Court : Gujarat
Reported in : (2005)193CTR(Guj)57; [2005]274ITR125(Guj)
..... 9(l)(ii) of the act by finance act, 1983, with retrospective effect from 1st april, 1979. ..... kulandagan chettiai (dead) through lrs : [2004]267itr654(sc) in support of the submission that wherever there is conflict between provisions of the act and the double taxation agreement, the terms of the agreement would prevail over the provisions of the act, and further that the agreement being in the nature of a document providing for relief against taxation, beneficial reading of the terms of the agreement was required. 7. ..... it is an admitted position before the authorities that the assessee, a resident of austria has rendered services in india and thus, the authorities would be entitled to seek to fasten charge of tax under the act qua the remuneration received for such services.10. ..... the assessee claimed that such retention remuneration received abroad would be outside the purview of the provisions of the act, since the assessee was a non-resident. ..... 14 carves out an exception, in such circumstances, and lays down four conditions which are required to be fulfilled before an individual who is otherwise held to be liable to tax under the act in india is not to be taxed in india. ..... 256(1) of the it act (the act) :'1. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)190CTR(Guj)481; [2004]270ITR347(Guj)
..... in the statute book by the finance act, 1983 w.e.f. ..... three assessment years are concerned, namely, assessment years 1986-87 to 1988-89, it is apparent that the proviso only requires that an amount equal to the amount of deduction claimed under sub-section (1) of section 80hhc of the act is debited to the profit and loss account and credited to a reserve account which is to be utilised for the purposes of the business of the assessee, and such debit and credit have to be made in the previous ..... from assessment year 1989-90 and hence there being no requirement, no breach can be ascribed to the assessee;(iv) that by way of statutory amendment, proviso to sub-section (1) of section 80hhc of the act was not applicable and hence there was no requirement in law to maintain the reserve as the proviso itself had been deleted with effect from 1.4.1989;(v) that merely because the reserve created by the petitioner ..... of the fact that the assessments have been sought to be reopened after a period of four years from end of each of the assessment years in question, the provisions of section 147 of the act mandate that the assessing officer shall be vested with the jurisdiction to initiate reassessment proceedings only in case there is any omission or failure on the part of the assessee to disclose fully and truly all ..... however, by the finance act, 1988 with effect from 1.4.1989, section 80hhc was substituted and the substituted section did not ..... came to be substituted by the finance act, 1985 w.e.f. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)190CTR(Guj)295; [2005]273ITR139(Guj)
..... carrying on of anyactivity for profit' have been omitted by finance act,1983 w.e.f. ..... under section 10(22) onthe ground that the expression 'educational institutionexisting solely for education' in section 10(22) of theact must be given a narrow meaning than that given to theterm 'education' in section 2(15) of the act and thatsection 10(22) only refers to formal education given inschools and colleges and not to other forms of educationwhich is for development, advancement and betterment ofeducation. ..... to the decision ofthe apex court in sole trustee, loka shikshana trust vs.cit : [1975]101itr234(sc) wherein the apex court enunciatedthe following principles while interpreting theexpression 'education' in section 2(15) of the act:-'the sense in which the word 'education' has beenused in section 2(15) in the systematicinstruction, schooling or training given to theyoung is preparation for the work of life. ..... by finance (no.2) act,1998 ..... before considering the rival submissions, it isnecessary to refer to the relevant statutory provisionsin this behalf.chapter iii of the income-tax act, 1961 specifies'incomes which do not form part of total income'.section 10 commences with the heading 'incomes notincluded in total income', ..... at this stage, mr soparkar, learned counsel forthe assessee prays for a certificate under section 261 ofthe income-tax act, 1961 for appealing against thisdecision to the hon'ble supreme court.although what we have done is following thedecision of the apex court in .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]258ITR667(Guj)
..... of law is referred to this court for its opinion :'whether, on the facts and in the circumstances of the case, the tribunal is right in law in coming to the conclusion that the assessee is entitled to exemption under section 40(3)(vi) of the finance act, 1983, for the residential property on the ground that the same was used for guest house and business premise ?'2. ..... -tax proceedings, similar treatment is to be given in the wealth-tax proceedings and as such in the wealth-tax proceedings, the value thereof cannot be included in the net wealth of the assessee as it is specifically exempt under section 40(3)(vi) of the finance act, 1983.5. ..... when the property was used for business purposes, the value thereof could not be included in the net wealth of the assessee and as such the exemption was available to the assessee under section 40(3)(vi) of the finance act, 1983.3. .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]123TAXMAN1002(Guj)
..... of law is referred to this court for its opinion :'whether, on the facts and in the circumstances of the case, the tribunal is right in law in coming to the conclusion that the assessee is entitled to exemption under section 40(3)(vi) of the finance act, 1983 for the residential property on the ground that the same was used for guest house and business premise ?'2. ..... when the property was used for business purposes, the value thereof could not be included in the net wealth of the assessee and as such the exemption was available to the assessee under section 40(3)(vi) of the finance act, 1983.on the above facts, the above question was referred to this court for its opinion.3. ..... the tribunal has also referred to the order of the income tax officer passed under section 143(3) of the income tax act, 1961 in the case of the assessee-company wherein it was clearly stated that the department had taken the stand that the premises were business premises and the tribunal has, therefore, come to the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)171CTR(Guj)362; [2002]254ITR529(Guj)
