Court : Gujarat
Reported in : 1992(57)ELT529(Guj)
..... section 35(4) also provides that the customs act, 1962 and the rules made thereunder shall apply in relation to the levy and collection of the auxiliary duty of customs leviable under section 35 of the finance act ..... by section 35 of the finance act, 1978, auxiliary duty of customs has ..... the grievance of the petitioner is that the additional duty of customs under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act have been levied and collected at the rate in force when the goods have been cleared from the bonded warehouse and not at the rate prevailing at the point of time when the ..... has approvingly quoted the aforesaid paragraph from craies on statute law and has further stated as follows in para 14 of the reported judgment :-'it may be that there was no liability to building tax until the promulgation of the act (earlier the ordinances) but mere absence of an earlier taxing statute cannot be said to create a 'vested right', under any existing law, that it shall not be levied in future with effect from a date anterior to ..... section 64a has been inserted in the act by way of amendment in the ..... the question as to whether the amended law would be applicable to the consignments which had been received, stored and assessed to duty before the ordinance amending the law came into force. ..... the customs tariff act, 1975 has been enacted with a view to consolidate and amend the law relating to ..... arose in the background of the fact that there was an amendment of law. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)199CTR(Guj)556
..... therefore, the contention on behalf of revenue that the said decision is prior to amendment by finance act, 1983, does not make any difference as the basic distinction between two allowances remains. 17. ..... -clauses(a),(b) and (c ) of clause (vi) of sub-section (2) of section 10 of the indian income-tax act, 1922 (11 of 1922), where ..... to the assessee less all depreciation actually allowed to him under this act, or under the indian income-tax act, 1922 (11 of 1922), or any act repealed by that act, or under any executive orders issued when the indian income-tax act, 1866 (2 of 1886), was in force : [provided that in determining the written down value in respect of buildings, machinery or plant for the purposes of clause(ii) of sub-section (1) of section 32 sdepreciation actually allowed shall not include depreciation allowed under sub .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)196CTR(Guj)515; [2007]291ITR294(Guj)
..... records for a period of last about 40 years the title to the property is clear, marketable and free from all encumbrances and reasonable doubt subject to -(i) usual declaration,(ii) provisions of the urban land (ceiling & regulations) act,(iii) variations, if any, in town planning scheme.in the circumstances, it is not possible to accept the contention on behalf of sbi that it was required to be heard as interested person or that any default had been ..... shall, on the date of such order, vest in the central government [in terms of the agreement for transfer referred to in sub-section (1) of section 269uc] :[provided that where theappropriate authority, after giving an opportunity of being heard to the transferor, the transferee or other persons interested in the said property, under sub-section (1a) of section 269ud, is of the opinion that any encumbrance on the property or leasehold interest specified in the aforesaid agreement fortransfer is so specified with ..... substituted the said expression 'free from all encumbrances' by the finance act, 1993 with retrospective effect from 17.11.1992 by the portion in ..... amendment in the main provision is that the vesting takes place in terms of the agreement for transfer which was entered into by the transferor and the transferee as referred to in section 269uc(1) of the act ..... written request made on 2nd january,2001, 5th january,2001, 10th january,2001, 12th march,2001, 16th may,2001, 21st january,2002, 5th december,2002 and 12th june,2003.7. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)212CTR(Guj)195
..... civil application, the petitioner has challenged the proceedings in consequence of the notices issued under section 263 and section 148 of the income tax act, 1961 (for short `the act') by the commissioner of income tax for revision of the assessment order passed under section 143(3) of the act and by the assessing officer for reopening the same assessment order. ..... , the income-tax officer has in consequence of information in his possession reason to believe that income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income or recompute the loss or the depreciation allowance, as the case may be, for the assessment year concerned (hereafter ..... (a) the income-tax officer has reason to believe that, by reason of the the omission or failure on the part of an assessee to make a return under section 139 for any assessment year to the income-tax officer or to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to ..... as per first schedule of finance act, the tds on royalty payment in case of a domestic company, where the royalty agreement is ..... after amendment in the provisions of section 147, those conditions are no longer required to be fulfilled if the notice for reopening of the assessment has been issued within four years from the ..... any payment was made out of this provision in the next year, and as on 31.3.2002 the surplus provision of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)241; (1986)2GLR1342; [1986]162ITR240(Guj)
..... at this juncture, it would be appropriate to point out that at the time when the provisions of section 19 of the act were inserted in the statute book by the finance act, 1968, with effect from april 1, 1968, it was explained, inter alia, in the memorandum explaining the provisions of the finance bill, 1968, as under [1968] 67 itr 80 : 'in order to avoid hardship due to delay in issue of refund in cases where the completion of the ..... clear that the deduction of the said excise duty and import duty even on the closing stock was allowable in the accounting year 1983, but because of the specific language of section 43b of the act which has an overriding effect, it could not have been claimed by way of deduction unless payment thereof was made and here, in this case, it is not the ..... assessee would be liable to pay the same and not on the actual payable of tax or duty, but as per the newly added provision of section 43b of the act, it would he allowable only in computing the income referred to in section 28 of the previous year in which the sum is actually paid by the assessee irrespective of the previous year in which the liability to pay such ..... the inspecting assistant commissioner of income-tax, range-i, baroda, to the effect that it was very kind of him to agree that a draft order under section 141a of the act will be passed by the income-tax officer, the respondent herein, and that the said draft order will be discussed with the petitioner's chartered accountant before finalizing the .....
