Court : Gujarat
Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)
..... . as to what is the purport of such direction requires to be examined and ascertained in context of the provisions of the act.19. section 80p of the act appears in chapter via of the act. the said chapter pertains to deductions to be made in computing total income. it is divided into four heads or four parts :a : general ..... facilities are read together the intention of the legislature becomes clear and that is to provide benefit of deduction to a cooperative society which actually provides credit/finance to its members in furtherance of the cooperative movement and not for the purposes of profit making. that strictly speaking only activities specified in the definition of ..... to intervene and address the court.3 the assessment year in tax appeal no. 208 of 2003 is 1995-96 and the relevant accounting period is financial year 1994-95. the assessee, a cooperative society, filed return of income declaring total income at rs. nil. the assessing officer called upon the assessee to furnish particulars .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]124STC162(Guj)
..... , 2000.7. learned counsel mr. k.h. kaji, appearing for the petitioner-contractor contends that the state legislature by inserting section 57b under chapter va of the gujarat sales tax act to authorise employer to deduct 2 per cent of the value of bill of the contractor, is attempting to collect advance tax at source even on ..... advance sales tax at source from the bills of the contractor did not succeed on similar provisions in orissa in the case of brajendra mishra v. state of orissa [1994] 92 stc 17 (orissa) ; in karnataka in the case of kec international limited v. state of karnataka [1997] 105 stc 192 (kar) and in bihar, ..... payment by instalments, the amount of valuable consideration payable to a person for such delivery.' (underlying for emphasis)it will also be necessary to reproduce section 57a in chapter va which contains definitions of various terms used in section 57b, such as contractor, sub-contractor, specified sale, specified sale price and specified works contract :`'57a.-- .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)22VST569(Guj)
..... 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 ..... v. andhra sugar ltd. (supra); (4) state of karnataka v. balaji computers (supra) and (5) govind prasad v. r.g.prasad and ors. : (1994)illj943sc .11. as against this, mr.kamal b. trivedi, learned advocate general, assisted by ms.sangeeta vishen, learned assistant government pleader for the respondents, contended that while ..... the circular withdrawing the benefits granted by an earlier circular with retrospective effect.25. in govind prasad v. r.g. prasad and ors. : (1994)illj943sc , there were no separate recruitment rules for engineers working in electrical and mechanical branches of the public works department of u.p. government, but .....
Tag this Judgment!Court : Gujarat
Reported in : [2000]241ITR28(Guj)
..... coupled with administrative measures, would also make the system more user-friendly. i therefore, propose to introduce a new scheme called samadhan.' the scheme is contained in chapter iv of the finance act no. 2 of 1998 and comprising in s. 86 to s. 98. 4. section 88 declares that, subject to the provisions of this scheme, where ..... rajesh balia, j.1. this petition is challenging the order of designated authority rejecting the application of the petitioner under kar vivad samadhan scheme as introduced by the finance act no. 2 of 1998. the order is dt. 23rd february, 1999. 2. first noticing the facts, the petitioner filed a return of his income for asst ..... taxable receipts and accordingly, demand was raised. the assessee filed an appeal against the said assessment of 25th january, 1999. during this period, with the enactment of finance (no. 2) act of 1998 which came into affect w.e.f. 1st april, 1998, the provisions popularly known as kar vivad samadhan scheme (for short 'kvss' hereinafter) .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)180CTR(Guj)145
..... dealing with the rival submissions, it is necessary to refer to the relevant statutory provisions of the act.15. chapter vi of the income-tax act provides for computation of total income under different heads of income. sub-chapter e provides for levy and computation of capital gains. section 45(1) provides that any profits or ..... during the course of scrutiny. learned counsel then submitted that the assessee is given an opportunity to file another return of income for the assessment year 1994-95 because the correct income has escaped assessment and, therefore, this court may not exercise its extraordinary, prerogative discretionary writ jurisdiction under article 226 of ..... which is engaged in the business of financing and trading in shares, has challenged the notice dated may 28, 2001 (annexure a), issued by the additional commissioner of income-tax, special range-1, surat, under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), stating that the said officer had .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)220CTR(Guj)485
