Court : Gujarat
Reported in : (2009)22VST569(Guj)
..... 11, 1995 announced premier unit scheme for incentive under the industrial policy 1995-2000 whereas the finance department issued resolutions dated july 19, 1996 and july 24, 1997, announcing the corresponding incentive scheme under the gujarat sales tax act, 1969. the petitioner has claimed that it received provisional premier registration certificate on february 1 ..... decisions in (1) ito v. m.c. ponnoose : [1970]75itr174(sc) ; (2) cannanore spinning & weaving mills ltd. v. collector of customs & central excise cochin and ors. : 1978(2)elt375(sc) ; (3) hukum chand, etc. v. union of india : [1973]1scr896 ; and (4) mrf ltd. v. asst. commissioner (assessment) sales tax and ors. (supra ..... . the memorandum further stated that the above provisions shall be deemed to be effective from july 1, 1978. the supreme court held that paragraph 3 of the memorandum gave deeming effect from july 1, 1978, but an executive order of the government could not have been made operative with retrospective effect.26. in .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)210CTR(Guj)587; [2008]300ITR328(Guj)
..... amount was liable to be refunded in the year 1986 and even prior thereto. a copy of this judgment will be forwarded to the hon'ble minister for finance for his perusal and further appropriate action against the erring officials on whose lethargic and adamant attitude the department has to suffer financially.by allowing this appeal, the ..... the assessee received refund only of the excess amount paid as advance tax. the assessee was not granted interest on the amounts found refundable. for the assessment year 1978-79, the assessee was granted refund of tax on the basis of the assessment order but no interest was paid on the refund. after the commissioner (appeals) ..... claim of interest on refund advanced by the petitioner was rejected as inadmissible under sections 243(1)(b), 244(1a) and section 214(2) of the income tax act, 1961 ('the act' for short); (2) the order dated january 18, 1993 passed by the chief commissioner of gujarat, ahmedabad, by which interest claimed by the petitioner on the .....
Tag this Judgment!Court : Gujarat
Reported in : 2008(127)ECC61; 2008(153)LC61(Gujarat); 2008(229)ELT24(Guj)
..... excise matters somewhat similar to the set up on the direct taxes side and the demand had been endorsed by the estimate committee of parliament. accordingly, finance act, 1980 provided for setting up an appellant tribunal to hear appeals in respect of customs, central excise and gold control matters independent of the executive machinery ..... charged with the responsibility of day to day administration of revenue laws. for doing so, entire chapter vi-a of the excise act was substituted with effect from 11.10.1982. while this new chapter conferred on the appellate tribunal power to entertain appeals within three months with further power to condone the ..... violative of article 14 of the constitution:7.1 it is submitted that all the appellants belong to one class viz. assessees. however, under chapter vi-a of the central excise act, two artificial classes of assessee-appellants are created - (i) those who have to file appeal before the commissioner (appeals) under section 35( .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]147CompCas243(Guj)
..... 12. mr. shelat further relied on the decision of the hon'ble supreme court in the case of everest coal company private limited v. state of bihar and ors. : [1978]1scr571 wherein it is held that when a court puts a receiver in possession of property, the property comes under court custody, the receiver being merely an officer or agent ..... recovery of the debt as per the certificate issued by the tribunal and this procedure is contained in chapter v of the act and is covered by sections 25 to 30. it is not the intendment of the act that while the basic liability of the defendant is to be decided by the tribunal under section 17, the banks/financial institutions ..... execution distress or recovery can be made except after obtaining leave under section 446(1) of the companies act, 1956.14. mr. shelat further relied on the decision of the delhi high court in the case of faqir chand gupta v. tanwar finance private limited (in liquidation) and ors. 51 company cases 60 (delhi) wherein it is held that .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)226CTR(Guj)652
..... as in the case of the owner of such machinery or plant 10. subsequently, the explanation underwent change by virtue of substitution by finance act, 1999 and the substituted explanation (b) was made applicable with retrospective effect from 01.04.1978. the substituted explanation (b) reads as under:(b) an industrial undertaking shall be deemed to be a small-scale industrial undertaking which ..... noted hereinbefore which has become operational with retrospective effect from 01.04.1978. in the circumstances, it is apparent that the tribunal will have to consider the amended provisions of explanation (b) and the appropriate notification issued by government of india under section 11b of the industries development and regulations act, 1951 for the purpose of determining whether the industrial undertaking, or .....