Tag this Judgment!Court : Gujarat
Reported in : 2000(70)ECC170
..... the petitioner was served with a show cause notice at annexure-a to the petition dated 15.5.1995 under the provisions contained in the central excises and salt act, 1944 and the rules made thereunder calling upon him to make various payments of duty as mentioned in para 18 of the show cause notice. ..... after issuance of the show cause notice, it appears that the petitioner submitted a declaration under section 88 of the finance (no. ..... provided that nothing in this section shall apply to any act or proceeding to which the indian limitation act, 1877 applies. ..... computation of time : (1) where, by any central act or regulation made after the commencement of this act, any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the a last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open ..... so far as court proceedings are concerned, section 4 of the limitation act, 1963 is required to be considered. ..... (2) this section applies to all central act and regulations made on or after the 14th day of january, 1887.' 5 ..... ahmedabad ought to have realised that, if the act is required to be completed on the last day and if that day is a holiday, or is subsequently declared as a holiday, then, the act is required to be completed on the next day. .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]210ITR1029(Guj)
..... 71(2) of the act, as it stood prior to its substitution by the finance act, 1987 w. e. ..... (3), of the act, it has been held by the high court as under : 'section 32 of the it act, 1961, deals with ..... section 32(2) specifically lays down that if in a previous year owing to there being no profits or gains chargeable for that previous year, or owing to the profits or gains chargeable being less than the allowance, then, subject to the provisions ..... was substituted by finance (no. ..... was substituted by finance (no. ..... 256(1) of the it act, 1961 ('act' for short), as it was satisfied that four questions of law arise for the opinion of the high court out of its order ..... 256(1) of the act requiring the tribunal to draw up a statement of case and refer questions of law for the opinion of the high ..... 71(2)(i) of the act makes it clear that in respect of any assessment year, when the net result of the computation under any head of income, other than 'capital gains', is a loss and the assessee's income is assessable under the ..... 32(1) of the act must be secured and, therefore, for the following previous year, the ownership of machinery, and user of machinery for the purpose of business and existence of business also will be required to be assumed for giving effect ..... 32(2) of the act, it is clear that the purpose of the legislature in introducing the legal fiction is to give the benefit of the unabsorbed depreciation in the following previous year or in the succeeding previous years and when that is the purpose .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)222CTR(Guj)138
..... commissioner of income-tax : [2008]301itr134(mp) wherein it is held that as the assessing officer had not summoned r inspite of his request made under section 131 of the act, the evidence of r could not have been used against the assessee and in the absence of affording a reasonable opportunity of being heard by summoning the said witness the assessment order was ..... facts giving rise to the present reference are that there was a search and seizure operation under section 132 of the income tax act, 1961 (hereinafter referred to as 'the act') carried out at the residential premises of the assessee on 26.03.1986 in which no substantial thing was ..... statement before the income-tax officer, circle 8, ward b, ahmedabad in respect of the said disclosure under section 131 of the act which included the amount of the alleged promissory note executed in his favour. ..... act, 1965, had to relate to income actually earned by the declarant and the act granted immunity to the declarant alone and not to other persons to whom the income really belonged; (ii) the finality under section 24 (8) of the finance ..... it is true that while deciding the reference under section 256(1) of the income-tax act, 1961, the court is mainly concerned with the decision on ..... 8,78,358.35/- on account of unexplained cash credit under section 68 of the income-tax act, 1961, is neither referred to in the assessment order nor copy thereof was given to the assessee nor the assessee was given an opportunity of cross-examining the said .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)89CTR(Guj)266; [1991]189ITR18(Guj)
..... liable to tax at the maximum marginal rate of income tax (including surcharges) applicable by the finance act of the relevant year to the highest slab of income ..... under the provisions of section 16a of the said act, before the amendment made by the finance act, 1970, income of a trust in which the shares of the beneficiaries were indeterminate or unknown was changeable to tax as a single unit treating it ..... with a view to put an effective curb on the proliferation of such trusts and to reduce the scope of tax avoidance through such means, the finance act, 1970, replaced section 164 of the said act by a new section under which a representative assessee who received income for the benefit of more than one person whose shares in such income were indeterminate or unknown was chargeable to income tax on such ..... section (1) of section 164 was amended by the finance ..... 2) act, 1980, with effect from april 1, 1980, as a measure to plug loopholes for tax avoidance through the medium of private trusts, since it was felt that, even after the amendment in 1970, the provisions of section 164 had not been fully effective in curbing the use of private trusts for avoiding proper tax liability and the entire income of a discretionary trust was made .....
Tag this Judgment!Court : Gujarat
Reported in : 2002(82)ECC511; (2000)3GLR146
..... 30 lakhs because under the provisions of section 88(f) of the said finance act, which related to settlement of tax, sub-clause (ii) contemplated waiver of fine, penalty and interest on payment of 50 per cent of the amount of duties or cess due or payable on the date of making of the ..... the learned counsel appearing for the petitioners contended that since tax arrears on account of fine, penalty or interest were not required to be considered because section 88(f)(ii) of the act confined the liability only to 50 percent of the duty amount, the consequence was that the petitioner company stood wholly absolved of the liability on account of fine, penalty and interest payable under the order-in-original ..... is erroneous for the simple reason that as provided in section 90(ii) of the said act, when an order is made under sub-section (ii) of section 90, by the designated authority, then any appeal or reference or reply shall be deemed to have been withdrawn on the day on which the order referred to in sub-section (ii) of section 90 is passed. ..... was imposed under rule 173q of the central excise rules, 1944, read with section 11ac of the said act on the petitioner company and a penalty of rs. ..... determined as payable under section 88(f)(ii) of the finance (no. ..... was accepted as per the intimation under section 90(1) of the finance (no. ..... demanded as per paragraph 15(i) of the show cause notice dated 6th august, 1996 was confirmed under section 11a of the central excise act, 1944, and amount of rs. .....
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