Court : Gujarat
Reported in : AIR2004Guj230; (2004)1GLR179
..... the suit was for a declaration, injunction and accounts and therefore governed by section 6(i) and (j) of the bombay court fees act of 1949. under section 8 of the suit valuation act as amended by the gujarat act 31 of 1964, the valuation for the purpose of jurisdiction is the same as that for the purpose of the court fees. the ..... in reply, mr. shah has submitted that in view of the gujarat amendment in the provisions of the suits valuation act, section 8 of the said act would not apply to the gujarat state. further that by virtue of amendment in section 8 of the said act, the provisions of suits valuation act would come into force only in cases where the suit are such wherein ..... ad-valorem court fees are required to be paid. the present suit not being a suit of such a nature would not be covered u/s. 8 of the suits valuation act.6. we .....
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 : (2003)2GLR1343
..... select suitable candidates by inviting applications from the open market, every candidate has a fundamental right to seek consideration and for selection through open competition. it was held that the process of recruitment through the commission as envisaged under the constitution cannot be by-passed by issuing directions for ..... were wrongly not called for interview on the ground that they did not satisfy the educational qualifications prescribed by the recruitment rules which were subsequently amended, is erroneous. their qualifications were necessarily required to be judged by the provisions of the recruitment rules prevailing at the time of their ..... perform its required duties. even though special damages cannot be the subject-matter of public law proceedings, the improper interface between notions of unlawful acts in judicial review proceedings and rights to damages in tort means that some victims of bureaucratic recklessness in discharge of statutory duties currently go uncompensated .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]111CompCas118(Guj)
..... making loss and was confronted with falling denim price and increase in manufacturing cost. the changed supply and demand structure in the industry, world-wide intensified price competition and as a result there was steep fall in the company's sales realisation. that, on account of sharp increase in full expenses, significant cost and time ..... with the order dated 13-6-2001; that the meeting of the unsecured creditors of the company was attended by 21 unsecured creditors. that the scheme duly amended was placed for consideration of the meeting, after inviting debate thereon and the question submitted to the meeting of secured creditors, unsecured creditors and working capital lenders ..... ) is that the company is declared as a relief undertaking and during the period the notifications under section 3(1) of bombay relief undertaking (special provisions) act, 1948 ('bru act') is in force, section 391(1) cannot be invoked.it is the say of the objectors that in view of section 4(1)(a)(iv) which .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]257ITR355(Guj)
..... interest incorporated in the said documents held the field unchallenged and undiluted, and that, it was on 15th june 1978 that the buyer company made a proposal for amendment (in the stipulations) and the assessee ungrudgingly agreed to forgo the interest which exceeded rs. 120 lakhs for two years. the cit (appeals) considered the ..... approval of the inspecting assistant commissioner.explanation 1 : where in respect of any facts material to the computation of the total income of any person under this act, -(a) such person fails to offer an explanation or offers an explanation which is found by the income tax officer or the appellate assistant commissioner or the ..... of commercial expediency is out of place in context of allowance of expenses incurred wholly and exclusively for the purposes of business under section 37 of the act. whether the expenditure was incurred out of commercial expediency or not can be judged on objective standards such as, the nature of business, the terms and .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)173CTR(Guj)193
..... incorporated in the said documents held the field unchallenged and undiluted, and that, it was on 15-6-1978, that the buyer company made a proposal for amendment (in the stipulations) and the assessee ungrudgingly agreed to forgo the interest which exceeded rs. 120 lakhs for two years. the commissioner (appeals) considered the ..... in the contention, which was not even raised before the tribunal, that the income tax officer's final assessment charging interest under section 215 of the act was against the directions of the 1nspecting assistant commissioner or without jurisdiction. it was perfectly within the jurisdiction of the income tax officer to charge interest under ..... of income, etc. (1) if the income tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person :(a) xxxxxxx(b) xxxxxxx(c) has concealed the particulars 'of his income or furnished inaccurate particulars of such income,he may .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1011
..... posts were separately shown. the candidates seeking these posts were required to show their order of preference in the application and were required to appear in the combined competitive examination to be held for class-i and class-11 posts under the gujarat civil services recruitment (examination) rules, 1980 framed in exercise of the powers conferred ..... before this court, is only a pretext to deny what is otherwise due to the petitioners. it is also pointed out that the government itself has subsequently amended the rules during the pendency of these petitions for the same reasons as advanced by the petition and such rules have been placed on record by the ..... opted for the post which had been filled up they were still accommodated. the petitioners therefore preferred another representation dated 26th june, 1982 quoting all the above acts of the commission and to give justice to him. yet another representation was preferred on 9th february, 1986 while the select list was still in force. he .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)169CTR(Guj)416; [2001]251ITR61(Guj)
..... contrary to the legislative intent. hence, in order to enable the government to collect the tax legitimately due to it for the earlier years, a clarificatory amendment to this provision has been made retrospectively from 1st april, 1974, and will, accordingly, apply in relation to the assessment year 1974-75 and subsequent years ..... implies inclusion of such interest in the 'actual cost' of the asset for the purposes of claiming depreciation, investment allowance, etc., under the income-tax act. as this was never the legislative intent nor does it conform to accepted accounting practises, with a view to counteracting tax avoidance through this method and ..... , interest on borrowing made for acquisition as capital assets, though pertaining to period prior to the commencement of production, under section 36(1)(iii) of the act ?'2. the brief facts for appreciating the controversy are : the assessee-company, in which the public are substantially interested, is principally engaged in the business .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)168CTR(Guj)621; [2001]251ITR433(Guj)
..... decision in mugneerum bangur : [1965]57itr299(sc) , and since the said case dealt with the provisions of section 10(2)(vii), proviso (ii), of the 1922 act prior to amendment, the said circular has no application and that the matter was governed by the decision in b. m. kharwar : [1969]72itr603(sc) . the view of the ..... the assessee after holding that the undertakings as a whole were sold and, therefore, there was no question ofassessing profits under section 41(2) of the act. it was also held that the appellate assistant commissioner did not have jurisdiction to direct the income-tax officer to reframe the assessment including therein the balancing charge ..... [1971]82itr1(bom) ) issued by the board in connection with the assessment problems of nationalised banks cannot have in view of the special provisions of the banking companies act. the proceedings of the taxation advisory council cannot be binding as in the case of circulars. (vi) goodwill by its definition is created at times of sale to .....
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