Court : Gujarat
..... the statement is filed for the said years; (f) your lordships may be pleased to declare that the proceedings consequent to notice issued under section 201 (1) of the act for financial year 2007-08 are barred by the proviso to section 201 (3); (g) your lordships may be pleased to declare that the section 2()1 of the act as amended by the finance (no.2) act, 2014 is prospective and does not apply to proceedings where period of passing the orders has expired before 1/10/2014; (h) pending the hearing and ..... in the aforesaid decision, the hon'ble supreme court had an occasion to consider the question, as to, whether in case where the right to assess or reassess has lapsed on account of expiry of the period of limitation prescribed under the earlier statute, the income tax officer can exercise his powers to assess or reassess under the amending statute which gives an expressly period of limitation and to that, the hon'ble supreme court ..... currently, a deductor is allowed to file correction statement for rectification / updation of the information furnished in the original tds statement as per the centralized processing of statements of tax deducted at source scheme, 2013 notified vide notification no.03/2013 dated 15th january, 2013. .....
Tag this Judgment!Court : Gujarat
..... the assets of the firm have been transferred as a going-concern, in view of the provisions of section 45(4) read with section 45(1) of the act, the transaction would be exigible to capital gains tax more particularly since section 47(xiii) has been made applicable with effect from 1999 and prior thereto, such transactions were not exempted. ..... the opinion of this court, the said contention is required to be stated only to be rejected for the reason that under sub-section (4) of section 45 of the act, the profits and gains arising from transfer of a capital asset by way of distribution of capital assets on dissolution of firm or ..... return of income showing nil income with a note that since the partnership firm was converted into a private limited company as a going concern, there was no income chargeable to tax either under section 41(2) or under section 45 of the act. ..... in the note below the said schedule 4 with regard to fixed assets, a note ..... the revaluation of the above assets was also necessary for obtaining banking facilities required for collection amount thereof. ..... factory [2005] 279 itr 136/[2006] 152 taxman 263, for the proposition that where what was sold by the assessee-firm to the limited company was its running business as a going-concern together with all the assets and liabilities and the provision of section 41(2) of the act cannot ..... upon the decision of the supreme court in the case of pnb finance ltd. v. ..... we are not concerned with clause (xiii) inserted by finance (no. .....
Tag this Judgment!Court : Gujarat
..... the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife ..... of jurisdiction with reference to the place where maintenance petition could be filed and there is no elaborate discussion on the question whether a stepmother would include in the expression "mother' in section 125(1)(d) of the code is the correct view and the contrary view of the gujarat high court, orissa high court and the allahabad high court (supra) in not the correct view. 15. ..... parents of jahnvi decided to dissolve the marriage, and therefore, they filed a hindu marriage petition no.32 of 2003 under section 13 of the hindu marriage act in the court of the learned 2nd joint civil judge (sd), bhavnagar, for dissolution of marriage with consent. ..... hindu succession act (act xxx of 1956) furnishes a goods illustration ..... if this provision fails, and the widowed daughter returns to live with her father or brother, there is a moral and social obligation, but not a legally enforceable right by which her maintenance can be claimed as a charge on her ..... events would suggest that from 2005 onwards till 2010, jahnvi ..... section 488 prescribes alternative forums to enable a deserted wife or a helpless child .....
Tag this Judgment!Court : Gujarat
..... 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 hence, the contention that there was delay in prescribing the online utility on account of the delay on the part of the president ..... , however, despite the aforesaid position, the board has declined to exercise the discretion vested in it under section 119 of the act to come to the rescue of the assessees and grant them some relief, leaving the court with no option but to direct the board to extend the due date for filing the income tax returns under section 139 of the act from 30th september, 2015 to 31st october, 2015 so as to alleviate to a certain extent, the ..... itr-1, itr-2, itr-2a, itr-4s, in whose case also, there was a delay in furnishing the necessary utility, the board had extended the due date for filing the income tax returns.the stand of the board is that the period of seven weeks which is available to the petitioner and other assessees for filing online income tax returns, is sufficient and therefore, there is no reason for extending the due date for filing ..... that while the utility was made available on 7th august, 2015, the only changes are with regard to giving details of foreign assets and bank accounts and that 98% of the data could have been compiled in advance and kept ready. .....
