Court : Gujarat
..... wipe out present vice (constitutional) by making retrospective laws. we are, therefore, firmly of the view, that the gujarat panchayats (third amendment) act, 1978 is unconstitutional, as it offends articles 311 and 14 and is arbitrary and unreasonable. we have considered the question whether any provision of the gujarat panchayat (third ..... (i). while computing the income of the municipality, its revenue income, octroi grant and salary grant being received by the municipality from the government/municipal finance board shall be taken into consideration. (ii). while computing the salary bill of the municipality, the salary and allowances paid/payable to the employees on ..... was considering the question whether the provisions of "no confidence motion" against the chairperson of a panchayat and jilla parishad was unconstitutional in view of chapter ix of the constitution of india. in that context, the supreme court held that the state legislature was competent to enact the impugned amendment by .....
Tag this Judgment!Court : Gujarat
..... (supra), wherein, it is held and observed in para no.10 to 12 as under: "10. section 31 which falls under chapter iii of the act enables a person to bring before the collector any instrument whether executed or not and whether previously stamped or not and to apply to ..... service of any description which is made available to potential [users and includes, but not limited to, the provision of] facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, [housing construction,] entertainment, amusement or the purveying of news or ..... rural development established under the national bank for agriculture and rural development act, 1981, the life insurance corporation of india established under the life insurance corporation act, 1956, the industrial finance corporation of india established under the industrial finance corporation act, 1948, and such other financial or banking institution owned, controlled or .....
Tag this Judgment!Court : Gujarat
..... reads as under: deduction in respect of long-term capital gains in the case of assessees other than companies. 80t [omitted by the finance act, 1987, w.e.f. 1-4-1988. original section was inserted by the finance (no.2) act, 1967, w.e.f. 1-4-1968 in replacement of section 114.] deduction in respect of winnings from lottery. 80tt. [omitted by ..... the finance act, 1986, w.e.f. 1-4-1987. original section was inserted by the finance act, 1972, w.e.f. 1-4-1972 and amended by the finance (no.2) act, 1980, w.e.f. 1-4-1981.] deduction in respect of interest on deposits in savings account ..... the assessee that like contention was accepted by the tribunal in ita no.1946/ahd/82 for a.y.1984 and in ita no.2319/ahd/92 for a.y. 1978-79 in the case of shri moti marad juth vividh karyakari sahakari mandli ltd., the tribunal had taken a view that the income of a co-op. society was exempt .....
Tag this Judgment!Court : Gujarat
..... undertaking referred to sub-section (4e) hundred percent of profits and gains derived from such business for the initial seven assessment years. 10. by an amendment in finance act, 2001, when the benefit to commercial producers of mineral oil was shifted from section 80-ia to section 80-ib and the said section 80-ib with ..... explanation such as this cannot be considered to be unreasonable or ultra vires. the explanation has not modified any charging provision but is a part of the chapter dealing with deductions from profits and gains and was not susceptible to any challenge. the retrospective amendment provides an explanation which is clarificatory in nature and does ..... and shri ambica mills ltd., in the majority judgment the then chief justice y.v. chandrachud, inter alia, exposited the following propositions relating to article 14 : (special courts bill, 1978, in re, scc pp.424-26, para 72) (1) * * * * (2) the state, in the exercise of its governmental power, has of necessity to make .....
Tag this Judgment!Court : Gujarat
..... undertaking referred to sub-section (4e) hundred percent of profits and gains derived from such business for the initial seven assessment years. 10. by an amendment in finance act, 2001, when the benefit to commercial producers of mineral oil was shifted from section 80-ia to section 80-ib and the said section 80-ib with ..... explanation such as this cannot be considered to be unreasonable or ultra vires. the explanation has not modified any charging provision but is a part of the chapter dealing with deductions from profits and gains and was not susceptible to any challenge. the retrospective amendment provides an explanation which is clarificatory in nature and does ..... and shri ambica mills ltd., in the majority judgment the then chief justice y.v. chandrachud, inter alia, exposited the following propositions relating to article 14 : (special courts bill, 1978, in re, scc pp.424-26, para 72) (1) * * * * (2) the state, in the exercise of its governmental power, has of necessity to make .....
