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Commissioner of Income-tax Vs. New India Industries Ltd.

Court : Gujarat

Reported in : (1992)106CTR(Guj)374; [1993]201ITR208(Guj)

..... whose income chargeable under the head 'salaries' is seven thousand five hundred rupees or less.' it may be noted that, in the amendment which was effected by the amendment of fineness act, 1964, the word 'remuneration' was dropped from the relevant phase giving an indication that the legislature did not intend to include cash ..... selected by the assessee-company having regard to the candidate's experience in the particular line, his technical competence and his genuine enthusiasm to build up competitive small scale industrial units. the assessee-company also afforded several facilities to the ancillary units which included free technical advice for the setting up of the ..... gains of business'. justice p. b. sawant (as he then was) examined the aforesaid two provisions in great detail and held that, by the amendment of the finance act, 1964, the word 'remuneration' was dropped from the relevant phase giving an indication that the legislature did not intend to include cash emoluments in any .....

Commissioner of Income Tax Vs. Nirmal Textiles

Court : Gujarat

Reported in : [1997]224ITR378(Guj)

..... such income arising during the previous year or to be treated differently. we do not find any such express or necessary implication in the provisions of the amending act by which the amendment in s. 2(42a) for extending the period of holding requisite for treating any capital asset to be short-term capital asset or long-term capital asset ..... a particular fiscal year by a finance act. by virtue of the indian finance act, 1939, s. 16(1)(c) of the indian it act as amended by the indian it (amendment) act, 1939, applied for the asst. yr. 1939-40 although the subject of charge was the income of the ..... maharajah of pithapuram vs. cit (1945) 13 itr 221 : tc 42r. 169, when it was observed, while considering the like provision of the indian it act, 1922 : 'the indian it act, 1922, as amended from time to time, forms a code, which has no operative effect except so far as it is rendered applicable for the recovery of tax imposed for .....

Kamlaben Wd/O. Govindlal Harilal Sheth Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1989)2GLR1068

..... under the high court judges (conditions of service) (amendment) act, 1976, irrespective of the date of retirement and hence there is no question of payment of arrears of pension for the period preceding october 1, 1974.similar ..... that the judges (including the chief justices) of the high courts are entitled to pension as computed under the high court judges (conditions of service) act, 1954, (as amended) irrespective of the date of retirement. the date october i, 1974, continues to be relevant as being one from which the liberalised pension became operative ..... bidhubhushan malik, (supra) the supreme court confirmed the decision of the allahabad high court which held as follows:. the high court judges (conditions of service) act, 1954, (as amended) shall be read down as under: in para 10 of the first schedule, the words 'and who has retired on or after the 1st day of october .....

Deputy Commissioner of Income-tax Vs. Core Healthcare Ltd.

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 .....

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 .....

Navanagar Transport and Industries Limited Vs. Income-tax Officer, Spe ...

Court : Gujarat

Reported in : (1964)GLR865; [1964]54ITR271(Guj)

..... in section 34(3) applied to such an order 21. in this view of the matter we are of the opinion that an order under section 23a after its amendment by the finance act, 1955, is an order of assessment to which the period of limitation prescribed in section 34(3) applies and such an order cannot, therefore, be made after the ..... a construction of the language of the section. this is view is, however, fortified by a further consideration as regards the intention of the legislature. prior to the amendment by the finance act, 1955, even though an order under section 23a could be made at any time, the fictional income created by the order could not be assessed in the hands of ..... , j.1. a very interesting question of law arises on this petition. the question is whether an order under section 23a of the income-tax act, 1922, as it stood after its amendment by the finance act, 1955, can be made at any time or whether it is governed by the time-limit specified in section 34(3). the facts giving rise to .....

Commissioner of Wealth-tax, Gujarat-iv Vs. Zaverbhai Bapuji

Court : Gujarat

Reported in : [1985]151ITR167(Guj)

..... , therefore, the penalty had to be computed in accordance with s. 18 of the act as it stood prior to its amendment by the wealth-tax (amendment) act, 1964, for the period prior to april 1, 1965, in accordance with s. 18 of the act as amended by the wealth-tax (amendment) act, 1964, for the period between april 1, 1965, and march 31, 1969, and ..... in accordance with s. 18 of the act as amended by the finance act, 1969, for the period between april 1, 1969, and march 18, 1971. the supreme ..... following these decisions, we hold that the tribunal was right in holding that the penalty is leviable in accordance with the provisions of s. 18(1) of the act prior to its amendment on april 1, 1969, in so far as the returns filed by the assessee for the assessment years 1964-65 to 1968-69 are concerned. accordingly, we .....

Patel Kanchanbhai Mangalbhai and anr. Vs. Maneklal Maganlal Gandhi and ...

Court : Gujarat

Reported in : AIR1966Guj19; (1965)GLR200

..... when the petitioners came to know that respondent no. 1 was already declared as an elected candidate, the petitioners immediately applied for and obtained leave to amend the petition. the petitioners believed and that was the view strongly advocated before us which we have rejected as aforestat-ed--that it was not open to ..... the rejection of the nomination papers of the petitioners and communicated the name of respondent no. 1 to the district development officer and the district development officer, acting under rule 59, published the name of respondent no. 1 as elected candidate by issuing a notification dated 4th february 1964. this notification was, however, ..... , therefore, fixed by the district development officer as 20th february 1964 under section 18(1). after appointing the date of election, the district development officer acting under rule 8 appointed 29th january 1964 as the last date for filing nomination papers and 31st january 1964 as the date for scrutiny of nomination papers. .....

Hasanand Pinjomal Vs. Commissioner of Incocme-tax, Gujarat

Court : Gujarat

Reported in : [1978]112ITR134(Guj)

..... v. gangadhar banerjee & co. (p.) ltd., : [1965]57itr176(sc) , a similar contention advanced in the context of section 23a of the indian income-tax act, 1966, before amendment in 1955, which also used a similar expression, namely, 'having regard to losses incurred by the company in earlier years or to the smallness of the profit made' was ..... proviso to section 40a(3) prescribing business expediency as one of the relevant factors. taking clue from this statutory provision, the rule-framing authority inserted by a subsequenty amendment in rule 6dd(j) (2) the two other categories of cases, namely, where payment in the manner prescribed was not pracaticable or it would have caused genuine ..... wrongly made and the income-tax officer may recompute the total income of the assessee for the previous year in which such liability was incurred and 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 .....

Gujarat Carbon Ltd. Vs. Deputy Commissioner of Income-tax (Asstt)

Court : Gujarat

Reported in : [1995]216ITR415(Guj)

..... noted that the respondent has not taken into consideration the fact that the petitioner was required to change the assessment period prior (?) to the amendment in the income-tax act, viz., amendment to section 3 of the act. present section 3 was substituted with effect from april 1, 1989. because of the said change in the section, the central board ..... revenue.' 3. it is also averred that the aforesaid circular was required to be issued by the central board of direct taxes, in view of the amendment in the income-tax act, which provides that in the case of each assessee, the previous year relevant for the assessment year 1989-90 will compulsorily end on march 31, 1989. ..... the period of their accounting year for the assessment year 1988-89, up to march 31, 1988. the circular was issued because of an amendment to section 3 of the income-tax act. as per the amended provisions of sub-section (2), 'previous year', in relation to the assessment year, commencing on the 1st day of april, 1989, means .....