Court : Gujarat
Reported in : (2001)2GLR1785
..... this, he has cited an unreported decision in the case of dahyabhai ambalal modi v. chandrakant raichand modi, rendered in criminal appeal nos. 889 of 1977 & 765 of 1978. as against this, shri s. t. mehta, the learned a.p.p., for the revision opponents has cited an authority of state of gujarat v. chandraprakash khushaldas ..... not a good law. mr. mehta has cited an authority of smt. kantaben champaklal v. d. v. mistri, food inspector, ahmedabad municipal corporation & anr., reported in 1978 (1) pfac 125, wherein, division bench of this court has specifically held in the penultimate part of para 9 that for the aforesaid reason, the decision given by justice ..... in mind. the provisions with regard to limitation for taking cognizance of certain offences are contained in chapter 36 of the criminal procedure code, 1973 running in between secs. 467 and section 473. as per section 468(2)(c) of the act, the period of limitation shall be three years, if the offence is punishable with imprisonment for a .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)167CTR(Guj)34; [2001]250ITR229(Guj)
..... permission to the co-operative bank specified below for investment of their funds not exceeding 10 per cent of the annual average surplus resources in deposit with the housing development finance corporation limited, bombay : (1) the gujarat state co-operative bank limited, ahmedabad. (2) all district central co-operative banks in the state of gujarat. ( ..... other banks/institutions which can be treated as income attributable to a banking activity. the following extracts from the statement of objects and reasons for the banking regulation (amendment) act (act 23 of 1960) (air manual, 5th edn. vol. 2, pp 588 and 620) bear out our conclusion : "as credit institutions dealing primarily with depositor's monies ..... clause. the wide range of the expression "attributable to" by the supreme court in its judgment in the case of cambay electric supply industrial co. ltd. vs. cit (1978) 113 itr 84 (sc) : tc 25r.306 and vellore electric corpn. ltd. vs. cit (1997) 227 itr 557 (sc) : tc s25.2582 and by the .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]251ITR876(Guj)
..... was concerned.8. having heard learned counsel for the parties and having perused the relevant provisions of the kar vivad samadhan scheme, 1998, as contained in chapter iv of the finance (no. 2) act of 1998, and also the circular at annexure p to the petition, we are satisfied that there is no substance in the grievance being made on behalf ..... directing the department to refund the tax of rs. 40 lakhs and odd amount.3. mr. j. p. shah, learned counsel for the petitioner, has invited our attention to chapter iv of the kar vivad samadhan scheme- learned counsel has also invited our attention to the circular (exhibit p) published on december 17, 1998. since heavy reliance is placed ..... of the firm as well as of the partners. since, in the instant case, the partners were already assessed to tax under section 143(3) of the income-tax act at the relevant time and the partners paid up their tax dues prior to march 31, 1998, no tax was payable by the petitioner herein and, therefore, there were .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... on behalf of its members. petitioner no. 2 in the said petition is a practising chartered accountant. 4. service tax was introduced by the finance act, 1994. chapter v thereof contains the scheme and provisions relating to the tax. section 66 imposed service tax at the rate of 5 per cent. of the ..... chartered accountants' association and the gujarat institute of civil engineers and architects have challenged the constitutional validity of section 88 of the finance act, 1997, and section 116 of the finance (no. 2) act, 1998, levying service tax on consulting engineers and architects and also on practising chartered accountants. 2. the gujarat institute of ..... i can be better appreciated after taking into consideration the following weighty observations of the apex court in state of karnataka v. union of india : [1978]2scr1 : 'our constitution may be lengthy and considerably more comprehensive and elaborate than constitutions of other countries. nevertheless, to expect its contents to be so .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]253ITR718(Guj)
..... hindu undivided family will be taxed in the same status as partner of the three partnership firms. sub-section (9) in section 171 was inserted by the finance (no. 2) act of 1980 with effect from april 1, 1980, and being directly relevant for answering the questions referred, is reproduced in full as under : 'notwithstanding anything contained ..... a device to evade tax and as part of their tax planning. on behalf of the revenue, learned counsel submits that partial partitions effected after december 31, 1978, are not recognisable for the purpose of income-tax and the tax authorities were fully justified in treating the original hindu undivided family as continuing and bringing ..... asses-see is that sub-section (9) of section 171 may not recognise the fact of partial partition having taken place after the appointed date december 31, 1978, but there was no legal inhibition to hold that the smaller-hindu undivided family had only remained as partner of the three firms and the assessing officer was .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)170CTR(Guj)444
