Court : Gujarat
Decided on : Sep-25-1980
Reported in : [1981]129ITR133(Guj)
..... an indian company or whether dividend income was to be taken into consideration for the purpose of the said section after making deductions provided under the act. while construing the statutory provisions of that section, the supreme court observed that where the gross total income includes this particular category of income, ..... ]118itr243(sc) . in the aforesaid decision, the supreme court was concerned with the question of computation of eligibility for special deductions under s. 80m of the act. the question before the supreme court was whether while interpreting the words 'dividend from an indian company 'as employed by that section, what was contemplated was the ..... head ' profits and gains of business or profession. in other words, the correct figure of total income, which is otherwise taxable under other provisions of the act, cannot be arrived at without working out the net result of computation under the head ' profits and gains of business or profession '. further, the question .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-24-1980
Reported in : (1981)21CTR(Guj)219; [1982]135ITR443(Guj)
..... the bombay high court cit v. t. maneklal mfg. co. ltd : [1978]115itr725(bom) , where the bombay high court has pointed out that the i.t. act being an all india statute, uniformity in the construction of its statutory provisions is eminently desirable and the considered opinion of any other high court should be followed unless there ..... industries so as to accelerate the process of industrialisation. it does not appear to have been the intention of the legislature, as envisaged by section 15c of the act, that the benefit of the said section would be confined to the industrial undertakings of those parties who had not already set up such undertaking in the past ..... were enacted after the second world war in order to encourage setting up of new industrial undertakings. section 15c was enacted and inserted in the indian i.t. act, 1922, to encourage setting up of new industrial undertakings by offering tax incentives and the period of tax incentives was increased from time to time and the period .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-22-1980
Reported in : (1981)25CTR(Guj)275; [1981]131ITR421(Guj)
Divan, C.J.1. In this case, at the instance of the revenue, the following three questions have been referred to us for our opinion : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was not a dealer in immovable properties and, therefore, the amount of Rs. 24,431 is not liable to be included in the income of the assessee for the assessment year under reference (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that since the amount of Rs. 16,000 out of Rs. 24,431 was dealt with in the assessment years 1965-66 and 1966-67, it could not be included in the assessee's total income for the assessment year under reference (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount of Rs. 24,431, having been received by the assessee by way of damages on account of the breach of the agreement committed by the se...
Tag this Judgment!Court : Gujarat
Decided on : Sep-15-1980
Reported in : (1983)2GLR1194
..... reporter at page 1089. the observation which was relied upon appears on page 1095. it is as under:in the case of 'special damages' where the plaintiff has in fact acted reasonably, only the former factor in the substraction sum is a matter of assessment; the latter is a matter of ascertainment. in the case of 'general damages', both factors are ..... s.l talati, j. 1. this is an appeal under section 110-d of the motor vehicles act presented by an injured who was the petitioner in m.a.c.t. application no. 12 of 1976 before the motor accident claims tribunal (1-a), ahmedabad city.2. according .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-15-1980
Reported in : (1980)21CTR(Guj)38; [1980]126ITR413(Guj)
..... representative of the foreign collaborators in good humour the work of the assessee-company vis-a-vis the foreign collaborators would be smoothened considerably, it was clearly an act of good management and good managership to generate goodwill and such goodwill would help and was bound to help the assessee-company in keeping its relations with the ..... ) , a similar expenditure incurred by the assessee in that case on the occasion of the silver jubilee week of the exhibition of a particular picture of which the assessee was acting as distributor and exhibitor, was allowed as a deduction as business expenditure under s. 10(2)(xv). similarly, in cit v. tata sons pvt. ltd. : [1978]111itr290( ..... way of establishing goodwill rather than of advertising that this amount was spend and hence the question of invoking the provisions of s. 37(3) of the i.t. act, 1961, and r. 6b of the i.t. rules, 1962, does not arise. it is only if the amount was spent for advertisement that the restrictions placed .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-11-1980
Reported in : (1981)22GLR503
