Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... time of payment in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force.17. under the moa, the assessee was responsible for paying to the seller non-resident, the amounts specified therein for the purchase of the ship for demolition purposes. the ..... a capital outlay and no part of it could be set off as expenditure against the income accruing on those securities. it was held that subsequently when the securities yielded income by way of interest, such income attracted section 18 of the said act the court held that a claim for deduction can be sustained only when the assessee is in a position ..... sub-section (1) of section 195 is to see that, on the sum which is chargeable under section 4 of the act, for levy and collection of income-tax, the payer should deduct income-tax thereon at the rates in force, if the amount is to be paid to a non-resident. the said provision is for tentative deduction of income-tax .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj221; (2002)2GLR1109
..... makes provisions for charges in chapter iv, and section 100 thereof provides as under :-'section 100 :where immovable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have charge on the ..... person to whom such property has been transferred for consideration and without notice of the charge, save as otherwise expressly provided by any law for the time-being in force. the provision in section 141 that there shall be first charge of the municipal corporation in respect of its dues gives priority to the charge of the municipality. ..... on the trust property for expenses properly incurred in the execution of his trust, and save as otherwise expressly provided by any law for the time-being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the .....
Tag this Judgment!Court : Gujarat
Reported in : [1981]127ITR701(Guj)
..... if s. 164 is attracted, the assessment of income has got to be made in the hands of the trustees. we have, therefore, to read s. 164 which was in force at the relevant time, the material part of which reads as under : '164. charge of tax where share of beneficiaries unknown. - where any income in respect of which the ..... accretion arising on sale thus had to be treated as an accretion of the corpus to be reinvested again in the securities giving only the income resulting therefrom to the assessee....it may be that, under the indian income-tax act, a part, which will be considered as an accretion of the capital under the ordinary law, may be treated as ..... justified in law in holding that the amounts received by the assessee from the discretionary trust cannot be taxed in the hands of the assessee under section 166 of the act ?' it should be noted that the question at the instance of the commissioner was required to be referred to us in the following circumstances : as stated above, the .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)241; (1986)2GLR1342; [1986]162ITR240(Guj)
..... the learned advocate appearing for the petitioner, submits that any sum payable by an assessee by way of tax or duty under any law for the time being in force as allowable and as per the mercantile method of accounting, it would be allowable at the time when it becomes due and/or the assessee would be liable to ..... permissible deductions. under the mercantile method of accounting, as stated earlier, the moment the liability is incurred, it would be an admissible deduction. what section 43b of the act states is that irrespective of the fact that the liability is already incurred, that would be an admissible deduction only when the actual amount in that regard is paid. ..... as under : '43b. notwithstanding anything contained in any other provision of this act, a deduction otherwise allowable under this act in respect of - (a) any sum payable by the assessee by way of tax or duty under any law for the time being in force, or (b) any sum payable by the assessee as an employer by way of contribution .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj72; (1976)GLR210
..... delivering the judgment of the supreme court observed in paragraph 7 at page 600 (of scc) : (para 5 at p. 1240 of air):-'the stamp act is a fiscal measure enacted to secure revenue for the state on certain classes of instruments. it is not enacted to arm a litigant with a weapon of technicality to meet the case of ..... controversy between the parties in the suit or proceeding so that the decision of the question of admissibility would by its direct and, immediate consequence, of its own force, determine such right and obligation, it would not be correct to say that the decision of the question of admissiblity is mere1y a decision of a question under ..... ) and the question as to whether a document was admissible or not admissible was a matter of procedure. the first preliminary objection under section 115 had therefore no force. with respect to the learned judge of the rajasthan high court, we are unable to accept his conclusion because the effect of the different decisions of the supreme court .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj81
..... such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in ..... suit as regards property outside the territorial jurisdiction, it cannot, in that suit, decide whether that property belongs to the estate or not. i know of no authority which forces me to, that conclusion, and none has been cited. it appears to me clear that the decision of the privy council in benode behari bose v. nistarini dasi, (1905 ..... become the owner thereof by virtue of the operation of the provisions in ss. 32, 32h, 32k and 32m (1) of the bombay tenancy and agricultural lands act, 1948 (bombay act no. lxvii of 1948) and the question of ownership in respect of those survey numbers was concluded and cannot be gone into in the administration suit. it has .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC180(Guj)
..... 'sale effected through the intervention of the court and not to sales effected by the secured creditors without the intervention of the court,' especially when these words were used in juxtaposition, with 'any attachment, distress etc. put into force without the leave of the court against the estate or effects ...' their lordships pointed ..... concept of business, which must always have a profit accrues' because the definition of 'business' in section 2(d) of the relevant madras general sales tax act, 1959, expressly defined business as meaning 'any trade or commerce or manufacture, whether or not any profit accrues' from such trade, commerce, manufacture, adventure or ..... the canteen ......' 54. under rule 74(3) also where the canteen is managed by a co-operative society registered under the bombay co-operative societies act, 1925, the occupier shall provide the initial equipment for such canteen and shall undertake that any equipment required thereafter for the maintenance of such canteen .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... and judgment taking into account the relevant factors. several factors, such as quality and integrity of the management, present and prospective competition, yield of comparable securities and market sentiments, etc., which are not evident from the face of the balance-sheet, but which will strongly influence the worth of a share are ..... response time. customers' confidence in dealing with such a mega company ensures timely delivery of large orders. (6) the amalgamated company will be able to secure and absorb new technology and spend on research and development, market surveys, etc., more comprehensively. (7) more particularly in the textiles division, with five ..... excluded from consideration, the proposed scheme is passed by the requisite majority under the provisions of the act and, therefore, the objection is required to be overruled. in my opinion, this submission has merit and force. even if votes cast by nocil and sushrupada are totally excluded from consideration the proposed scheme .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2515
..... wages to the workmen have not been fixed by the corporation, and therefore, the workmen cannot claim wages as per the provisions of the minimum wages act. i see considerable force in the said contention, and when the tribunal has already decided the same and the union has not filed petition challenging the same, the said finding ..... rates of wages as minimum wages, and therefore, the rates of wages fixed by the tribunal were not minimum wages, but were fair wages or adequate wages, bordering on fair wages and so, the financial capacity of the employer to bear the additional burden should have been taken into account. however, in view of sec. 3 ..... that if petitioner corporation are governed by rules enacted under the provisions of article 309 of the constitution of india, the provisions of industrial disputes act does not apply, i find considerable force in the said judgment particularly the division bench judgment of this court in the case of state of gujarat v. saurashtra mazdoor sangh (supra .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1298
..... .'12. the word 'offence' has been defined in section 2(n) of the code of criminal procedure and the offence means 'any act or omission made punishable by any law for the time being in force.' in the case of k.bhaskaran (supra), the apex court has clearly observed that :'however, the entire scheme of section 178 clearly ..... has been given appropriate weightage (paras : 12 and 16 of k.bhaskaran's case) and it is submitted that this court should take a broader/moral view to secure legislative intent. it is submitted that giving of notice includes receipt and if two places are different then a criminal complaint can be filed at both the places, if ..... are accordingly dismissed. special leave petitions heard along with the above appeals are also hence dismissed.'39. in the case of kusum ingots and alloys ltd. v. pennar peterson securities ltd., reported in : 2000crilj1464 , by referring the decision of bsi ltd. (supra), the apex court has held that :'10. on a reading of provisions of section 138 .....
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