..... the appeals of the revenue and set aside the orders of the aac and remanded the appeals back.11. the appellant, thereafter, approached the settlement commission under chapter xix-a of the it act, 1961. the settlement commission passed two orders-one relating to asst. yrs. 1964-65 to 1970-71 (in cese of vikramsinhji) and the other for the ..... the tribunal and the appeals were also dismissed by the tribunal.15. in the above-referred background, appeals were filed before this court under section 260a of the act and the above-referred questions were formulated as substantial questions of law.16. mr. k.c. patel, learned advocate appearing for the appellant has raised two major ..... decision of the hon'ble supreme court in the case of cit v. smt. kamalini khatau : [1994]209itr101(sc) wherein it is held that section 166 of the act is not applicable as the word used in section 166 of the act is 'receivable' which cannot be applied to discretionary trust.(k) the income in question having been taxed .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj167; (1994)2GLR1498
..... is that of special civil application no. 4368 of 1984 and connected matters, decided on 28th april, 1994, where the question arose before this court with regard to the validity of proviso (aa) to section 2(1a) of the bpmc act. it was held by this court that after 1-4-1984, by virtue of the insertion of ..... year's book with or without any alteration, the commissioner shall, in respect of such adopted entries, give effect to every final appellate decision under part iii of chapter xxvi for all official years subsequent to the official year to which such entries have been made by adopting them as aforesaid. (2) a new assessment book ..... not exercised jurisdiction therefore, the notices which were issued and the orders passed were null and void. 52. on behalf of the appellants, civilapplication no. 2232 of 1994 has been filed, inter alia, praying that the documents annexed to the said application which are certified copies of orders passed by the municipal commissioner delegating his functions .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]50STC229(Guj)
..... any class of sales or purchases, be reduced to such extent, and in such manner, as may be specified in the rules.' 20. chapter vii of the gujarat rules prescribes the conditions, the manner and the extent of the grant of drawback, set-off or refund. shortly stated, ..... and (iii) commission agent, are included. the conditions prescribed for earning the aforesaid statutory deductions are to be found in section 13 of the gujarat act which, inter alia, provides that unless a licensed dealer, recognised dealer or a commission agent, as the case may be, does not provide certificate ..... (ii).......................... conditions : (1)............................. (2)............................. (3)............................. (4) the goods purchased are taxable goods as defined in clause (33) of section 2 of the act. (5)...................... (6) the goods purchased have actually been used by the assessee within the state as raw materials or processing materials or as machinery in the manufacture .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]113ITR208(Guj)
..... increased to 28 years and by the finance act, 1975, it was raised to 33 years. this is how the provisions stand at the ..... to 23 years. by section 33 of, and the third schedule to, the finance (no. 2) act, 1967, section 84 was omitted on and with effect from april 1, 1968, and in its place section 80j was enacted in chapter via to provide a substantially similar relief. by the finance act, 1969, the time-limit of 23 years in section 80j(4)(iii) was ..... pari materia with clause (ii) of sub-section (2) of section 84, the words 'a building (not being a building taken on rent or lease), have been omitted by the finance act, 1975, with effect from april 1, 1976, and, secondly, a provision for carrying forward has been made in sub-section (3) of section 80j. it would thus appear that .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]210ITR1029(Guj)
..... of business loss against its long term capital gains or not has been dealt with in s. 71(2) of the act, as it stood prior to its substitution by the finance act, 1987 w. e. f. 1st april, 1988. earlier s. 71 was substituted by finance (no. 2) act, 1962 w. e. f. 1st april, 1962 and its sub-s. (2) was substituted by ..... head of income other than 'capital gains' is a loss and the assessee has income assessable under the head 'capital gains', such loss may, subject to the provisions of this chapter, be set off - (i) against the income, if any, of the assessee assessable for that assessment year under any head including income assessable under the head 'capital gains' (whether ..... finance (no. 2) act, 1967 w. e. f. 1st april, 1968. at the relevant time, s. 71(2) read as under : '71. set .....
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