Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 15 amendment of section 21 Sorted by: recent Court: gujarat Page 1 of about 1,386 results (1.516 seconds)

Deputy Commissioner of Income-tax Vs. R.L. Kalathia and Co.

Court : Gujarat

..... the company comprising only of shareholders who were earlier partners of the firm involves liability under section 45 of the act. this position remained in force till assessment year 1998-99 when the law came to be amended with effect from 1st april, 1999 to provide that where a firm is succeeded by a company in the ..... otherwise transfers any capital asset to the company, the provisions of section 45 would not apply to such a transaction subject to certain conditions. therefore, the aforesaid amendment is not applicable to such transfers made in the accounting period relevant to assessment year 1996-97. the capital gains arising on the transfer of a capital ..... assets, then such transaction shall not be regarded as transfer. this clause was inserted with effect from 1st april, 1999. therefore, we are not concerned with that amendment. however, it provides a clue to the legislative intent. in our opinion, this clause has been introduced with effect from 1st april, 1999 in order to encourage .....

Commissioner of Income-tax Vs. Ravjibhai Harkhabhai Savalia

Court : Gujarat

..... dated 13.12.2007 admitted the appeals for consideration of following substantial questions of law; "(i) whether on the facts and in the circumstances of the case the appellate tribunal was right in holding that the alleged amount of compensation cannot be brought within the meaning of income u/s 45(5) of the income, tax act, 1961? (ii ..... 5) w.e.f. 1.4.04 and section 155(16) which refers to a situation of a subsequent reduction by the court, tribunal or other authority and recomputation/amendment of the assessment order. section 45(5) read as a whole (including clause "c") not only deals with re-working as urged on behalf of the assessee but ..... stages, the receipt of such enhanced compensation/consideration is to be taxed in the year of receipt subject to adjustment, if any, under section 155(16) of the 1961 act, later on. hence, the year in which enhanced compensation is received is the year of taxability. consequently, even in cases where pending appeal, the court/tribunal/authority before .....

Income-tax Officer Vs. Parikh Transport Co.

Court : Gujarat

..... has been reflected in the books of the company unchanged. with effect from 1.4.1988 the legislature brought into the statute by the taxation laws (amendment and miscellaneous provisions) act, 1986 a new scheme for deduction of depreciation on the block of assets by way of realization and simplification measure. with effect from 1.4.1988, ..... gains for asstt. year 1988-89 onwards in the following circumstances: (1) capital asset is a depreciable asset on which depreciation has been allowed under the 1961 act or 1922 act. (2) the capital asset forms part of a block of assets. now in the instant case the nagdevi property fulfils the first requirements as above. however, ..... has committed error in confirming the order of the cit(a) and holding that the assessee was entitled to claim deduction under section 54e of the income tax act. he further submitted that the tribunal has not properly appreciated the material available on record, therefore, he urged to allow this appeal. 5. on the other hand .....

Torrent Laboratories Ltd. Vs. Deputy Commissioner of Income-tax (Asses ...

Court : Gujarat

..... finance bill, 1987, neither under clause 15 seeking substitution of a new section of section 48 of the act relating to mode of computation and deductions nor under clause 22 seeking an amendment of section 54e of the act relating to exemption from capital gain on transfer of capital assets in certain cases, states that while computing ..... he invests a part of the net consideration in specified assets, he will be entitled to proportionate exemption by virtue of section 54e (1) (b) of the act. the assessee has, therefore, rightly made investments in specified assets only on that part of the net consideration as enabled him to claim exemption on the otherwise ..... long term capital gains, deductions under section 54e of the act are required to be allowed before deductions under section 48 (2) of the act. the assessee's .....

Patel Niraliben Ramanlal and Others Vs. State of Gujarat and Another

Court : Gujarat

..... training. such trainees, including the petitioners, were awaiting their turn for appointment. however, midway through, the state government has changed the criteria, and thrown open the competition to those who have completed such course even from other universities, including the deemed universities. the petitioners have therefore, challenged the said notification on various grounds. 3 ..... any other educational institution recognized or declared to be a deemed university under section 3 of the university grants commission act, 1956. 10. in the amended form, therefore, the rule does away the requirement of establishing equivalence for appointment to the post of livestock inspector offered in the state ..... 4. the learned counsel drew our attention to a judgment of the division bench of this court dated 9th may, 2008, in lpa no.1911 of 2007 in the case of state of gujarat vs. patel bhavinkumar chandulal, to contend that the question of equivalence of the course by the agriculture universities in .....

Shree Yogkshem Foundation for Human Dignity Vs. State of Gujarat and O ...

