Court : Gujarat
Reported in : [1975]99ITR54(Guj)
..... so far as such tax relates to income subject to advance tax and so far as it is not due to variations in the rates of tax made by the finance act enacted for the year for which the regular assessment is made, simple interest at the rate of nine per cent. per annum from the 1st day of april next ..... but shall not exceed one and a half times the amount by which the tax actually paid during the financial year immediately preceding the assessment year under the provisions of chapter xvii-c falls short of 75% of the determined on the regular assessment as may be modified under the provisions of section 215, or where a notice under section ..... default being the crucial date for purposes of determining penalty is not sustainable in view of the scheme contained in section 273 read with sections 217 and 215 of the act of 1961. out of the two interpretations to which we have referred hereinabove, as to the crucial date being reasonable and probable, we would prefer the third interpretation which .....
Tag this Judgment!Court : Gujarat
Reported in : 1978(2)ELT238(Guj)
..... levying any other charge which is unreasonable may be made to the tribunal, and the tribunal shall hear and decide any such complaint in accordance with the provisions of that chapter. but the tribunals have not been given any power to refund. the supreme court has, in some cases, held that for refund of such money, civil suit is ..... dispute that the goods are excisable goods. the expression 'manufacture' has been defined in clause (f) of section 2 of the act. chapter ii deals with 'levy and collection of duty'. the relevant part of section 3 of the act reads : '(1) there shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods ..... by the defendant at ex. 8. 4. the plaintiff - company is doing manufacture of pumps of various sizes, electric motors, switch-gears and other electric equipments. 5. by the finance bill of 1960, the excise duty was levied on 'electric motors, all sorts and parts thereof' under item no. 30 of the first schedule to the .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]99ITR179(Guj)
..... 's case had not been in accordance with the intentions of the legislature, it is reasonable to suppose that the necessary amendment would have been made in some subsequent finance act. in these circumstances, i think that this is plainly a case in which the principle stare decisis should be applied, and i would, therefore, hold that, when ..... the assured. in burglary insurance it is the property exposed to the peril. similarly, in fire insurance the building insured is the subject-matter of insurance'. 23. in chapter 5 on insurable interest at page 19 the said learned author observed : 'where, as in the case of personal accident insurance and most branches of property insurance, the ..... been invited by the learned counsel for the revenue to the observation made by e. r. hardy ivamy in his aforesaid book on general principles of insurance law in chapter 44 on 'the assignment of the proceeds of the policy' at page 399, which reads as under : 'in the case of life policies, what is commonly called .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]98ITR85(Guj)
..... was only in respect of certain matters enumerated in sub-section (3) of that section that the bar to disclosure was removed. after section 137 too was repealed by the finance act, 1964 (5 of 1964), section 138, as it exists at present, was enacted, and according to sub-section (1) of that section, the commissioner of income-tax is made the ..... ) all particulars contained in any statement made, return furnished or accounts or documents produced under the provisions of this act, or in any evidence given, or affidavit or deposition made, in the course of any proceedings under this act other than proceedings under this chapter, or in any record of any assessment proceeding, or any proceeding relating to the recovery of a demand .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR382
..... section 3 various offences under the penal code, offences punishable under the prevention of corruption act, import & export, act, foreign exchange regulation, indian post office act, companies act, insurance act, indian official secrets act, essential commodities act, industries (development and regulation) act and attempts, abetments and conspiracies in relation to these offences. a copy of this ..... entry in the state list even though the classes of subjects looked at singly, over-lap in many respects. vide chaturbhai v. union of india : 1978(2)elt297(sc) and the second gift tax officer, mangalore v. d.h. hazarelh a.i.r. 1970 i.c. 999. if, therefore, ..... the delhi special establishment is a central police delhi special police establishment act to invest offences corruption committed by officers or others in departments of does not confer any power to deal with cases government. it up and financed the government.(b) departments of the administrations in centrally administered states. .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]102ITR585(Guj)
