Court : Gujarat
Reported in : (1996)132CTR(Guj)491; [1996]220ITR579(Guj)
..... is contended by the petitioner that in view of the agreement executed by and in between respondents no. 2 and 3, respondent no. 1, under chapter xx-c of the act scrutinised the form and the respondent no. 1 held that the consideration shown therein is less than the value of the property, and passed an order ..... the decision rendered on 24th feb., 1995 by the appropriate authority, ahmedabad, exercising the powers under chapter xx-c of the it act, 1961 (hereinafter referred to as the act) for pre-emptive purchase of the property under s. 269ud(1) of the act. 2. it appears from the contentions raised in the petition that the petitioner and respondent no ..... [1996]217itr274(guj) wherein the court reiterated the following findings of this court in the case of anagram finance ltd. vs . appropriate authority : [1996]217itr22(guj) : 'a combined reading of s. 269ud(1a) and (1b) of the act leaves no room for doubt that it is a question of objective decision making process by taking into consideration .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]221ITR317(Guj)
..... empowered to enter on and inspect or cause to be entered on and inspected any work carried on by a local authority. chapter iv of the boards act provides for contract, finance, accounts and audit. section 17 of the boards act relates to board's fund, which reads as under : '17. (1) the board shall have and maintain its own ..... all monies received respectively by or on behalf of the municipalities and also for the withdrawal of such moneys therefrom, as may be specified in law. 243y(i). the finance commission constituted under art. 243-i shall also review the financial position of the municipalities and make recommendations to the governor as to - (a) the principles which should ..... is not of physical receipt of income but what is received in the eye of law. relying on the decision in the case of udayan chinubhai vs . cit : [1978]111itr584(guj) he submitted that in the instant case, even if interest is received, that itself is not a determining factor as it does not amount to receipt in .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1400
..... to forward a copy of this judgment to - (1) social welfare board, gandhinagar; (2) chief secretary, government of gujarat; (3) secretary, legal department; and (4) secretary, finance department for information and necessary action at their end, requesting each one of them to appraise this court what action they intend to take and when, on or before 15th ..... of hair, though are undoubtedly necessary, are not by themselves enough. as observed by dr. modi (in dr. modi's text-book of medical jurisprudence & toxicology in chapter-xvi 'sexual offence' under the caption of 'examination of victim') in addition to examining the marks of injuries on external and private part, the victim of rape may ..... , honest, poor needy's from s.c. & s.t. class. the possibility also could not be ruled out where genuine victim of atrocity under the atrocity act, who is entitled to quite fabulous ex-gratia compensation, may not get her entire due and middle man may siphons away the lion's share, leaving for her .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR783
..... : [1976]3scr247 , the supreme court was called upon to consider the ambit and scope of revisional power of government under section 20 of the bengal finance (sales tax) act, 1941. an argument was advanced that it would be unjust, unreasonable and impracticable if there is no bar of limitation inasmuch as in that case, proceedings ..... of payment and by whom such duty is payable. chapter iii enacts law relating to adjudication as to stamps. chapter iv covers those cases where instruments are not duly stamped. chapter v provides for allowances for stamps in certain cases. chapter vi relates to reference and revision. chapter vii specifies offences and procedure for trying such offences. ..... year 1958. in the preamble it is stated that the act was enacted with a view to consolidate and amend the law relating to stamp and stamp duties in the state of gujarat. chapter i is preliminary in nature and also defines various terms. chapter ii deals with stamp duties and the instruments chargeable with .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1123
..... that case. the discretion must be exercised judicially and not in an arbitrary or capricious manner. it, therefore, follows that the parliament has in the scheme of chapter xxvi resorted to a careful balancing of the relevant factors between the two termini, namely, while every effort should be made to avoid delay in charging the offender ..... instant case.10. in this connection, a reference deserves to be made to the ruling of this court in the case of state v. chimanlal gordhanbhai, reported in (1978) xix glr 603. the expression 'it is necessary so to do in the interests of justice' occurring in section 473 of the code has been interpreted inter alia ..... order that the prosecution tried to justify its belated action in launching the prosecution. the learned trial magistrate did not consider the case under section 473 of the act only on the ground that an application for condonation of the delay in launching the prosecution was not made simultaneously with the complaint. that view of the .....
