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Arvind Boards and Paper Products Ltd Vs. Commissioner of Income-tax, G ...

Court : Gujarat

Reported in : (1982)28CTR(Guj)322; [1982]137ITR635(Guj)

..... of the judgment.we may first look at the relevant provisions of law governing the case in the light of the legislative history.section 80e was introduced by the finance act, 1966, with effect from april 1, 1966. the said section, in so far as sit is relevant for the purposes of the present case, provided, in substance, that in the case ..... a list of the articles and things and at item 16 thereof was included 'paper and pulp including newsprint'.section 80e was deleted and, in its place, s. 80-i was introduced by the finance (no. 2) act, 1967, with effect from april 1, 1968. sub-section (1) of s. 80-i is material for the purposes of this case and, when enacted, it ..... read as follows :'80-i. deduction in respect of profits and gains from priority industries in the case of certain companies. -(1) in the case of a company to which this section .....

Kaka Ba and Kala Budh Public Charitable Trust Vs. Commissioner of Inco ...

Court : Gujarat

Reported in : (1984)2GLR923; [1984]146ITR9(Guj)

..... , by his letter dated march 20, 1981. this approval was valid and effective up to march 31, 1983. before the expiry of the said approval, by the finance act, 1983, s. 35cca as it then stood, was repealed and an altogether new provision was substituted as s. 35cca with effect from april 1, 1983. broadly stated ..... as its object the rural development programme is entitled to the authorisation under sub-s. (2b). in the very nature of the legislative history of this section, the commissioner is duty bound to give authorisation only to those institutions or associations which are approved and which have undertaken and are implementing approved rural development ..... had been started by the association or institution before the 1st day of march, 1983. (2b) no certificate of the nature referred to in sub-section (2) or sub-section (2a) shall be issued by any association or institution unless such association or institution has obtained from the prescribed authority authorisation in writing to issue .....

Tata Teleservices Vs. Union of India

Court : Gujarat

..... /2014 is with prospective effect. on the aforesaid grounds and submissions, the respective petitioners have challenged the impugned notices / summonses issued under section 201 of the act. 8.that the amendment of section 201 of the act by finance act, 2014 was expressly made prospective w.e.f. 01/10/2014 and therefore the impugned notices/summons for fy 2007-2008 and 2008- ..... of the financial year in which the statement is filed for the said years. 3.1 the respective petitioners have also prayed to declare that section 201 of the act as amended by finance act, 2014 (act no.2 of 2014) is prospective and does not apply to the proceedings where period of passing the order has expired before 1/10/2014. ..... the judgment cited by respondent no. 2 i.e. (i) in the case of ahmedabad manufacturing and calico printing co. ltd. v. s. g. mehta ito, reported in [1968] 48 [tr 154 and (ii) in the case of addl. commissioner v. jyoti traders and aur. reported in 1999(2) scc 77 would not apply in the present case .....

Commissioner of Income-tax, Gujarat I Vs. S.P. Bhatt

Court : Gujarat

Reported in : [1974]97ITR440(Guj)

..... us, it is necessary to examine the language of section 271(1)(c) with the explanation and to construe its meaning and effect. section 271(1)(c) provides - and here we are setting out the section as it stood during the relevant assessment years prior to its amendment by finance act, 1968 : '271. (1) if the income-tax ..... officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any ..... concealed the particulars of his income or furnished inaccurate particulars of such income. it may be pointed out that, prior to its amendment by the finance act, 1964, section 271(1)(c) required that the assessee should have concealed the particulars of his income or deliberately furnished inaccurate particulars of such income, but the word .....

Shantaben Govindlal Patel Vs. Commissioner of Income Tax

Court : Gujarat

Reported in : (2001)165CTR(Guj)722

..... chargeable to income-tax under the head 'capital gain' by treating the same as income of the previous year in which the transfer took place. section 54f was introduced in the act by finance act, 2/1977 with effect from 1-4-1978, for the purpose of exempting capital gain from tax, if sale proceeds of the asset are ..... basis of award of original compensation, can be recomputed. this provision by insertion of sub-section (7a) to section 155 was introduced by finance act of 1978, but it was given retrospective effect from 1-4-1974. by the same finance act of 1978, sub-section (10b) to section 155 was introduced not retrospectively but prospectively from 1-4-1978, which enables the ' ..... refused to grant any benefit of exemption from capital gain tax to the assessee on the additional compensation received by her on the ground that section 54f(3) as inserted by the finance act, no. 2/1977 came in force with effect from 1-4-1978, and the said provision did not apply to the capital gain assessable .....