..... 80hhc was introduced by the finance act, 1983, with effect from april 1, 1983. ..... contrary, there is an inherent indication in the act when one reads the provision of section 80hhb of the act which was introduced by the finance act, 1982, with effect from april 1, 1983. ..... the purposes of this section,--(a) 'convertible foreign exchange' means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange regulation act, 1973 (46 of 1973), and any rules made thereunder ; (b) 'export turnover' means the sale proceeds of any goods or merchandise exported out of india, but does not include freight or insurance attributable to the transport of ..... of the assessee, then, notwithstanding anything contained in that section, for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of this act (before making any deduction under this chapter) shall alone be deemed to be the amount of income of that nature which is derived or received by the assessee and which is included in his gross total income.'11. ..... of the act was introduced by the finance (no. ..... shah further submitted that the provision of section 80hhc of the act as it stood for the relevant assessment year did not envisage that there should be any profits from the business of exports and the language as employed in the section did not support the proposition .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)170CTR(Guj)19
..... 'in this connection it may be noticed that sub-section (5) to section 37 was inserted with effect from 1-4-1979, by finance act, 1983, which reads as under :'for the removal of doubts it is hereby declared that any accommodation by whatever name called, maintained, hired, reserved or otherwise arranged by the assessee for the purpose of providing lodging or boarding and ..... 'sub-section (5) has been inserted by finance act, 1983, with retrospective effect, but retrospectivity has been restricted ..... the income tax officer disallowed the claim without examining whether the expenses were allowable under section 37(1) or not with reference to the provisions of section 37(4) of the act though in his order he observed that it is a settled principle that if the questions of allowability or otherwise or any business expenditure is governed by any of the specific provisions sections 28 to 44, in that event, such a specific provision should be held to be ..... the assessee- company who have to visit it for the purpose of companys business, any expenditure incurred for the maintenance of such accommodation cannot be brought within the scope of section 37(3) of the income tax act, 1961.we accordingly answer the first question referred to above in the affirmative i.e. ..... officer had disallowed the claim of the assessee for deduction in respect of its share of expenditure regarding maintenance of accommodation in question only on the ground that the same is prohibited under section 37(4) of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [1985]156ITR453(Guj)
..... it is necessary, therefore, to read explanation 2 which has been retrospectively inserted by the finance act, 1983, w.e.f. ..... by finance act, 1983, this explanation was treated as explanation 1 and a new explanation as explanation 2 was added with retrospective effect from april 1, 1976 ..... it should be further recalled that by the aforesaid finance act, explanation to sub-section (2a), as it then stood, was sought to be amended so as to make the explanation applicable for purposes of this sub-section (2b) ..... it should be recalled that by section 10 of the finance act, 1970 (19 of 1970), the aforesaid sub-section (2b) was, inter alia, added with effect from april 1, 1970, the said sub-section (2b) read as under ;'(2b) notwithstanding anything contained in this section, no allowance shall be made in respect of ..... now, this old sub-section (2b) was omitted by the finance act, 1976, w.e.f. ..... 1, 1979, by the taxation laws (amendment) act, 1978. ..... 000 should be disallowed under section 37(2b) of the income-tax act, 1961 ?' 2. ..... our opinion :'(1) whether, on the facts and in the circumstances of the case, the tribunal was right in law in coming to the conclusion that the messing expenses were not disallowable under section 37(2b) of the income-tax act, 1961 ? ..... purposes that when these questions were referred to us by the appellate tribunal, the provision under which the question of admissibility of entertainment expenses arose was as it then stood as sub-section (2b) of section 37 of the income-tax act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR923; [1984]146ITR9(Guj)
..... (2)(b) thereof as amended by the finance act, 1983, with effect from april 1, 1983. ..... before the expiry of the said approval, by the finance act, 1983, s. ..... for the purpose of utilising it for the implementation of approved rural development programme is concerned, the certificate must be to the effect that the rural development programme was already approved before march, 1983, and if the payment is made after 28th february, 1983, it must be for the purposes of the capital cost of construction of any building or structure or laying of a road or boring of a well or tube-well or installation of any plant or machinery, the work in respect of which ..... assessee furnishes a certificate from such association or institution to the effect that - (a) the programme of rural development had been approved by the prescribed authority before the 1st day of march, 1983; and (b) where such payment is made after the 28th day of february, 1983, such programme involves work by way of construction of any building or other structure (whether for use as a dispensary, school, training or welfare centre, workshop or for any other purpose) or the ..... 35cca, before its amendment as inserted by the aforesaid finance act, 1978 was that an assessee was entitled to claim, for the purpose of computation of his income or profits of business, as the case may be, deduction of expenses incurred on account of donation to any institution or association which has as its ..... should be recalled that by the finance act, 1978, s. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)195CTR(Guj)518; [2005]277ITR529(Guj)
..... section 80hhc of the act, as applicable to the assessment year under consideration, was introduced with effect from 1st april 1983 by the finance act, 1983, and reads as under :'deduction ..... 1983 which gives the explanatory notes on the provision relating to direct taxing as incorporated in the finance act, 1983 ..... of this section, -(a) 'convertible foreign exchange' means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange regulation act, 1973 (46 of 1973), and any rules made thereunder;(b) 'export turnover' means the sale proceeds of any goods or merchandise exported out of india, but does not include freight or insurance attributable to the ..... the contentions raised by the revenue and accepted the submissions made on behalf of the assessee by holding that, for the purposes of clause (b) of sub-section (1) of section 80hhc of the act, one has to compare the aggregate export turnover of all qualifying goods during the relevant previous year with the aggregate export turnover of all qualifying goods during the immediately preceding previous year. ..... or may not exceed the total export turnover of the immediately preceding previous year; but, when the assessee sought additional deduction under section 80hhc(1)(b) of the act, the assessee was required to show that its total export turnover had increased when compared to the total export turnover of the immediately preceding previous year. .....
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