act, held that actual cost for the purpose of initial depreciation and development rebate was to be adjusted after set off of the amount of subsidy granted by the central government of installation of plant and machinery. ..... the emphasis is not on the source of acquisition but it is on its characteristic, namely, whether it is subject to depreciation or ..... the year of account relevant to the assessment year 1981-82, the assessee received subsidy of rs. ..... cit : [1981]128itr52(delhi) . .....

Commissioner of Income-tax, Gujarat-ii Vs. Gujarat Mineral Development ...

Court : Gujarat

Reported in : (1981)20CTR(Guj)73; [1981]132ITR377(Guj)

..... emphasized once again that it was to enable the assessee-company to carry on its mining business more efficiently and more profitably that the beneficiation plant was installed and in order to run that beneficiation plant that the assessee-company wanted an electric supply of 3,000 kva from the gujarat electricity board.even on behalf of the revenue, it is not contended that this amount of rs. ..... 20.46 lakhs was spent by the assessee-company for the acquisition of a capital assets, lines, cables and all other transmission lines were to be the property of the gujarat electricity board and therefore, it is obvious that the assessee-company was not acquiring a benefit of an enduring nature whereby this connection placed on the well-known passage of viscount ..... the facts and in the circumstances of the case, the fixed deposits in the bank could be included in the capital computation for the purpose of section 84/80j of the income-tax act, 1961, in respect of the assessment years 1967-68, 1968-69 and 1969-70 ?2. ..... profit of the year) should be included in the capital computation under rule 19(5) of the income-tax rules 1962, for the purpose of section 84 of the income-tax act, 1961, for the assessment year 1967-68 ? ..... tribunal was justified in not allowing the above expenditure as revenue expenditure deductible under section 28(1) or under section 37 of the income-tax act, 1961 ? ..... act applied to deductions to be made in accordance with the provisions of the sections and the rules prescribed .....

Gujarat Mineral Development Corporation Ltd. Vs. Commissioner of Incom ...

Court : Gujarat

Reported in : (1983)34CTR(Guj)250; [1983]143ITR822(Guj)

..... itr) :'applying the test laid down by the supreme court in empire jute co.s case : [1980]124itr1(sc) to the facts before us, it is clear that even if securing electric supply for a period of seven years and longer, if the agreement to supply is not terminated by the electricity board, is a benefit of an enduring nature, if the advantage consisted in facilitating the assessees trading operations and enable the assessee to conduct its business more efficiently and more profitably ..... being previously carried on by the assessee-company, namely, of extracting fluorspar ore and selling it but in order to enable it to carry on that business to be installed and the electric cables and supply lines were laid for that beneficiation plant as has been pointed out by the tribunal in its order. ..... it was in the backdrop of these facts that the supreme court came to the conclusion that the payment made for the acquisition of additional loom hours could not be said to be in the direction of acquiring a capital asset because no capital asset was in fact acquired as the profit-making apparatus of the assessee was not ..... prospecting operations under the prospecting license granted to it and had got prepared a prospecting report dated november 9, 1963, as required by the mines and minerals (regulation and development) act, 1957, and the mineral company succeeds in obtaining a mining lease in respect of the adjacent land bearing survey no. ..... development corporation : [1981]132itr377(guj) in ..... : [1981]132itr377( .....

Babubhai Kanjibhai Patel through Poa Holder Vinodkumar Vs. State of Gu ...

Court : Gujarat

..... the following circumstances :- 1.1 the writ-petitioner had filed this special civil application for quashing and setting aside the notification under section 4 of the land acquisition act, 1894 (for short, the act hereafter), dated 30th january, 2008 and the further notification under section 6 of the act dated 29th april 2008 by which , the land of the petitioner bearing original survey no.25/2 and 25/3 and 25/4 (now final plot no.50) was acquired. ..... connection with or access to any such station, or the appropriate government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity, the collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government, enter upon and take possession of such land, which shall ..... in the case of kikabhai ukabhai patel [supra], a division bench of this court held that the acquisition proceedings being initiated at the behest of municipal corporation which had proposed acquisition of the land for installation of its drainage disposal scheme and the said proposal being accepted by the state government and notifications under sections 4 and 6 having been issued, such proceedings could be withdrawn only if the proposal was moved ..... the corrigendum and the declaration under section 6 of the act were issued on may 1, 1981. .....

Cit Vs. Vijay Ship Breaking Corporation and ors.

Court : Gujarat

Reported in : (2003)181CTR(Guj)134

..... cit : [1964]53itr151(sc) was cited to point out that, in context of the provisions of section 34 of the land acquisition act, 1894, the supreme court held that the statutory interest paid under the said provision on the amount of compensation awarded for the period from the date the collector has taken possession of land ..... it was a matter where a german company tendered contract for the supply of the equipment and an agreement was entered into between the german company and the port trust whereby the german company undertook to supply the equipment and to delegate an engineer to supervise its installation under clause 10(a) of the contract. ..... the court held that the form of award in the case before it seemed to make it impossible to distinguish the character of the so-called interest between the 4-11-1981, and the date of the award, from its character between the date of the award and the date of payment. ..... the supreme court held that the deposit made cannot be equated to a fixed deposit because in the case of delhi supply of electricity, there was a consequential liability on the consumer to pay for each day's consumption of electricity and to ensure that payment, the security deposit was furnished. ..... ., are dismantled.n stores and movable gears including electrical navigation equipments nylon and steel ropes shackles, pulley blocks, tarpaulin, paint and lubricant tins, machinery spares, etc .....