Court : Gujarat

..... the aforesaid scheme statutory by providing, inter alia, that the candidates selected by direct selection or as a result of a competitive examination, shall be appointed on contractual basis and at the end of the contractual period, they should be appointed in ..... of rs. 462 crore per annum.6.2 in furtherance of the aforesaid scheme of fixed-pay, the state government has amended the gujarat civil services classification and recruitment [general] rules, 1967 [hereafter to be referred to as the rules] framed ..... others (supra) cannot have any application. in the said case, the question whether the tribunal constituted under the administrative tribunals act are vested with power to entertain public interest litigation. the reason assigned in the case of dr. duryodhan sahu and others ..... drugs and pharmaceuticals ltd. v. workmen, indian drugs and pharmaceuticals ltd., reported in [2007] 1 scc 408 [relevant paras 38 to 53][c] s.c. chandra and others. v state of jharkhand and others, reported .....

Kutch Construction Industries and Rehabilitation Federation Vs. State ...

Court : Gujarat

..... entry 63 of the state list. therefore, there is not merit in the contention that there is any lack of competence in the state legislature to pass the impugned amendment act of 1984. 8.2. both the above decisions of the first full bench as well as second full bench were referred to larger bench consisting of five judges in ..... of which the proper duty has been determined by him under sub-section (3) or an instrument executed before the date of the commencement of the bombay stamp (gujarat amendment) act, 1982 call for and examine the instrument vibhag co-operative ... vs state of gujarat and ors. on 5 may, 1992 for the purpose of satisfying himself as to ..... of which the proper duty has been determined b him under sub-section (3) or an instrument executed before the date of the commencement of the bombay stamp (gujarat amendment) act, 1982) (guj. 21 of 1982) call for examine the instrument for the purpose of satisfying himself as to the correctness of the consideration or of the market value .....

Surat District Cooperative Bank Limited. and 1 Vs State of Gujarat and ...

Court : Gujarat

..... gscb and ccbs."21. taking into consideration the aforesaid report and the mou, the amending act, 2008 was enacted. before the act, the statement of object for making important amendments were notified in the extraordinary gujarat government gazette dated 8.10.2007 which reads as follows :-"the government of india, based on vaidyanathan committee's report ..... district co-operative bank.(v) section 4 of the gujarat co-operative societies act, 1961 provides for registration and it can refuse registration if it has adverse effect upon any other society.(vi) the object is avoiding competition among primary societies within area so as to enable the said society to provide ..... the partisan approach being adopted by the same. in view of the aforesaid amendment, the higher tiers being otherwise supposed to be stronger in position, will be confronted with an element of competition for remaining more focused and competitive so as to see that the primary agricultural co-operative societies remain wedded to .....

Mysore Ammonias Supply Corporation Vs. Kashiben Jashbhai Patel and ors ...

Court : Gujarat

Reported in : (2009)2GLR1768

..... learned senior advocate mr. patel, commissioner is failed to appreciate that ceiling of rs. 1,600/- for coverage under e.s.i. act was removed w.e.f. 1st february, 1991 vide e.s.i. (amendment) act, 1989 (act no. 29 of 1989). the death in present case occurred on 8th july, 1991. therefore, on the date of death, deceased ..... 1991 is quoted as under:22. substituted for 'one thousand and six hundred rupees a month' by the employees' state insurance (amendment) act, 1989, w.e.f. 1-2-1991. earlier these words were substituted by the employees' state insurance (amendment) act, 1984, w.e.f. 27-1-1985. 'notified wage ceiling : wages (excluding remuneration for overtime) do not exceed ..... was covered under the provisions of e.s.i. act, and therefore, commissioner has committed gross error in coming to conclusion that he .....

Kishorkumar Prabhudas Tanna and anr. Vs. State of Gujarat Through Secr ...

Court : Gujarat

Reported in : (2009)1GLR683; (2009)23VST298(Guj)

..... the aforesaid statues and which have been getting the benefit of exemption throughout are now sought to be deprived of similar exemption or the benefit which will affect their competitiveness and by depriving such benefit, it will give a blow to their existence which in turn will frustrate the very object of the aforesaid statutes like k.v. ..... may grant the same to some. as we said, the object of granting the concessional rate of duty was to protect the smaller units in the industry from the competition by the larger ones and that object would have been frustrated if, by adopting the device of fragmentation, the larger units could become the ultimate beneficiaries of the ..... a reference is made to the recommendation,in order that k.v.i.c. concentrates on promotion of industries in rural areas, it is proposed to amend the definition of 'village industries' contained in the act, so that in future, only units in 'rural areas' will receive k.v.i.c. support. a saving clause has been provided so .....