Shantaben Chinubhai (Guardian of Minor, Upendra Chinubhai) Vs. Commiss ...

Court : Gujarat

Reported in : (1992)103CTR(Guj)185; [1992]196ITR44(Guj)

..... tax of 55 per cent. instead of 65 per cent. on the ground that it was an 'industrial company' as defined in section 2(6) (c) of the finance act (no. 2) act, 1971, and the finance act, 1972. the division bench of the delhi high court, negativing the claim of the assessee, held that the assessee-company did building ..... page 378) : 'whether, the assessee-company is an 'industrial company' within the meaning of clause (d) of sub-section (7) of section (2) of chapter ii of the finance act, 1966 ?' 12. section 2(7) (d) of the finance act, 1966, defined an 'industrial company' to mean a company which was mainly engaged in the business of generation or distribution of ..... and repairs, it manufactured windows and door frames, and concrete beams and slabs. it claimed that it was an industrial company within the meaning of section 2(7) (d) of the finance act, 1966. the income-tax officer held that the assessee-company was not an industrial company and, therefore, could not claim exemption from the levy .....

Saurashtra Education Foundation Vs. Commissioner of Income Tax

Court : Gujarat

Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)

..... .f. 1.4.1984. 7. a perusal of the aforesaid statutory provisionswould show that while section 11 provides for exemptionof the income of a trust holding property wholly forcharitable or religious purposes subject ..... (15) in section 2 as under:-2(15) 'charitable purpose' includes relief tothe poor, education, medical relief, and theadvancement of any other object of general publicutility not involving the carrying on of anyactivity for profit. the words, 'not involving the carrying on of anyactivity for profit' have been omitted by finance act,1983 w.e ..... the systematic instruction,schooling or training given to the young has onlycited an instance in order to indicate as to whatthe word 'education' appearing in section 2(15)of the act which defines 'charitable purposes' isintended to mean. we are certain that theseobservations were not intended to keep out of themeaning of the word ' .....

Girdardas and Co. Private Ltd. (In Liquidation) Vs. Commissioner of In ...

Court : Gujarat

Reported in : [1965]55ITR171(Guj)

..... already been brought to tax as dividend. from the commencement of the assessment year 1955-56, however, a change took place in the law. section 2(6a) (c) was amended by the finance act, 1955 and the proviso was deleted with the result that from and after the assessment year 1955-56, any distribution made by a liquidator was ..... revenue. the first decision was that reported in gautam sarabhai v. commissioner of income-tax. that case related to the construction of section 2(6a) (c) as it stood prior to its amendment by the finance act, 1956, when the words were 'any distribution made to the shareholders of a company out of accumulated profits of the company.' an ..... of the company, such distribution would be a distribution covered by the expression 'dividend'. of course the section with which i am concerned in the present reference is section 2(6a) (c) as it stood after its amendment by the finance act, 1956, but all that the amendment did was to do away with the inaptness of language without .....

Kantilal Popatlal Shah and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : AIR1966Guj268; (1966)GLR96

..... bombay finance (amendment) act, 1939, by which part vi was inserted in the bombay finance act 1932 with effect from 31st march 1939. this part was headed 'urban immovable property tax' and it authorized the levy of urban ..... tax as such on open lands in general. in regard to government taxation too there were various taxes levied by the provincial government under the bombay finance act, 1932, but there was no tax on open lands or for the matter of that even on buildings. the provincial legislature, therefore, brought into force the ..... immovable property tax on buildings and lands situate in the area to which the part extended. section 20 which was the first section in this part declared that the .....

Commissioner of Income-tax Vs. Arvind Mills Ltd.

Court : Gujarat

Reported in : (2001)171CTR(Guj)362; [2002]254ITR529(Guj)

..... within the same set of provisions which have been contemplated to be governed by the provisions of section 80ab of the act.13. section 80ab of the act was introduced by the finance (no. 2) act of 1980, with effect from april 1, 1981. while section 80hhc was introduced by the finance act, 1983, with effect from april 1, 1983. therefore, the contention raised on behalf of the revenue ..... difference in other provisions falling under heading c of chapter vi-a and the language employed in section 80hhc of the act. on the contrary, there is an inherent indication in the act when one reads the provision of section 80hhb of the act which was introduced by the finance act, 1982, with effect from april 1, 1983. the language employed in both the provisions is entirely .....