Patel Vipulkumar Ramjibhai Vs. Union of India Through Secretary and Ot ...

Court : Gujarat

..... structural steel, di pipe, alloy steel and other related products requires minimum ten days' time for cooling down and it cannot be abruptly shut down, and in the event of stoppage of either electricity or water supply, there are chances of major breakdown/blasts causing severe damage to human lives and property ..... 6.3 respondent no.3 electrotherm filed an appeal under section 31 of the air (prevention and control of pollution) act, 1981 before the appellate authority, wherein, vide order dated july 15, 2010 the appellate authority granted stay of the closure order passed ..... enhancement of production capacity beyond 50% exemption in public consultation can be considered by concerned seac or eac for cases which don't involve additional land acquisition and pollution load, with adequate mitigatory measures to achieve the ambient environmental standards ..... the purpose of production of the expanded project electrotherm has installed one rotary kiln, one blast furnace and one ..... furnaces of 20 tones/heat capacity and four crucibles of 20 tones/heat were installed under 2005 which operated 7-8 heats per day as submitted ..... furnaces of 20 tones/heat capacity and four crucibles of 20 tones/heat were installed under 2005 which operated 7-8 heats per day as submitted. ..... any violation of requirements of environmental clearance would not entail any civil liability e.g removal of construction, demolition of plant, machinery or equipments installed in the factory including closure of the production process. 9.4 mr .....

Tata Teleservices Limited Vs. State of Gujarat and Another

Court : Gujarat

..... banking companies (acquisition and transfer of undertaking) act, 1970 and in the banking companies (acquisition and transfer of undertakings) act, 1980, a regional rural bank established under the regional rural banks act, 1976, the industrial development bank of india established under the industrial development bank of india act, 1964, national bank for agriculture and rural development established under the national bank for agriculture and rural development act, 1981, the life ..... by means of self employment;] 2(o) "service" means service of any description which is made available to potential [users and includes, but not limited to, the provision of] facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, [housing construction,] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service ..... by the test of reasonableness it cannot be said to be unreasonable inasmuch as the supply of electricity to a consumer involves incurring of overhead installation expenses by the board which do not vary with the quantity of electricity consumed and the installation has to be continued irrespective of whether the energy is consumed or not until the ..... have been settled over the years and have been widely adopted because experience shows that they facilitate the supply of electric energy. .....

Hotel Alankar Vs. Commissioner of Income-tax, Gujarat

Court : Gujarat

Reported in : (1981)22CTR(Guj)252; [1982]133ITR866(Guj)

..... the business of boarding and lodging house would necessarily comprise of variegated activities commencing from the stage of acquisition of a proper and suitable building making it more suitable and convenient for the business of a hotel, purchasing linen, cutlery, ..... , were acquired by purchase or otherwise lift was installed and ultimately with effect from may 1, 1965, a portion of the accommodation was actually given out on licence basis at the ..... was concerned with the question whether the factory of the assessee could be said to have been set up after the commencement of the act so as to entitle the assessee there to the exclusion of that portion of net wealth which was employed in the factory. ..... thereafter building repairs, rewiring and installation of lift were carried out by the company for the purpose of converting the residential accommodation into a business and storage accommodation and to render the premises more serviceable to its ..... of the view that it commenced its business when the installation of plant and machinery was complete. ..... comprised of 28 single rooms with attached bath-rooms and that it was not difficult for him to accept the claim of the assessee that the business commenced from the date of the acquisition of the building. ..... 13,084.92 for electric rewiring legal and ..... the division bench the business of the assessee comprised of three categories, the first of which was extraction of limestone; second was manufacturing cement; and the third was sale and supply of cement. .....

Union of India and ors. Vs. Ambalal Sarabhai Enterprises Ltd.

Court : Gujarat

Reported in : [1983]55CompCas623(Guj); [1984]147ITR294(Guj)

..... year 1980-81 would have been known to the transferee-company as with the services of the tax experts available to it, the transferee-company would also know that if july 1, 1981, is fixed as the date with effect from which the amalgamation is to take effect, it would not get the benefit of setting off of the aforesaid loss suffered by the transferor-company. ..... : 'whatever may be the correct meaning of the expression 'any company liable to be wound up under this act' which occurred in section 153(6) of the indian companies act, 1913, and which now occurs in clause (a) of section 390 of the companies act, 1956, it seems to me obvious that section 391 of the present act which empowers the court to sanction a compromise or other arrangement can have no application to a company which is ..... (9) nothing in sub-section (4) shall apply to the acquisition by an undertaking which is not a dominant undertaking, if both such undertakings produce the same goods : provided that nothing in this sub-section shall apply, if as a result of such acquisition an undertaking comes into existence to which clause (a) or clause ..... three equal instalments commencing from ..... follows : ''dominant undertaking' means an undertaking which either by itself or along with interconnected undertakings, - (i) produces, supplies, distributes or otherwise controls not less than one-third of the total goods of any description that are produced, supplied or distributed in india or any substantial part thereof.' 24. ..... electrical .....