Court : Gujarat
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... was subsequently converted into rajkot municipal corporation, section 77 is one of the sections in chapter vii of the bombay municipal boroughs act, 1925. that chapter deals with municipal taxation and it consists of sections 73 to 103, both inclusive. in this chapter there are six sub-groups of sections, sub-group (1) consists of section 73 ..... that paragraph which deal with controversies regarding the advisability of government owned transport service as against private operators.10. in sunil batra v. delhi administration, air 1978 sc 1675. krishna iyer j. speaking for the supreme court has observed in paragraph 38 at page 1686:'constitutional deference to the legislature and the democratic ..... the contents of the rules. the point referred to us, and therefore point no. i formulated at the time when second appeal no. 110 of 1978 was admitted, must be decided in favour of the appellant municipal corporation and against the respondents in the sense that the answer must be that the provisions .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR224
..... and the very caption shows that they are the rules made by the corporation under section 457(3)(a) of the bombay provincial municipal corporations act, 1949. now the scheme of chapter xxx of the act shows that the rules of the type enlisted at section 457 are the rules which can be made by the corporation by virtue of the ..... of the state government as per the powers vested in the corporation under section 45(2) of the act. as a matter of fact, one mr. m.a. panchal, the deputy municipal commissioner, had resigned his office with effect from 1-11-1978. the municipal commissioner therefore made his proposal by his letter dated 24-1-1979 requesting the standing ..... committee of the corporation to fill in on a permanent basis the said post that had fallen vacant on account of the resignation of mr. panchal. as per section 45(5) of the act, the corporation was required .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)20CTR(Guj)90; [1981]127ITR65(Guj)
..... into a common account; (vii) the overall control of the board of the directors over all the businesses, common ownership of the various businesses, common source of finance, consolidation of accounts and common assessment proceedings in different years were factors of no material importance; (viii) even in the case of a limited company, there can ..... decisive test was unity of control and not the nature of the two lines of business. 9. in b.r. ltd. v. v. p. gupta, cit : [1978]113itr647(sc) , the assessee-company, which had incurred a loss in the business of import and sale of woollen fabrics, etc., in the calendar year 1952, closed the ..... business were available for set off against the profits of the general insurance business in the relevant previous year under s. 24(2) of the indian i.t. act, 1922. it was held that interconnection, interlacing, interdependence and unity were furnished by 'the existence of common management, common business organisation, common administration, common fund and .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)25CTR(Guj)283
..... s. 33(2) regarding the unabsorbed development rebate from the previous years. 20. we may point out that under s. 72a of the 1961 act, which came into effect from april 1, 1978, under the finance (no. 2) act, 1977, it has been provided that where there has been an amalgamation of a company owning an industrial undertaking or a ship with another company ..... head of income in accordance with the provisions of s. 71, so much of the loss as has not been so set off, subject to the other provisions of the chapter, shall be carried forward to the following assessment year and shall be set off against the profits and gains, if any, of any business or profession for that assessment year ..... arises or is deemed to accrue or arise to his in india during such year. we are not concerned with clause (c) of s. 5(1) in this case. 6. chapter iv of the 1961 act deals with the computation of the total income and s. 15 deals with the heads of income. it provides that save as otherwise provided by the .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)21CTR(Guj)219; [1982]135ITR443(Guj)
..... have been contravened if the industrial undertaking is set up in rented premises.' 8. it may further be pointed out that ss. 81 to 85c were deleted by the finance (no. 2) act of 1967, with effect from april 1, 1966, and in place of s. 84, s. 80j was enacted providing for the same type of relief but instead of ..... case of this very assessee in cit v. suessin textiles ball bearing & products ltd. : [1979]118itr45(bom) . however, in view of what has been stated in satellite engineering's case : [1978]113itr208(guj) , it must be held that in the subsequent years, that is in assessment year 1962-63 and in subsequent assessment years, relief under s. 84 can be claimed ..... and haryana high court in cit v. hindustan milk food . . he also drew our attention to the decision of the bombay high court in cit v. kopran chemical co. ltd : [1978]112itr893(bom) and the decision of the assam high court in steelsworth ltd. v. cit : [1968]69itr366(ap) . there is also the decision of the madras high court in cit .....
