Court : Gujarat
Decided on : Sep-18-1979
Reported in : AIR1980Guj62; (1979)GLR878(GJ)
..... , is situate, in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely- (a) ... ... ... ... ... ... ... ... ... ... ... (b) other non-testamentary ..... the share so transferred will continue unless discharged otherwise.' 5. we have no doubt in our minds that section 42 of the gujarat co-operative societies act, 1961, inter alia, ex empts from compulsory registration instruments relating to shares in a society notwithstanding that the assets of such society consist wholly or ..... transfer. in order to examine the contention which has been raised before us, it is necessary to refer to certain provisions of the gujarat cooperative societies act, 1961. section 30 specifies restrictions an transfer of shares or interest. it provides as follows:'30(1) subject to the provisions of section 29 and .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-1979
Reported in : [1979]118ITR499(Guj)
Divan, C.J. 1. In this case, at the instance of the revenue, the following two questions have been referred to us for our opinion : '1. Assessment years 1962-63, 1963-64, 1965-66 and 1966-67. - Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the payments made to M/s. Calor-Emag, Germany, are of a revenue nature 2. Assessment years 1964-65, 1965-66 and 1966-67. - Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in allowing depreciation as well as development rebate to the assessee in respect of capital expenditure incurred for acquiring drawings, designs, etc., from M/s. Gilbert, Gilkes & Gordon Ltd., London ?' 2. In order to bring out the real controversy between the parties and to focus attention of all concerned on that real controversy, we will reframe question No. 1 as follows : 'Whether, on the facts and circumstances of the case, the Tribunal was correct in law in holding that ...
Tag this Judgment!Court : Gujarat
Decided on : Jan-29-1979
Reported in : [1980]122ITR863(Guj)
..... what is emphasised in the aforesaid section is that the powers of rectification could be exercised in respect of a mistake apparent from the record. under s. 154 of the act of 1961 also, the wording is identical, namely, 'with a view to rectifying any mistake apparent from the record'. in t. s. balaram v. volkart brothers : [ ..... 6. against the order of rectification an appeal was preferred to the aac, but the aac held that the appeal was not maintainable under the provisions of the 1922 act and he, therefore, dismissed the appeal on that preliminary ground. thereafter, the petitioner filed an application before the cit, the first respondent in the special civil application ..... the petitioner had filed an extract of the profits credited to her account. this was to be taken provisionally subject to the modification under s. 35 of the act as and when the final assessment of the firm was made by the concerned ito. it appears that, ultimately, it was ascertained that the petitioner and her three .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-09-1979
Reported in : [1980]124ITR421(Guj)
..... the country in such media as generally adopted, to notify to all the persons concerned the making of rules. in most of the indian statutes, including the act now under consideration, there is provision for the rules made being published in the official gazette. it, therefore, stands to reason that publication in the official gazette ..... the occupier as well as the publication of the locality notice were admittedly beyond the period of limitation of 45 days prescribed under s. 269e of the act for the purpose of filing objections by the interested and/or affected persons, the condition precedent for initiation of acquisition proceedings was not satisfied, for the ..... that the conditions precedent for the valid initiation of the acquisition proceedings were not satisfied because the locality notice, under s. 269d(2)(b) of the act, was published admittedly after about 3 1/2 months of the publication of the gazetted notice. it should be recalled that the competent authority started initiation of .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-13-1979
Reported in : (1980)16CTR(Guj)6; [1980]124ITR772(Guj)
..... by the co-operative society. after examining the bye-laws of that particular co-operative society and after considering the provisions of the maharashtra co-operative societies act, the supreme court held that the right to occupy a flat of this type assumes significant importance and acquires under the law a stamp of transferability in ..... the full bench, has pointed out (air 1980 guj 62 ) : 'we have no doubt in our minds that section 42 of the gujarat co-operative societies act, 1961, inter alia, exempts from compulsory registration instruments relating to shares in a society notwithstanding that the assets of such society consist wholly or in part of immovable property ..... any grievance about any non-service of notice upon him. in the context of notice required to be served under the provisions of the administration of evacuee property act, it was held by the supreme court in begum noorbanu v. deputy custodian-general of evacuee property : air1965sc1937 , that an objection as to non-service .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-22-1979