Tag this Judgment!Court : Gujarat
Reported in : [1997]225ITR936(Guj)
..... road transport vehicles, which is owned by the assessee and is wholly used for the purposes of the business carried on by him...' section 32a was inserted by finance act, 1976 replacing the development rebate for the time being. we are not referring to subsequent history as the same is not relevant for the present purposes. 8. ..... in the firm in which husband was also a partner, on the part of wife attracted the provision. making a departure from this wide provision, in the 1961 act, the expression membership in a firm has been replaced by membership in a firm carrying on business. noticing this vital difference which legislature has brought about in enacting ..... set at rest by the supreme court in bangalore water supply & sewerage board vs. a. rajappa air 1978 sc 549 where in the context of finding out the meaning of 'industry' under s. 2(j) of the industrial disputes act, their lordships said 'where there is systematic activity organised by co-operation between employer and employee (the .....
Tag this Judgment!Court : Gujarat
Reported in : [1997]226ITR1(Guj)
..... partner' shall also include any person who, being a minor, has been admitted to the benefits of partnership. separate provisions are made for assessment of the firms in chapter xvi of the said act, which inter alia require application for registration of the firm to be signed by all the partners. such application is to be made before the end of the ..... because they were made by one group of proprietors to the other for the purchase of the proprietary rights in the business. the ito by order dt. 29th june, 1978 accordingly disallowed the said expenditure of rs. 2,50,350 claimed by way of compensation to the retiring partners. against that order the assessee approached the cit(a) raising ..... the proposed variation in the returned loss turned out to be more than rs. 1 lac, a draft order under s. 144b was served on the assessee on 30th march, 1978, to which the assessee filed its objections as regards the additions proposed. the assessee-firm had charged the p&l; a/c, an amount of rs. 2,50,350 .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)139CTR(Guj)284
..... partner' shall also include any person who, being a minor, has been admitted to the benefits of partnership. separate provisions are made for assessment of the firms in chapter xvi of the said act, which inter alia require application for registration of the firm to be signed by all the partners. such application is to be made before the end of the ..... because they were made by one group of proprietors to the other for the purchase of the proprietary rights in the business. the ito by order dt. 29th june, 1978 accordingly disallowed the said expenditure of rs. 2,50,350 claimed by way of compensation to the retiring partners. against that order the assessee approached the cit(a) raising ..... the proposed variation in the returned loss turned out to be more than rs. 1 lac, a draft order under s. 144b was served on the assessee on 30th march, 1978, to which the assessee filed its objections as regards the additions proposed. the assessee-firm had charged the p&l; a/c, an amount of rs. 2,50,350 .....
Tag this Judgment!Court : Gujarat
Reported in : [1998]93CompCas875(Guj)
..... treated as sale, exchange or transfer of capital assets. section 12b became inoperative with the commencement of the indian finance act, 1949, but was revived by the finance (no. 3) act, 1956, and the proviso to section 12b as inserted in the act in 1956 omitted reference to distribution of capital assets on liquidation of a company. the controversy arose under the ..... positive balance, it is to be added in the total income chargeable to tax augmenting the same. if the balance is negative, it has to be treated under the chapter titled, 'set off and carry forward losses' in accordance with the provisions to the extent the same are permissible. 10. the contention submitted by mr. soparkar, one of ..... 1946 and subsequent omission of the reference to distribution of assets on liquidation in the proviso to section 12b as amended by the finance (no. 3) act, 1956, the court held it to be clarificatory in character and not by way of creating any legal fiction. 5. that being the determining factor of .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... of india reads as under 'no person shall be deprived of his property save by authority of law.' 82. this article was inserted by the constitution (44th amendment) act, 1978, with effect from june 20, 1979. a brief look at the background of insertion of this article will be apposite. the right to property at the inception of ..... the court was dealing with a set of directions issued by the reserve bank of india having the force of law governing the conduct of non-banking non-financing institutions which were issued in exercise of power under section 45k. it was not a case of directly issuing an order bringing consequences on the alleged defaulter of ..... speak about giving post-decisional hearing. where the statute itself has provided penalties to be levied in the case of breaches of the provisions of the act, rules or regulations under chapter va, it has specifically provided under section 15-i that for the purpose of adjudging any breaches pointed out in sections 15a to 15h, the adjudicating .....
Tag this Judgment!