Court : Gujarat
Decided on : Sep-05-1991
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 .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-22-1991
Reported in : 1991LC16(Gujarat); (1992)1GLR548
..... other. they cannot be applied and implemented without the aid of each other. similar is the position with regard to finance act, 1975. by section 35 of the finance act, 1978, auxiliary duty of customs has been imposed. section 35(4) also provides that the customs act, 1962 and the rules made thereunder shall apply in relation to the levy and collection of the auxiliary duty of ..... customs leviable under section 35 of the finance act. it is also provided that these provisions of the customs act, 1962 and the rules shall apply as if the duty of customs of such goods were levied and collected under the provisions of the customs .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-22-1991
Reported in : 1992(57)ELT529(Guj)
..... other. they cannot be applied and implemented without the aid of each other. similar is the position with regard to finance act, 1975. by section 35 of the finance act, 1978, auxiliary duty of customs has been imposed. section 35(4) also provides that the customs act, 1962 and the rules made thereunder shall apply in relation to the levy and collection of the auxiliary duty of ..... customs leviable under section 35 of the finance act. it is also provided that these provisions of the customs act, 1962 and the rules shall apply as if the duty of customs of such goods were levied and collected under the provisions of the customs .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-02-1991
Reported in : (1992)107CTR(Guj)59; [1992]198ITR140(Guj)
..... their destination outside india or on the insurance of such goods while in transit' were inserted in clause (b) (iii) of section 35b(1) by the finance act, 1970, with effect from 1st april, 1968. the first part of this clause which reads 'distribution', supply or provision outside india of such goods, services or facilities' ..... made by the assessee. in the background of the above, facts, the following two questions have been referred to us for our opinion under section 256(1) of the act, at the instance of the assessee : '(1) whether the expenses incurred in india relating to carriage and insurance of goods meant for export ..... deals with the expenditure which qualifies for grant of development allowance. the second part of the clause which starts with the words 'not being' and which was added by the finance act .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-1991
Reported in : [1992]85STC258(Guj)
..... of madras) : [1980]3scr1 (r.r. engineering co. v. zila parishad), (1936) ac 352 (pc) [in re : a reference under the government of ireland act, 1920, section 51 and section 3 of the finance act (northern ireland), 1934], : [1965]56itr198(sc) (navnit lal c. javeri v. k. k. sen, appellate assistant commissioner of income-tax). 91. it is now ..... be countenanced. we may not at this stage that the constitution bench decision of the supreme court in andhra sugars ltd. v. state of andhra pradesh : [1968]1scr705 clearly answers the question against the petitioners and puts the controversy beyond the pale of any doubt. in that case, the supreme court was concerned with the ..... manufacture of taxable goods is not a condition for levy of purchase tax. 29. placing reliance on the constitution beach judgment of the supreme court in : [1968]1scr705 (andhra sugars ltd. v. state of andhra pradesh) the learned advocate-general submitted that purchase of raw material for use in manufacture of any commodity can .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-29-1991
Reported in : 1992(37)ECC123; 1994LC644(Gujarat); 1992(58)ELT9(Guj); (1992)1GLR172
..... sultan tobacco company limited v. collector of central excise, hyderabad, reported in (tribunal). therein the majority members of the tribunal (cegat) have interpreted the provisions of the finance act, 1978 by which special excise duty was imposed. it is true that the majority of the members of the tribunal have taken the view which supports the petitioner. however, ..... both for the reasons of language of rule 9a of the central excise rules, 1944 and for the reason of the language of section 3(1) of the act of 1978. section 3(1) of the act of 1978 clearly provides that the additional duty shall be levied and collected when the goods of the description mentioned in the schedule ..... enacted with an object to provide for levy and collection of additional duties of excise on certain textiles and textile articles (see preamble to the act of 1978). section 3(1) of the act of 1978 indicates the point of time at which the duty is to be levied and collected. when the goods mentioned in the schedule and .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-17-1991
Reported in : 1992(62)ELT495(Guj)
..... man-made fabrics, filament yarn and cellulosic spun yarn or in tariff item no. 18a which refers to cotton yarn. 2. the first schedule to the act was amended by finance act of 1972 when tariff item no. 18e was introduced. the petitioner contends that it came to know about the decision in special civil application no. 1058 of ..... article 226 of the constitution of india and order the department to refund the aforesaid amount. 4. as far as the challenge to the constitutional validity of section 11b of the act is concerned, the question is decided against the petitioner by a division bench of this court in the case of wigman electrical engineering (pvt.) ltd. v ..... in agreement with the reasons given and conclusion arrived at in the aforesaid judgment. for the reasons stated therein, the challenge to the constitutional validity of section 11b of the act cannot be sustained. 5. as far as the question of exercise of power under article 226 of the constitution of india is concerned the power cannot be .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-07-1991
Reported in : [1993]200ITR688(Guj)
..... his independent private practice as a civil engineer in 1972, and he was granted registration as valuer under the wealth-tax act, on january 6, 1976. section 34ae was inserted in the wealth-tax act, by the finance act, 1988, and under the said provision, every person whose name was included in the register of valuers, immediately before june ..... 1, 1988, if he intended to continue to be registered under the act, was required to make an application under sub-section (2) of section 34ab within a period ..... in this behalf may apply to the chief commissioner or director-general in the prescribed form for being registered as a valuer under that section. section 34ae, which was inserted in the act with effect from june 1, 1988, provides that every person whose name is included in the register of valuers immediately before june 1, .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-16-1991
Reported in : AIR1993Guj53
..... was submitted to the state government and after consulting the consulting surveyor the state government sanctioned the development plan in exercise of its power conferred by section 10 of the said act. annexure a to the petition is the notification dated 21st august 1965 issued by the government in panchayats and health department sanctioning the development plan ..... local authority after making up its mind to acquire land for a public purpose must do so within as short a period of time as possible ..... the finances of a local authority are not unlimited nor have they the power to execute all schemes of proper utilisation of land set apart for public purposes as expeditiously ..... reliance on the judgment of the supreme court in k. l. gupta v. the municipal corporation of greater bombay, air 1968 sc 303. the supreme court has referred to the relevant provisions of the bombay town planning act in order to come to the conclusion that sections 4, 9, 10, 11, 12 and 13 of the bombay town planning .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-1991
Reported in : (1992)1GLR136
..... in 1984 (vol. 55) sales tax cases 162, the government of india, ministry of finance, department of revenue had issued notification dated 18-4-1980 in exercise of power conferred by sub-section (1) of section 25 of the customs act, 1962, exempting aluminium wire rods or aluminium ingots falling within chapter 76 of the first schedule ..... of cinema houses or theatres is provided under clause (e) of part i of the schedule. in exercise of the powers conferred by sub-section (3) of section 3 of the act, the government of gujarat. industries, mines and power department issued notification no. ghu 142/eld/1068/10721-k-iv dated 1-1-1969 remitting ..... shri vakil, based the above referred arguments on the provisions of sections 7 and 20 of the bombay general clauses act. section 7 of the bombay general clauses act, 1904 reads as under:section 7. where this act, or any bombay act (or gujarat act) made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then .....
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