Court : Gujarat
Reported in : [2002]257ITR355(Guj)
..... 15th march 1989 made in the appeal of the assessee against the said order imposing penalty under section 273(2)(a) of the act, held that, while filing the `nil' estimate of advance tax on 14-12-1978, the assessee had full knowledge of interest income of rs. 66,29,236=00, which had already accrued and also knew ..... belief that it was not taxable, cannot be said to be false.[bb] the decision of the punjab & haryana high court in commissioner of income tax v. firozepur finance (p) ltd. reported in was cited for the proposition that if income does not result at all, there cannot be levy of tax. the court followed the decision ..... or security similar to the security as may be provided by ambalal sarabhai enterprises pvt. ltd. in respect of deferred purchase consideration'.14.5 in the minutes dated 30th june 1978, after referring to the said proposal regarding revised mode of payment, it was, inter alia, resolved, ' .............. the company hereby approve, accept and adopt the following revised .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)173CTR(Guj)193
..... manganese ore co. ltd. v. cit : [1986]160itr961(sc) , in which, in context of the provision of section 215 of the act, approving the decision of the gujarat high court in bhikhoobhai n. shah v. cit : [1978]114itr197(guj) , it was held that, interest is levied under sub-section (8) of section 139 and under section 215, because, by ..... a bona fide belief that it was not taxable, cannot be said to be false.(bb) the decision of the punjab & haryana high court in cit v. firozepur finance (p) ltd. was cited for the proposition that if income does not result at all, there cannot be levy of tax. the court followed the decision of the ..... security similar to the security as may be provided by ambalal sarabhai enterprises (p) ltd. in respect of deferred purchase consideration'.14.5. in the minutes dated 30-6-1978, after referring to the said proposal regarding revised mode of payment, it was inter alia, resolved, '............the company hereby approve, accept and adopt the following revised mode of .....
Tag this Judgment!Court : Gujarat
Reported in : 2002(82)ECC497; 2003(154)ELT37(Guj); (2002)2GLR1337
..... place in relation to the actual wordings and the meaning of entries 28, 29 and 34 of notification no. 17. the said entries read as under :sr. no.chapter or heading no. or sub- heading no.description of goodsstandard rateadditional duty ratecondition no.28.15edible oils falling under heading no. 15.08, 15.11.15.12, 15. ..... goods are declared exempt or exigible to concessional rate of duty and such goods are those falling within the chapter, heading no. or sub-heading no. of the first schedule to the tariff act. section iii, chapter 15 of the tariff act classifies various goods like animal or vegetable fats and oils and their cleavage products, etc. that classification heading ..... ors. v. tata iron steel co. ltd., jamshedpur, 1977 elt (j-61). [5] hemraj gordhandas v. h.h. dave, assistant collector of c.e. & customs, surat and ors., 1978 elt (j-350). [6] bombay oil industries ltd. v. collector of central excise, cochin, 1997 (91) elt 538 (sc) [7] dunlop india ltd. & madras rubber factory ltd. v .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1807
..... institution to engage larger number of daily-wage workers for long number of years without absorbing them or creating posts which constitutes an unfair labour practice. if finances are short engagement of such daily wage workers could only be for a short limited period and if continuous work is required it could only do so ..... were not in dispute before the tribunal. before the tribunal, the respondent has deposed that initially he was appointed at petlad depot as watchman with effect from 1978, and thereafter, he was transferred at sojitra control point and petlad depot was having three watchmen. as per his deposition before the labour court, during the ..... decision in para 21 which is reproduced as under :'21. the matter directly arose before the supreme court in the context of provisions under the industrial disputes act relating to unfair labour practice connected with continued long employment as casual or temporary hand. the claim of workmen to permanent status on the ground that their .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]259ITR405(Guj)
..... the erstwhile ruler of vadia was notified at item 60 of the notification dated may 14, 1954 (see [1954] 26 itr 3), issued by the government of india, ministry of finance (revenue division) and published in the gazette of india, part ii, section 3, dated may 14, 1954, pursuant to the provision of item (iii) of para. 15 of the ..... of rs. 1,57,280 made by the wealth-tax officer was, therefore, deleted. similar orders were made by the appellate authority on the appeals filed for the assessment years 1978-79 and 1979-80 on july 3, 1984, and december 20, 1985, respectively.5. the matter was carried to the appellate tribunal by the wealth-tax officer in respect ..... be regarded as the palace mentioned in the notification, and therefore, the exemption under section 5(1)(iii) of the act was not available to the assessee.3. the return for the assessment year 1978-79 was filed on june 30, 1978, by the assessee in the status of a 'hindu undivided family'. for the reasons stated in the assessment order for .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]122TAXMAN782(Guj)