Tag this Judgment!Court : Gujarat
..... and 409) and commission of cheating (section 420). it may be noted that offences and penalties under the co-operative societies act (chapter-xii) are not in issue. the complaint is not about offence under the societies act. the complaint is under the ipc. factual assertions made by the complainant are referred herein-above. first, case of breach ..... avail a scheme, namely, bearer warrant scheme, by which the claimant could have avoided capital gain tax. one of the judges in separate and concurrent order relying on 1978 (3) all er 571 (583) has held, thus; there is no such thing as a general retainer in that sense. the expression my solicitor is as ..... case of petitioner may be considered applying the above principle. before that, two aspects may be borne in mind; one, there is no specific statutory provision in the act laying down the duties of the auditorand secondly, proceedings are at nascent stage and i have no benefit of evidence on record, therefore, embarking on detailed discussion on .....
Tag this Judgment!Court : Gujarat
..... [2014] 362 itr 539/223 taxman 43/44 taxmann.com 141, wherein the court has held that what emerges from the statutory provisions, as explained in the speech of finance minister and the cbdt circular, is that the activity of a trust would be excluded from the term 'charitable purpose' if it is engaged in any activity in the ..... exercises it in such a manner that it is no discretion at all, he can be compelled to discharge his duties [see saurashtra cement and chemical industries ltd. v. cit [1978] 115 itr 27 (guj.). this court in wood polymer ltd., in re [1977] 109 itr 177 (guj.), has held that it is well established and calls for no ..... by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. the court in the facts of the said case observed that the act provides complete machinery for the assessment/re- assessment of tax, imposition of penalty and for obtaining relief in respect of any improper orders passed by the revenue authorities, .....
Tag this Judgment!Court : Gujarat
..... and the same thereby causes inconvenience to the practitioners of the subject. the court further observed that there is sufficient time available to the government, after the finance act of the financial year, to finalise the forms and if no change is intended therein, to notify the same immediately. the court found no justification for delay ..... that the president has given the assent only in may, 2015, it was submitted that the finance act, 2015 deals with returns to be filed in the subsequent year and not in the current year and hence, the act which was given assent would be applicable to the subsequent assessment year and not this assessment year and ..... order, it can issue such orders, instructions and directions for proper administration of this act. all such authorities engaged in execution of the act are expected to follow the same. any requirement contained in any of the provisions of chapter iv or chapter via also can be relaxed by the cbdt for avoiding genuine hardship in any case .....
Tag this Judgment!Court : Gujarat
..... . it was further contended that no capital gains had occurred when it had converted the firm into a joint stock company as in view of the provisions of chapter iv of the companies act, the act of declaring a firm as a company did not amount to transfer. it was contended that if the property is transferred from an individual to himself, then ..... ) 6. as stated above, in this case we are concerned with the assessment year 1996-97. therefore, in this case, we are not concerned with clause (xiii) inserted by finance (no. 2) act, 1998 in section 47 under which it is provided that where a firm is succeeded by a company in the business carried on by it as a result of ..... the bombay high court in texspin engg. and mfg. works case (supra). 15.3 reliance was also placed upon the decision of the supreme court in the case of pnb finance ltd. v. cit-i [2008] 307 itr 75/175 taxman 242, wherein the court held thus: "18. in artex mfg. co. 1 this court found that a valuer was appointed .....
Tag this Judgment!Court : Gujarat
..... the financial year in which the statement is filed for the said years. 3.1 the respective petitioners have also prayed to declare that section 201 of the act as amended by finance act, 2014 (act no.2 of 2014) is prospective and does not apply to the proceedings where period of passing the order has expired before 1/10/2014. 4. ..... applicable retrospectively, it has been so provided. 12.15 at this stage, it is required to be noted that while making amendment in section 201(3) of the act by finance act no.2 of 2014, does not so specifically provide that the said amendment shall be made applicable retrospectively. 12.16 on the other-hand, it is specifically stated that ..... payment was made. 12.13 the reasons for amendment in section 201(3) so stated in the memorandum to the finance bill no.2 of 2014 reads as under : "tax deduction at source : under chapter x vll-b of the act. a person is required to deduct tax on certain specified payments at the specified rates if the payment exceeds specified .....
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