..... democratic right because it is apprehended that due to the situation created by such exercise democratic right by that particular individual others are likely to commit acts of violence or breaches of public order and such apprehension is no ground for even preventing that citizen from exercising such democratic right. all that the ..... forming the sanchalan samiti for conducting the students agitation or that he readily agreed to become a member of that samiti cannot justify the conclusion that these acts are calculated to disturb public order. peaceful protests and the voicing of a contrary opinion are powerful wholesome weapons in the democratic repertoire. it is ..... the city of ahmedabad as also in areas where such situation is likely to arise. it is, therefore, necessary to provide for preventive detention of persons acting in a manner prejudicial to the maintenance of public order in disturbed areas. as the gujarat legislative assembly is not in session, this ordinance is promulgated .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-10-1980
Reported in : 1981(8)ELT274(Guj)
..... central excise and salt act and the rules made thereunder, namely, the duty being paid at the time when the ultimate product leaves the premises of the manufacturer. the effect of upholding the ..... prior to july 15, 1977. some sort of discrimination is bound to arise but the interpretation which works lesser hardship and is inconsonance with the scheme of the act and its operation has to be applied. the interpretation which we are putting upon clause (b) of the impugned proviso is in consonance with the scheme of the ..... was issued, being notification no. 135 of 1977. under this notification, partial exemption to cotton fabrics falling under tariff item 19(i) of the schedule to the said act was granted. as a result of these notifications and particularly the notification bearing no. 132 of 1977, duty on cellulosic spun yarn and cotton yarn was wholly exempt and .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-09-1980
Reported in : (1980)2GLR376
..... state of rajasthan v. nath mai and anr. : [1954]1scr982 . it was a case under the rajasthan foodgrains control order, 1949. the object of the act was to secure equitable distribution and availability at fair prices of the foodgrains and to regulate transport, distribution and acquisition of that commodity. clause 25 of the order ..... sub-section (2).21. the learned government pleader has tried to advance further arguments on the strength of sections 6a, 6b and 6c of the essential commodities act, 1955. section 6a provides for confiscation of an essential commodity and section 6b provides for procedure before such a confiscation can be ordered. section 6c provides for ..... grounds other than personal observation or experience, that is, on other than demonstrative evidence, conviction of the mind founded on evidence that a fact exists, that an act was done, that a statement is true....in aiyer's law terms and phrases, 7th edition, (1973), the expressionreason to believe' has been explained in the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1980
Reported in : [1981]127ITR230(Guj)
..... amount was necessary in that year. the tribunal, therefore, reversed the order of the aac and restored the order of the ito. 4. under s. 32 of the i.t. act, 1961, in respect of depreciation of building, machinery, plant of furniture owned by the assessee and used for the purpose of the business or profession, deductions mentioned in the different ..... the textile commissioner under the provisions of clause 21c(b) of the cotton textile (control) order, 1968, was business expenditure allowable under section 28 or under section 37 of the act (3) whether the claim of the assessee of rs. 46,414 written off in relation to the bore-well is allowable under section 32(1)(iii) of the i.t ..... . act, 1961 (4) whether on the facts the cost of electric motor of rs. 4,000 was of capital nature or revenue nature ?' questions no. (1) and (2) have been referred .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1980
Reported in : [1981]128ITR1(Guj)
..... includes the sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the compulsory acquisition there under any law. section 48 of the act provides for the mode of computation of and deductions from capital gains and states that 'the income chargeable under the head 'capital gains' shall be computed by ..... scheme of compromise and/or arrangement so far as the said mill-company was concerned and as per the said approved scheme under the provisions of the companies act, 1956, for the unsecured creditors like the assessee it was provided that unsecured creditors notes and/or deposits other than specified creditors shown in para. ii had ..... of a company, which had gone into voluntary liquidation, amongst its shareholders, would amount to sale, exchange relinquishment or transfer within the meaning of s. 12b of the act of 1922, as amended in 1956, was considered by that court in the case of madurai mills : [1973]89itr45(sc) . while answering that question in the .....
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