Court : Gujarat
Decided on : May-02-1980
Reported in : 1981ACJ277; (1981)0GLR555
..... . ltd. v. ganchi ramanlal kantilal [1979] 20 glr 134 (guj), in support of their contention that the case would be covered by s. 95(2)(c) of the motor vehicles act and the liability of the insurance company to the extent of rs. 15,000 as stipulated in the policy of insurance would remain. the insurance policy is a comprehensive policy ..... and/or his paid driver, attendant or cleaner and/or a person in the employ of the insured coming within the scope of the workmen's compensation act, 1923, and subsequent amendments of the said act and engaged in and upon the service of the insured at the time such injury is sustained whilst mounting into, dismounting from or travelling in but .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-28-1980
Reported in : AIR1981Guj142; (1981)0GLR389
..... had subsisting mortgagee interest and liability in the suit property and consequently the period of limitation for redemption got extended under section 18 of the limitation act on both the occasional when these documents were executed. it must, therefore, logically follow that the equity of redemption for the suit mortgage enured up ..... -respondent contends that ex. 39 does not amount to any acknowledgment of subsisting mortgagee rights of umar mastu within the meaning of section 18 of the limitation act, 1963. the appellants-defendants contend to the contrary. it is, therefore, necessary to reproduce the relevant recitals in the statement ex. 39 in extenso. the ..... second statement was made by the plaintiff himself. if these two documents are construed as valid acknowledgments within the meaning of section 18 of the limitation act, 1963 then the plaintiff must necessarily fail as the equity of redemption which the present defendants appellants would not get extinguished by passage of time and .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-1980
Reported in : [1980]124ITR391(Guj)
Desai, J.1. The familiar dilemma presents itself again. Is the excess sum realised by an assessee on the sale of land merely a gain on account of the engangement of value of a capital asset or is it a profit made in the operation of business by the sale of an item of the stock-in-trade 2. The assessee is a registered partnership firm which carries on business of money-lending. It also derives income by way of dividend and from investment year being Samvat year 2024. 3. It appears that the assessee had purchased 7,422 sq. yds. of land at Vadaj in S. Y. 2007. The said land was sold by the assessee in S. Y. 2024. According to the assessee, the sale resulted in a profit of Rs. 12,365. The assessee had also purchased another piece of land admeasuring 5,610 sq. yds. situate at Sabarmati jointly with one Ratilal Panchand on September 24, 1956 (S. Y. 2012). A portion of the said land admeasuring 2,077 sq. yds. was also sold in S. Y. 2024. According to the assessee the said sale resulted in a p...
Tag this Judgment!Court : Gujarat
Decided on : Oct-14-1980
Reported in : [1981]127ITR676(Guj)
..... : [1971]82itr50(sc) would directly apply to the facts of the present case. hence, the tribunal rightly held that the power of rectification under s. 154 of the i.t. act could not be resorted to for the purpose of withdrawing the depreciation allowance and development rebate originally allowed to the assessee in the assessment years under reference by the respective ..... and the grant of such allowance for the concerned years was, therefore, a mistake apparent on the face of the record and the ito was right in acting under s. 154 of the i.t. act and rectifying that mistake by withdrawing the allowance by the impugned orders. the tribunal, however, did not accepts this contention of the revenue and ultimately held .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-05-1980
Reported in : (1980)18CTR(Guj)390; [1980]126ITR669(Guj)
..... potential value of the lands covered by the scheme and not against the running business of the assessee. the increment in value of land contemplated by the town planning act was real. the assessee gained an enduring advantage by paying the amount and the fact that the payment was under a statutory obligation and not because the assessee ..... business set up, the expenditure was on capital account and not an expenditure for producing profits in the conduct of business. the installment of contribution paid under the town planning act was not deductible under s. 37. 6. in view of this decision in rohit mill's case 0043/1975 : [1976]104itr132(guj) , it is obvious that the ..... by the assessee were levied against the increased potential value of the lands covered by the scheme and the increment in value of land contemplated by the town planning act was real. the assessee gained an enduring advantage by paying this amount of rs. 60,390. thus, what the assessee spent by way of betterment charges was .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-1980
Reported in : [1981]128ITR671(Guj)
..... in holding that the addl. commissioner was not competent to pass the order in question and the tribunal rightly cancelled the order passed under s. 263 of the i.t. act. we, therefore, answer the question referred to us in the affirmative, that is, in favour of the assessee and against the revenue. the commissioner will pay the costs of this ..... ,882 was added on account of deduction cess for the reasons discussed in the reassessment order made under s. 143(3) read with s. 147(b) of the i.t. act, 1961. subsequently, that is, on september 30, 1971, the additional commissioner issued a notice to the assessee to show cause why action under s. 263 should not be taken against ..... order in reassessment regarding that item must be said to have passed under s. 147. section 263(1) of the i.t. act provides that the commissioner may call for and examine the record of any proceeding under the act, and if he considers that any order passed therein by the ito is erroneous in so far as it is prejudicial to .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-05-1980
Reported in : [1981]128ITR493(Guj)
..... part of the movable assets of the huf. after the assessments for the four years were over, the wto issued notices under s. 35 of the w.t. act in connection with rectification proceedings on the footing that there was a mistake apparent from the record inasmuch as the former agricultural lands converted to non-agricultural use were ..... movable assets and were not subjected to the additional rate of tax under clause (c) of para. a of part i of the schedule to the w.t. act. the assessee objected to the rectification proceeding but the objections were overruled by the wto and rectification orders were passed for each of these four assessment years under reference. ..... j., speaking for the supreme court, observed : 'from what has been said above, it is clear that the question whether section 17(1) of the indian income-tax act, 1922, was applicable to the case of the first respondent is not free from doubt. therefore, the income-tax officer was not justified in thinking that on that question there .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-11-1980
Reported in : AIR1981Guj136; (1981)0GLR269
..... held that it has no jurisdiction to examine this part of the order of the town planning officer. the jurisdiction of the board is governed by section 34 of the act. in 1971, when the appeals were filed before the board of appeal, section 34 provided as follows :'any decision of the town planning officer under clauses (v), (vi), (viii), (ix .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-06-1980
Reported in : (1981)0GLR686; (1981)IILLJ277Guj
..... been employed through a contract in or in connection with the work of establishment, he would yet fall within the description of 'employee' within the meaning of the act. in order to answer the question some other questions have to asked and answered viz : (1) was he doing the work for monetary payment (2) was ..... reached by the regional provident fund commissioner that shri natverlal who was employed as an accountant was considered to be an employee of the factory is unassailable, the act would become applicable from august, 1966 onwards for a particular period. according to the petitioner-firm the said natverlal was not a regular employee of the petitioner ..... accountant. according to the department natverlal being an employee of the factory, the number of employees employed in august, 1966 had risen to twenty and, thus, the act became applicable from august. 1966 onwards. this discovery was made in the course of inspection visits made by the provident fund inspector in may and june, 1973. .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-26-1980
Reported in : (1981)22GLR13
..... medical colleges and hospitals in the state of gujarat. usually the government frames rules in consonance with the regulations approved and adopted under the provisions of the indian medical council act, 1956. the government of gujarat had by resolution of panchayat and health department, bearing no. mcg-1q74-5100-n. dated august 7, 1975, superseded its earlier orders and approved the .....
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