..... are that, the palace of the erstwhile ruler of vadia was notified at item 60 of the notification dated 14-5-1954 issued by the government of india, ministry of finance (revenue division) and published in the gazette of india, part ii, section 3, dated 14-5-1954, pursuant to the provision of item (iii) of para 15 ..... 1,57,280 made by the wealth tax officer was, therefore, deleted. similar orders were made by the appellate authority on the appeals filed for the assessment years 1978-79 and 1979-80 on 3-7-1984 and 20-12-1985 respectively.3. the matter was carried to the tribunal by the wealth tax officer in respect of these ..... (i) and (ii) ** ** **(iii) any one building in the occupation of a ruler, being a building which immediately before the commencement of the constitution (twenty-sixth amendment) act, 1971, was his official residence by virtue of a declaration by the central government under paragraph 13 of the merged states (taxation concessions) order, 1949, or paragraph 15 of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR447
..... 2) of section 196, the commissioner may maintain the said water works and regulate the use of any water of such work under section 197 and chapter x of appendix iv of the said act of 1949. thus, the commissioner is enjoined with the duty to maintain lakes and ponds of the city which are to statutorily vest in the corporation ..... by the nagarpalika on 30-12-2000 for obtaining permission for revitalization of 'madaria talav' from the collector, ahmedabad and to get the necessary grant. the gujarat municipal finance board had also intimated by its letter dated 16-1-2001 that an amount of rs. 63,25,518-00 was sanctioned by the board for the project. a ..... the irrigation department of the state government was assigned the ownership of that lake and its appurtenant lands and that the collectorate was taking a consistent stand ever since 1978 that should the irrigation department wish to hand over the lands of chandola lake back to the revenue department, it should take steps to do so free of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj87; (2002)3GLR904
..... at annexure 'a' recited that it was issued in respect of the property tax and water tax under rules 39 and 40 of the schedule of chapter 8 of the said act. it appears from the statement attached to that bill that it was prepared on the basis of the property tax dues calculated from 1955-1956 upto 1997 ..... information about the property supplied to the corporation by the petitioner. according to the respondent-corporation, the action was in consonance with the circulars issued by the ministry of finance and that the other properties of the union of india occupied by all india radio, doordarshan kendra, telecommunications etc. were subjected to service charges by the corporation. it ..... vires its power. 5.3 reliance was also placed on the decision of the supreme court in union of india v. the city municipal council, reported in air 1978 sc 1803 for the proposition that the property of the union was exempted from all taxes imposed by state or by any authority within the state under clause (1) .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]116CompCas248(Guj)
..... ' on internal page 7 of the 'summary of exchange offer and consent solicitation'. therefore, the new notes were issued by the company in context of the finances of its business. the investors were offered interest on their investments in the notes and they could transfer their entitlements as per the terms and conditions of the ..... ', the promise can be enforced by 'c' against 'a' if 'b' has constituted himself trustee of 'a's' promise for 'c'. (see para 19.065 chapter 19 at page 998 chitty on contracts, volume i, 28th edition). two consequences generally flow from a finding that there is a trust in favour of a third party. ..... , therefore, is whether these notes issued by the appellant company fall under the category of instruments that are securities.17.2 the fundamental purpose underlying securities acts is to eliminate serious abuses in a largely unregulated securities market. there is virtually limitless scope of human ingenuity especially in the creation of the numerous schemes .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)179CTR(Guj)266; [2003]259ITR526(Guj)
..... section 32a) unless the context otherwise requires, 'actual cost' means the actual cost of the asset to the assessee, . . . explanation 8 to clause (1) which was inserted by the finance act, 1976, with effect from april 1, 1975, reads as under :'explanation 8.-- for the removal of doubts, it is hereby declared that where any amount is paid or is payable ..... cost.' 57. it is pertinent to note that the calcutta high court was dealing with a case where the fluctuation in the foreign exchange rate took place in the year 1978-79. it is not clear, however, as to exactly in which year the plant or machinery was first put to use. the calcutta high court was not called upon ..... only for eight years from the year of installation and first use, because in their case section 43a would not be applicable.(iv) in arvind mills ltd, v. cit : [1978]112itr64(guj) , this court had held that the benefit of fluctuation in foreign currency in the year in which the plant and machinery is purchased and first put to use .....
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