Court : Gujarat
Reported in : AIR2005Guj141; (2004)3GLR2609
..... india in the area of basic as well as value added service, to make arrangement for the protection and promotion of consumer's interest and ensure fair competition, it was felt to separate the regulatory functions from the service providing functions which will be in keeping with the general trend in the world. in the ..... 9.11.1999 is reproduced as under:section ititle, extent and commencement1. short title, extent and commencement:(i) this order shall be called 'telecommunication tariff (tenth amendment) order 2000'.(ii) the order shall come into force with effect from 1st december 2000.section iitariff2. the tariff for franchised group pbx or pabx and epabx with ..... 5135 wherein it is held that the policy decision is in respect of economic matters and such decision cannot be interfered with unless policy is contrary to the act or constitution. mr. vyas relied upon paragraph 46 which reads as under:'46. process of disinvestment is a policy decision involving complex economic factors. the courts .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)0GLR964
..... section, a public company. it is true that at one stage there was a proposal that this percentage of 25 should be reduced to 10. the report of the companies act amendment committee proposed that the percentage should be reduced from 25 to 10. however, the joint committee of parliament ruled otherwise and it observed : 'the committee also consider it unnecessary ..... and pointed out to us that the case set out in the affidavit filed on behalf of the respondent, namely, that there has not been a single instance of competition in the past, has not been controverted in the subsequent affidavit filed on behalf of master mills by the managing director or by the principal officer, thakar, of master ..... provided by the code or any law in force. it is clear that the finding that new mahalaxmi mills was not a rival company and that there was no competition in business between master mills and new mahalaxmi mills, is a finding of fact and that finding of fact can only be distributed on a point of law, not .....
Tag this Judgment!Court : Gujarat
Reported in : [1979]117ITR849(Guj)
..... may be, to the full value of the consideration received or accruing as a result of such transfer and shall make the necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto the period of four years specified in sub-section (7) of that section ..... or as the case may be, computations made earlier shall be deemed to have been wrongly made and the income-tax officer shall, notwithstanding anything contained in this act, recompute in accordance with section 48 the capital gain arising from such transfer by taking the compensation or the consideration as enhanced or further enhanced, as the case ..... topandas kundanmal v. cit : [1978]114itr237(guj) . there the legal position was pointed out as follows (headnote): 'having regard to the provisions of the land acquisition act, the compensation awarded by the land acquisition officer is nothing more than an offer to the person whose land is sought to be acquired. if that offer is not .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]133ITR578(Guj)
..... -tax is payable.' 26. in that case, the bombay high court was dealing with the section as to relief granted under s. 84 of the act as it stood prior to the amendment of the i.t. act in 1967. 27. in commr. of surtax v. ballarpur industries ltd. : [1979]116itr528(bom) , interpreting r. 4 of the surtax rules in the ..... different from 'income, profits and gains `not included'' in the computation of the total income. the concept of' not includible' is a provision according to the i.t. act, whereby the very nature of the income, profits and gains concerned, the income cannot be included or is not capable of being included in the total income of the assessee ..... two lakhs, whichever is greater. under r. 4 of the second schedule it is provided that where a part of the income as computed under the i. t. act, its capital ascertained otherwise would be diminished by a proportionate amount. the ito determined the capital of the company for the purpose of standard deduction according to the second schedule .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)57CTR(Guj)168; [1987]165ITR178(Guj)
..... to the view expressed by this court, there is an error apparent on the face of the record which not only can be, but should be, rectified or amended under section 154 of the act. 14. we may also refer to the decision of the supreme court in east india commercial co. ltd. v. collector of customs, : 1983(13)elt1342 ..... registered partnership firm was liable to pay tax on the capital gains component of its total income under section 114 of the act. the appellate assistant commissioner, therefore, issued notice to the assessee-firm proposing to amend his appellate order dated june 30, 1975, by which he had upheld the contention of the assessee-firm that whether or ..... committed an error apparent on the face of the record which he could have rectified or amended in exercise of the powers under section 154 of the act. the reasons which we have given for holding that the income-tax officer had acted within his powers in rectifying the assessment order apply with equal force in upholding the validity .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]100ITR564(Guj)
