Court : Gujarat
Decided on : Aug-25-2006
Reported in : (2006)206CTR(Guj)10
..... assessee was not himself engaged in the business of mining and excavation, he was not entitled to investment allowance in view of the provisions of section 32a(2)(b)(iii) of the income tax act, 1961 ('the act' for short). the assessing officer also observed that the earlier judgement of the income tax appellate tribunal were not decisive and according to his ..... /90:whether on the facts and in the circumstances of the case, the tribunal is right in holding that the assessee is not entitled to investment allowance under section 32a of the i. t. act amounting to rs. 7,87,652/- in a.y. 1986-87 and rs. 14,37,943/- in a.y. 1987-88?2. the short facts ..... goa ltd. (supra). the supreme court observed that extraction and processing of mineral ore would amount to `production' within the meaning of the word in section 32a(2)(b)(iii) of the income-tax act, 1961. it was also observed that investment allowance was deductible in respect of a plant installed by the assessee after march 31, 1976, in the .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-01-2006
Reported in : 2007CriLJ728
..... a material witness to prove its case. at the same time, it must not be lost sight of that the cardinal rule of evidence as engrafted under section 134 of the evidence act is that it is the quality of the evidence that matters and not the quantity. the question is, a witness who is not examined was a material ..... as pleaded by the learned senior counsel must not lose sight of. this is a case of peculiar kind and of a particular facts. under section 5(2) of the prevention of anti corruption act, 1947 for adequate reasons, the court is empowered to award lesser punishment than the minimum. the circumstances which the learned senior counsel pleaded are the ..... . yadav arrested the accused appellant and submitted a charge sheet against him.3. a charge for the offences punishable under sections 5(1)(d) to read with section 5(2) of the prevention of anti corruption act, 1947 along with section 161 of the ipc was framed against the appellant vide exhibit 4 on 1st of january, 1987, to which the .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-2006
Reported in : [2008]296ITR661(Guj)
r.s. garg, j.1. mr. b.b. naik, learned counsel for the revenue.2. present reference, under section 256(1) of the indian it act, has been made by the tribunal, ahmedabad bench 'a', at the instance of the revenue which is dissatisfied with the order of the tribunal who is aggrieved by the order .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-21-2006
Reported in : [2008]296ITR438(Guj)
..... the various agents was normal trade practice and as such, could not be brought within the definition of the sales promotion, as defined under section 37(3b) of the income-tax act.4. after hearing learned counsel for the revenue, we are of the opinion that the sales commission, which is given to various sales representatives ..... the submission of the assessee, all through, was that the aforesaid amount should not have been taken into aggregate for computing the disallowance under section 37(3a) of the income-tax act for it was not an expenditure falling within the mischief of sales promotion3. the sub-mission did not find favour with the assessing officer ..... payment of commission on sales cannot be treated as sales promotion expenses, and, therefore, cannot be taken into account while computing the disallowance under section 37(3a) of the income-tax act, 19612. the short facts necessary for disposal of the present case are that the assessee is a limited company engaged in manufacture and sale .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-02-2006
Reported in : [2008]296ITR475(Guj)
..... , on the facts and in the circumstances of the case, the tribunal was right in upholding partially the penalty order passed by the income-tax officer under section 271(1) (c) of the income-tax act, 19612. shri r.k. patel, learned counsel for the assessee and shri b. b. naik, learned counsel for the revenue are heard. shri patel submitted that .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-2006
Reported in : 2009[16]STR227
..... fraud and suppression of fact which required detailed investigation and scrutiny of past records, for which extended period of five years has been prescribed under proviso to section 11-a of the central excise act 1944?2. heard ms. avani s. mehta, learned addl. central government standing counsel. it is submitted that an adequate opportunity of hearing was granted to the respondent ..... the period of time, show cause notices can be issued separately. first for seized goods within six months prescribed under section 110(2) of the customs act, 1962 made applicable to central excise cases by virtue of section 12 of central excise act failing which seized goods are liable to be released unconditionally and second for the amount of duty evaded by resorting to .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-2006
Reported in : (2007)207CTR(Guj)606; [2007]290ITR282(Guj)
..... decision, it cannot be said that the furnishing of bank guarantee towards payment of excise duty liabilities amounts to actual payment as envisaged by the provisions of section 43b of the act.28. in the circumstances, there cannot be said to be any infirmity in the view taken by the tribunal. the question is answered accordingly. the ..... the circumstances by furnishing bank guarantee towards excise duty liability, it cannot be said that the assessee had sactually paid the excise duty in terms of section 43b of the act. in fact, furnishing of bank guarantee towards excise duty liability does not amount to even constructive payment of the said duty. the ownership of the ..... for the assessee to make payment of the amount towards excise duty and that by providing bank guarantee, there was substantial compliance with the provisions of section 43b of the act. that, 'actually paid' does not have to be construed literally. that the same means readily available and that by virtue of the bank guarantee .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : (2006)202CTR(Guj)393; [2006]282ITR503(Guj)
..... , therefore, in view of the directions of the central board of direct taxes, the commissioner of income-tax could not have exercised revisional powers under section 263 of the act. nothing has been pointed out to dislodge the aforesaid findings of the tribunal.7. the commissioner of income-tax, being bound by the directions of the ..... the revenue, initiated proceedings under section 263 of the act. vide order dated march 26, 1990, the commissioner of income-tax held that the assessment order was erroneous and prejudicial to the interests of the revenue, ..... though served, there is no appearance on behalf of the respondent-assessee.4. the facts stated briefly are that the assessing officer had made assessment under section 143(1) of the act on march 8, 1988. the commissioner of income-tax, being of the view that the said order was erroneous and prejudicial to the interests of .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-19-2006
Reported in : [2006]282ITR595(Guj)
..... the findings of the appellate authority cannot be different in nature. therefore also, the tribunal was justified in holding that the order refusing to grant interest under section 214 of the act was an appealable order and the cit(a) was not justified in not entertaining the appeal.8. on merits of the controversy, the tribunal has directed ..... assessment year is 1983-84. while passing order giving effect to the order of the tribunal on 18th aug., 1988, the ao did not grant interest under section 214 of the act, though the order had resulted in refund. the assessee carried the matter in appeal before the cit(a), who dismissed the appeal by holding that 'no ..... in appeal before the tribunal and succeeded. the tribunal accepted the claim of the assessee that an appeal is maintainable under section 246(1)(f) of the act against an order made by the ao under section 154 of the act. the tribunal, for this purpose placed reliance on the bombay high court decision in the case of empire industries ltd .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-07-2006
Reported in : (2006)3GLR2031
..... take appropriate proceedings under the bombay land revenue code.5. mr. amrish pandya, learned advocate for the opponent nos. 1 and 2 vehemently submitted that under section 5 of the act, the mamlatdar is only empowered to remove or cause to be removed any impediment to the natural flow in a defined channel land or otherwise of any ..... course for going to his lands. against the said order, the respondent nos. 1 and 2 again preferred revision application no. 2 of 1997-1998 under section 23 of the act challenging the order dated 5-9-1997 passed by the mamlatdar. the deputy collector, palitana heard the revision application and allowed it by his judgment and order ..... of some dispute, the respondents closed the way through the water-course. the petitioner therefore filed suit no. 1 of 1995-1996 before the mamlatdar under section 5 of the act contending that the water-course being government land, the petitioner has right of way to go to his lands through the water course. the mamlatdar passed an .....
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