Reported in : [1979]119ITR209(Guj)
..... granting set-off of unabsorbed development rebate relating to assets installed prior to 1st january, 1958, by hind mills ltd., was not liable to rectification under section 154 of the act as it was not a mistake apparent from the recor ?' 2. the following facts leading to this reference are as follows : the assessee before us is a limited company ..... of the assessee-company allowed the set-off of the entire amount of development rebate. later on, by an order of rectification under s. 154 of the i. t. act, 1961, the ito made a distinction between development rebate which remained unabsorbed in the case of messrs. hind mills ltd. prior to january 1, 1958, and development rebate subsequent ..... rebate. it was only by expln. 1 to s. 10(2) (vib) that carry forward of unabsorbed development rebate came into existence. 4. when the i. t. act of 1961 was enacted in 1961, sub-s. (2) of s. 33 as originally enacted provided for carry forward of the development rebate and it reproduced the wordings of expln .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-1979
Reported in : [1979]117ITR849(Guj)
..... 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 ..... 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 ..... amount of compensation awarded by the land acquisition officer and had pursued the matter in appeal by asking for a reference under s. 18 of the land acquisition act, 1894. in the reference application, the contention of the assessee-company was that compensation should be paid at the rate of rs. 35 per square yard and .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-30-1979
Reported in : [1979]118ITR81(Guj)
..... got extension of time from the prant officer because the original condition at the time when the permission was granted under s. 63 of the bombay tenancy and agricultural lands act was that construction should be put up within one year of the grant of the permission respectively in 1960 and 1963. further, on each occasion when extension of time ..... a similar condition was also imposed when the second plot of land was purchased in 1963. that second permission, also under s. 63 of the bombay tenancy and agricultural lands act, is to be found at page 76 of the record in income-tax reference no. 224 of 1975. on this occasion, the condition was that the purchaser should use ..... page 65 of the record before us is a copy of the permission granted by the prant officer, surat, under s. 63 of the bombay tenancy and agricultural lands act, and the conditions under the certificate were that the assessees were to use the plot/area for bona fide industrial purposes within one year from the date of the order .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-1979
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... from which that valuation can be accurately determined.'54. therefore, in the perspective of the acquisition proceedings under chap. xx-a of the i.t. act, 1961, which are, as stated above, penal provisions having far-reaching repercussions, the competent authority must be satisfied and assured by cogent, reliable and ..... devi v. collector, ranchi : [1972]3scr208 , the supreme court indicated the general principle for determining compensation under ss. 23 and 24 of the land acquisition act.. the supreme court referred with approval to its earlier decision in special land acquisition officer, bangalore v.t. adinarayan setty : air1959sc429 , that in ascertaining the market ..... an inherent indication in the structure of s. 269d which lends support to the view which we are taking. under s. 4 of the land acquisition act, 1894, the legislature has prescribed publication of preliminary notification for initiation of acquisition proceedings. sub-section (1) of s. 4 enjoins the appropriate government to .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-19-1979
Reported in : [1979]117ITR51(Guj)
..... tribunal distinguished the decision in mandal ginning co.'s case : [1973]90itr332(guj) and held that the appeal was maintainable under s. 62(1)(b) of the e.d. act. thereafter, at the instance of the revenue, the question hereinabove set out has been referred to us for our opinion. 3. in estate duty reference no. 18 of 1978 ..... in appeal before the assistant controller. the appellate controller held that no appeal was competent against the order of rectification passed under s. 61 of the e.d. act and hence he dismissed the appeal as not maintainable. against the decision of the appellate controller, the accountable person went in appeal to the tribunal and the tribunal took ..... that the appeal of the accountable person made against the order of rectification was competent under clause (b) of sub-section (1) of section 62 of the estate duty act, 1953 ?' 2. the facts giving rise to reference no. 8 of 1978 which may be stated for the sake of illustration are that one jayantilal keshavalal mehta died .....
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