..... been relied upon on the course of the indian income-tax act, 1922. prior to 1937, there was no provisions similar to section 64 of the income-tax act, 1961. by the indian income-tax (amendment) act, 1937 (act 4 of 1937) section 16 (3) was inserted in the act of 1922 and under that section in computing the total income ..... the revenue, has relied upon certain observations of clauson l. j. in commissioners of inland revenue v. gaunt. there, while interpreting the provisions of section 38 of the finance act, 1938, the court of appeal held : '.......... the difference, if difference there be for this purpose, between the words 'wife' and 'widow' is quite immaterial for the ..... nor any equitable considerations can make any difference to the position which rests entirely on a strict interpretation of the provisions of section 4(1)(a) of the income-tax act.' 9. this decision in e. d. sassoon & co. ltd. v. commissioner of income-tax was followed by the bombay high court in bhogilal laherchand v. .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]262ITR97(Guj)
..... the tribunal found that the amount under consideration was not due for payment to the government account till the subsequent assessment year. the tribunal also referred to the amendment brought into force on april 1, 1988, permitting the deductions of taxes and duties paid before the filing of the income-tax returns and held that it ..... by it did not belong to it, but it was retained for a short time, as agent of the government. the amendment inserting the first proviso to section 43b was brought about by the finance act, 1987, inserted with effect from april 1, 1988, is held to be having a retrospective effect, as per the decision ..... had vested in the state government free from all encumbrances since these textile undertakings were taken over as per the provisions of the gujarat closed textile undertakings (nationalisation) act, 1986. there were, therefore, no assets from which the assessee-company could have effected recovery of the dues in any forcible manner. in the facts and .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)181CTR(Guj)222
..... the tribunal found that the amount under consideration was not due for payment to the government account till the subsequent assessment year. the tribunal also referred to the amendment brought into force on 1st april, 1988, permitting the deductions of taxes and duties paid before the filing of the income-tax returns and held that it supported ..... by it did not belong to it, but it was retained for a short-time, as an agent of the government. the amendment inserting the first proviso to section 43b was brought about by the finance act, 1987, inserted w.e.f. 1st april, 1988, is held to be having a retrospective effect, as per the decision ..... had vested in the state government free from all encumbrances since these textile undertakings were taken over as per the provisions of the gujarat closed textile undertakings (nationalisation) act, 1986. there were, therefore, no assets from which the assessee-company could have effected recovery of the dues in any forcible manner. in the facts and .....
Tag this Judgment!Court : Gujarat
Reported in : [1987]165ITR195(Guj)
..... . 6. in navinchandra mafatlal v. cit : [1954]26itr758(sc) , a question of the constitutional validity of the indian income-tax and excess profits tax (amendment) act (xxii of 1947) came up for consideration before the supreme court and it was intended before the supreme court that it was not competent for parliament to enact the ..... were charged for the first time by the income-tax and excess profits tax (amendment) act, 1947, which inserted section 12b in the act. it taxed capital gains arising after 31st march, 1946. the levy was virtually abolished by the indian finance act, 1949, which confined the operation of section 12b to capital gains arising before 1st ..... according to the supreme court, to interpret the word in the light of any supposed english legislative practice. the supreme court held that inasmuch as the amendment of the 1947 act by definition of the word 'income' in section 2(6c) defined 'income' as including any capital gains chargeable under section 12b, the word 'income .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR633
..... of section 33c(2) again fell for consideration. it was there pointed out that there are two parts of the sub-section as it exists after its amendment by act 36 of 1964. the first part is concerned with the money claim simpliciter and the second part speaks about computation in terms of money of any benefit to ..... and loss account of corporations and companies, when any dispute of the nature specified in section 22 has been referred to any arbitrator or tribunal under the act or under any corresponding law relating to investigation and settlement of industrial disputes in force in a state. section 32 excluded from the application of the provisions ..... praying that a certificate be issued for the recovery of the said amount from the petitioner. the substance of the application was that the provisions of the bonus act were applicable to the establishment of the petitioner and, that therefore, the workmen including ths respondent employed by the petitioner company were entitled to payment of bonus. .....
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