..... recognised and the huf will be taxed in the same status as the partner of three partnership firms. sub-section (9) in section 171 was inserted by the finance (no. 2) act of 1980 with effect from 1-4-1980 and being directly relevant for answering the questions referred, is reproduced in full as under :'notwithstanding anything contained in the ..... as a device to evade tax and as part of their tax planning. on behalf of the revenue , learned counsel submits that partial partition effected after 31-12-1978, are not recognisable for the purpose of income-tax and the tax authorities were fully justified in treating the original huf as continuing and bringing to tax its full ..... behalf of the assessee is that sub-section (9) of section 171 may not recognise the fact of partial partition having taken place after the appointed date 31-12-1978, but there was no legal inhibition to hold that the smaller huf had only remained as partner of the three firms and the assessing officer was, therefore, right .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]251ITR615(Guj)
..... separate and independent proceedings but they form a part of the search operations followed by the special procedure for assessment of undisclosed income as contained in chapter xiv-b of the act. section 158b(b) defines ' 'undisclosed income' include any money ... or thing or any income based on any entry in the books of ..... the assessing officer of the raidees, learned counsel for the petitioner strongly relied on the decision of this court in p. v. doshi v. cit : [1978]113itr22(guj) . learned counsel further relied on the averments and submissions made in the rejoinder affidavit which are already quoted hereinabove. learned counsel for the petitioner also ..... act in the case of mahendra s. shah and hemant c. shah and their group concerns. these persons are not in any way connected with the petitioner and the petitioner does not have dealings with them by way of sale of goods or even otherwise. the said persons (hereinafter referred to as 'the raidces') are engaged in the business of finance .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)166CTR(Guj)306
..... also without any substance. as already stated above, in khandubhai vasanji desai (supra), this court has examined and explained in detail the scheme of chapter xiv-b of the act. it is held therein that when any undisclosed income is detected and the assessing officer proceeds under section 158bc to issue notice to the person in ..... the assessing officer of the raidees, the learned counsel for the petitioner strongly relied on the decision of this court in p.v doshi v. cit : [1978]113itr22(guj) . the learned counsel further relied on the averments and submissions made in the rejoinder affidavit which are already quoted hereinabove. the learned counsel for the ..... act in the case of m/s mahendra s. shah and hemant c. shah and their group concerns. these persons are not in anyway connected with the petitioner and the petitioner does not have dealings with them by way of sale of goods or even otherwise the said persons (hereinafter referred to as 'the raidees') are engaged in the business of finance .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3377
..... the sellers. the buyers executed two fixed and floating charges on its book debts by discounting its invoices with a finance company. the buyers went into liquidation. the security holder contended that the seller's title retention caluse amounted to a ..... present sale'), or by the performance of an agreement to sell. the term `sale' is accordingly somewhat ambiguous'.4.16(a) chapter v provides passing of property, para 5.002 provides for property, possession and risk. the property in the goods is to ..... change of front in the defence. the hon'ble supreme court had held in the above referred judgement of : [1978]3scr571 that an amendment of the written statement based on facts which were neither stated in the correspondence nor in the ..... plaint.2. the facts giving rise to this petition are as under:-2.1 the plaintiffs are company incorporated under the companies act, 1913 carrying on business, inter alia, as manufacturers and sellers of furnace and other eingineering goods. m/s. polysteels (india .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3265
..... of permission. it is under this section, permission is granted for development of land.23. so far as the town planning schemes are concerned, chapter v of the development act refers to the same. the act also provides that the scheme may make provision for the allotment or reservation of the land for roads, open spaces, gardens, grounds, schools, markets ..... anand municipality.6. a scheme was framed for anand town under the provisions contained in the bombay town planning act, 1954 (for short referred to as the `planning act'). a notification was issued for sanctioning the scheme on 21/07/1978, the copy of which is produced at annexure-a. the government of gujarat, in exercise of the powers ..... government of gujarat sanctioned the said final scheme and fixed the 11th day of september, 1978 as the date for the purpose of clause (b) of subsection (2) of section 65 of the development act.6.1 the petitioners have placed on record form b (rule 17 & 29 of the bombay town planning rules), which is at .....
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