Tag this Judgment!Court : Gujarat
Reported in : [1981]129ITR133(Guj)
..... computed in accordance with the provisions of the act, before making any deduction under the chapter or under s. 280-0. the second part of chap. vi-a is part b, which pertains to deductions in respect of certain payments which the ..... ) provides that in computing the total income of an assessee, there shall be allowed from his gross total income, in accordance with and subject to the provisions of the chapter, the deductions specified in ss. 80c to 80vv. section 80b is the definition section. sub-s. (5) defines 'gross total income' to mean the total income ..... electric supply industrial co. ltd. v. cit : [1978]113itr84(sc) . the supreme court was concerned with the question of computation of total income of the assessee carrying on business of an industry specified under s. 80e of the act prior to its amendment by the finance (no. 2) act of 1967 for the purpose of the special deduction permissible .....
Tag this Judgment!Court : Gujarat
Reported in : [1981]128ITR486(Guj)
..... the provisions of the finance act, of 1965. 4. as regards the powers of the aac in the appeal under s. 251 of the i.t. act, 1961, being a section similar to s. 33(b) of the indian i.t. act, 1922, there has been the authoritative pronouncement of the supreme court in addl. cit v. gurjargravures p. ltd. : [1978]111itr1(sc) . ..... the proceedings or other particulars before the ito at the stage of original assessment disclosed any grounds for relief under s. 2(5)(a)(iii) of the finance act of 1964 or of the finance act of 1965, even though no claim was made for that relief by the assessee at the stage of those proceedings before him. it is possible to ..... the proceeding or any other particulars before him at the stage of the original assessment indicated that the assessee was entitled to such relief under the provisions of the relevant finance act, 1965, so far as the order under reference is concerned. this question in the light of this circular of 1955 has not been examined by the tribunal. what .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]133ITR578(Guj)
..... : 'whether, on the facts and in the circumstances of the case, the deductions allowed to the assessee under chapter vi-a of the income-tax act amount to deductions from total income or are income, profits or gains not includible in the total income as contemplated ..... j., speaking for the division bench, observed : 'we may point out that the position is not free from doubt as the heading of chapter vi-a states that it is a `deduction from total income'. however, any ambiguity has to be resolved in favour of the subject.' ..... the third of the calcutta high court. as regards the decision of the karnataka high court in cit v. united breweries ltd. : [1978]114itr901(kar) , the case dealt with the provisions of r. 2 of sch ii and is not helpful to us for the purposes ..... have arrived at for the reasons which have appealed to us. 25. in cit v. century spg. and mfg.co. ltd. : [1978]111itr6(bom) , a division bench of the bombay high court has also come to the same conclusion as we have arrived at. at p .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj212; (1981)GLR982
..... not able to grant financial assistance because the industrial development bank of india (idbi) was unwilling to refinance this transaction; that the idbi had closed the chapter of refinance; and that the board of directors of the respondent-corporation had at its meeting held on 24-4-1979. resolved not to make any ..... assisting industrial concerns as defined in clause (c) of section 2 of the state financial corporations act. 1951. as the statement of object-, and reasons shows it was an act made 'inorder to provide medium and long-term finance to industrial undertakings which fail outside the normal activities of commercial banks.' in order to achieve this ..... m. patel, was appointed by the petitioner-company as one of its directors. the resolution to this effect was passed by the petitioner-company on 10-10-1978. meeting the queries made by the manager (law) of the respondent-corporation the solicitors mentioned above reiterated and reaffirmed their opinion about the marketable title of .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]138ITR61(Guj)
..... the supreme court is reported in : [1979]118itr243(sc) (cloth traders (p.) ltd. v. addl. cit). after the decision of the supreme court, the legislature, by finance (no. 2) act of 1980, inserted s. 80aa but this amendment was with retrospective effect from april 1, 1968. in the statement of objects explaining the reasons for the insertion of section ..... of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends.' 3. section 12 of the finance (no. 2) act of 1980, which inserted s. 80aa in the i.t. act, says 'after section 80a, the following section shall be inserted ..... . as regards assessment years 1968-69 and 1969-70, in view of s. 80aa inserted by the finance (no. 2) act of 1980 with effect from 1st april, 1968, the computation of the relief under s. 80m of the act will be with reference to the net dividend income and not with reference to the gross dividend income. 5 .....
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