..... one sum or in instalments of his choice) during the financial year immediately preceding such assessment year at the rate or rates specified in this behalf in the annual finance act : provided that the income-tax officer may, in such cases, under such circumstances and subject to such conditions as may be specified in a scheme framed under section ..... so made.' 6. section 280w empowers the central government to frame one or more scheme or schemes to be called annuity deposit scheme or schemes in relation to deposits under chapter xxii-a. sub-section (2) enumerates the different topics which may be provided for the by purposes of theses references. sub-section (2)(aa) reads as under : ..... government at any rate or rates, such person shall make such deposit at that rate or those rates in accordance with, and subject to the provisions of, this chapter in respect of the adjusted total income of the previous year or previous years, as the case may be. (2) in respect of the adjusted total income in .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]102ITR584(Guj)
..... one sum or in instalments of his choice) during the financial year immediately preceding such assessment year at the rate or rates specified in this behalf in the annual finance act :provided that the income-tax officer may, in such cases, under such circumstances and subject to such conditions as may be specified in a scheme framed under section ..... actually so made.'section 280w empowers the central government to frame one or more scheme or schemes to be called annuity deposit scheme or schemes in relation to deposits under chapter xxii-a. sub-section (2) enumerates the different topics which may be provided for the by purposes of theses references. sub-section (2)(aa) reads as under ..... government at any rate or rates, such person shall make such deposit at that rate or those rates in accordance with, and subject to the provisions of, this chapter in respect of the adjusted total income of the previous year or previous years, as the case may be.(2) in respect of the adjusted total income in .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]107ITR447(Guj)
..... included all income in which no income-tax is payable under chapter vii.'chapter vii of the act consists of sections 81 to 86 and at the relevant time the heading of the chapter was 'incomes forming part of total income on which no income-tax is payable.' by the finance (no. 2) act, 1967, with effect from the april 1, 1968, ..... section 81 to 85c were deleted and the provisions of those sections have been incorporated by the same act under new sections with effect from ..... from time to time. but there is one authority of this high court which, though not concerned with section 81, was in connection with another section falling under chapter vii of the income-tax act, 1961. that decision is in additional commissioner of income-tax v. cloth traders (p.) ltd. : [1974]97itr140(guj) . the question before the court .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]102ITR455(Guj)
..... value of any annuity paid, under the provisions of section 280b. by another section of finance act, 1964, with effect from april 1, 1964, a wholly new chapter, namely, chapter xxii-a, dealing with annuity deposits was inserted in the income-tax act, 1961, and this chapter xxii-a runs from section 280a to section 280x. section 280b, sub-section (4), ..... in this case, it is necessary to refer to a few provisions of the income-tax act, 1961, and the annuity deposit scheme framed under the provisions of the act. clause (viii) of section 2(24) was inserted by section 4 of the finance act, 1964, with effect from april 1, 1964. according to this definition of section 2( ..... legal representative and nominee of one subhadraben k. nawab who was the original depositor of certain amounts under the annuity deposit scheme set out in chapter xxii-a of the income-tax act, 1961. subhadraben, the original depositor, had made a nomination in the regular form under the scheme in favour of the assessee and by her .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]104ITR132(Guj)
..... by the final scheme is the rights over realty. 7. section 66, with which we are concerned in these matters, finds its place in chapter viii, which is about 'finance'. this chapter beings with section 64 which states what sums shall be included in the cost of a town planning scheme. section 66, which provides for the ..... value, the question whether the assessees concerned have desired that increment or not, is not material. it is in view of the statutory provisions of the act that they have to make the contribution and when these statutory provisions contemplate that contribution has to be paid in consideration of the increment, it becomes irrelevant ..... general, who appeared on behalf of the assessees in these references, however, raised several contentions to show that in spite of the above referred provision of the act, the charges in question are revenue charges, which are required to be paid on commercial expediency of keeping the assessees' business running. he contended that the assessees .....
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