Tag this Judgment!Court : Gujarat
Reported in : 2008(120)ECC231; 2008(156)LC231(Gujarat); 2008(232)ELT600(Guj)
..... 196.vii. usha micro process control ltd. v. cc reported in .viii. jayswals nico ltd. v. cc reported in 2006 (195) elt 142 (sc).ix. uoi v. kamlakshmi finance corporation ltd. reported in air 1992 sc 771.x. k.l. tripathi v. state bank of india reported in : (1984)illj2sc .discussion8. taking into consideration the rival submissions of ..... s. jhunjunwala vanaspati ltd. (hereinafter referred to as 'the respondent') imported a consignment of crude palm oil-non-edible grade/industrial grade falling under chapter heading no. 1511 90 90 of the customs tariff act, 1975. out of the same, the respondent sold quantity of 500 mt to m/s. magpie overseas company, delhi (hereinafter referred to as ..... that at the relevant time, the rate of duty was 75% ad velorum for the goods imported being crude palm oil-non-edible grade/industrial grade falling under chapter heading no. 1511 90 90. he submitted that in terms of notification no. 21/02 for actual user manufacture of soap, it was 20%. learned advocate for .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj183
..... 13. the impugned order states that the same has been made in exercise of powers conferred by sub-section (1) of section 99 of the act. the said section appears in chapter viii relating to municipal taxation and dealing with part-(1) which talks about imposition of taxes. the relevant extract of the said provision reads as ..... addressed communication dated 26.10.1999 (annexure-e) to the state government. the petitioner-municipality had specifically pointed out how the impugned order would adversely affect the finances of the municipality. hence, no change or modification is called for in the judgment and order made yesterday i.e. 07.07.2008.19. accordingly, the ..... law. respondent no. 1- state government cannot be presumed to be oblivious of the fact that the direct result of the impugned order would affect the finances of the petitioner-municipality. in the circumstances, before making any order which on the face of it would operate adversely qua the petitioner-municipality it was incumbent .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)219CTR(Guj)247; [2009]317ITR391(Guj)
..... in which common judgment is rendered by this court on 27th april, 1998. he has further submitted that in view of the provisions of section 268a inserted by the finance act, 2008 with retrospective effect from 1st april, 1999 the applicant revenue should not be precluded from filing an application or reference on the same issue in the case of ..... such monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any it authority under the provisions of this chapter. so far as present assessee's case is concerned, tax effect in each of the three years is very low and is below the monetary limit prescribed by the ..... not challenge the correctness of the said judgment before the supreme court.9. mr. divatia has further submitted that even as per the provision contained in section 268a of the act, the applicant's case is covered by sub-section (1). section 268a(1) says that the board may, from time to time, issue orders, instructions or directions .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)220CTR(Guj)117; [2009]317ITR395(Guj)
..... of judgments laying down the principle that the circulars are binding to the department. the court's attention is invited to the provisions contained in section 268a of the act inserted by the finance act, 2008, with retrospective effect from 1st april, 1999. sub-section (4) of section 268a clearly states that the tribunal or court, hearing such appeal or reference, ..... such monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any it authorities under the provisions of this chapter. the court took the view that the tax effect in each of the three years is very low and is below the monetary limit prescribed by the board and ..... monetary limit for the purpose of regulating filing of appeal/application for reference by any it authorities under the provisions of chapter-xx of the act. it is, therefore, urged that the tribunal has rightly dismissed all these tax appeals on the ground of low tax effect and no question of law, much less .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)
..... from 1st july, 1995 and will, accordingly, apply in relation to the assessment year 1996-97 and subsequent years.12.3. the finance act, 2001 carried out certain amendments in chapter xiv-b of the act. but the said amendments were made effective from 01.06.2001. the relevant extract of cbdt circular no. 14/2001-04 dated 12 ..... by section 158bb. if section 4 has to be read with section 158bb for computing undisclosed income then the provisions of the relevant finance act have got to be read into the block assessment scheme under chapter xiv-b, even prior to june 1, 2002.15. under section 158bb, there is the theory of 'block period'. it is ..... special procedure for assessment of search cases. the legislative history of the said chapter, inclusive of all relevant amendments till date, may be borne in mind to appreciate the controversy. the said chapter was inserted by the finance act, 1995. the scope and effect of the said chapter has been explained by central board of direct taxes (cbdt) by issuing .....
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