Tag this Judgment!Court : Gujarat
..... attention of the court was invited to the cbdt circular no.1914 dated 2.12.1993 annexure-r1 to the petition to point out that the cbdt has prescribed certain guidelines for staying demand and that the orders passed by the respondents no.1 to 3 under section 220(6) of the act being in consonance with such guidelines, there is no warrant for interference by this court. ..... sabarmati ashram gaushala trust, [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 nature of trade, commerce or business or renders any service in relation to trade, ..... virk, learned advocate for the petitioner assailed the impugned order of assessment by inviting the attention of the court to the provisions of section 2(15) of the act to submit that the proviso to sub-section (15) of section 2 came to be inserted with effect from 1.4.2009 whereby it was provided that the advancement of any other object of general public utility shall not be a charitable purpose, if it involves the carrying on of any activity in the nature of ..... recorded in the order as to why the ground of bank guarantee for grant of stay was taken into consideration. ..... in respect of assessment year 2012-13, the petitioner filed return of income declaring its income as 'nil' on .....
Tag this Judgment!Court : Gujarat
..... the learned single judge that the petition does not deserve to be entertained as it involves disputed questions of fact, namely whether the appellant's service has been terminated after following the procedure prescribed under sections 25f and 25g of the industrial disputes act, or not. ..... been terminated after following the procedure prescribed under sections 25(f) and 25(g) of the industrial disputes act, or not. ..... all times to come on the ground that it was not permissible to regularize the petitioner on the post of gallery attendant of bhuj museum since the petitioner was not fulfilling the requisite conditions as prescribed in the government resolution issued by the finance department dated 1st may, 2007. ..... the learned single judge vide order dated 29th january, 2005, passed the following order: in this civil application, the applicant has prayed for suspending the order dated 10.8.04 by which the applicant is reverted from the position of adhoc full time employee ..... (i) as prescribed in the government ..... , having regard to the history of this litigation that the learned single judge ought not to have relegated the appellant to the remedy of initiating appropriate proceedings under the industrial disputes act, which are ordinarily time consuming. ..... application no.16840 of 2012 had declined to entertain the petition filed by the petitioner challenging his termination by relegating the petitioner to avail of the remedy available under the industrial disputes act before the appropriate forum. .....
Tag this Judgment!Court : Gujarat
..... inamdar (supra), one of the relevant factors considered by the supreme court was that medical colleges required high amount of finance to maintain and run medical education, therefore according to him, it is not unreasonable on part of the state to see that educational system prevalent in the state is designed to ensure benefit for the ..... these rules are framed by the state government in exercise of powers under section 20(1) read with section 4 of the gujarat professional medical educational colleges or institutions (regulation of admission and fixation of fees) act, 2007, and published under notification dated 27th may, 2014, by health and family welfare ..... he submitted that the classification made is not on the grounds of scheduled caste, schedule tribe, sebc or any other recognised category where classification and reservation may be ..... candidate shall meet with the minimum standards for admission as prescribed by the respective council and where there is no council, the minimum standards prescribed by the university shall be applicable for the admission. ..... is defined in black's law dictionary (7th edition, 1999) as the place at which a person is physically present and that the person regards as home; a person's true, fixed, principal, and permanent home, to which that person intends to return and remain even though currently residing elsewhere. ..... inamdar and others vs state of maharashtra [(2005) 6 scc 657] is relied on with reference to its following paragraph quoted in the .....
Tag this Judgment!Court : Gujarat
..... vide their later communication dt.29.1.2014 by fiction of law, became nonest and inoperative and the very initiation of the proceedings by the respondent u/s.87(b) of the finance act, 1944 dt.21.1.2014 served on the banker of the petitioner and the bank account of the petitioner which was debited through bank attachment on 22.1.2014 could not be held justified in the eye of law and we find substance in the submission made by the petitioner that after passing ..... have noticed that because of heavy load of work but still litigant cannot be made to suffer for those reasons but keeping in view the mandate of law by introducing sec.35c (2a) by finance act, 2002 and a third proviso added by finance act, 2013 in particular, it will be for the tribunal to see that the matters must be decided within the period stipulated under the mandate of law, at the same time, where ..... in the case of poly fill sacks versus union of india, reported in (2005) 183 elt 344 (gujarat) while interpreting section 35c(2a) as it stood prior to 10/5/2013, the division bench of this court in para 6 to 13 held that though language employed by the statue in section 35c(2a) appears to be mandatory in terms, considering the object behind the provision, it has to be understood ..... cast upon the learned tribunal to decide and dispose of such appeals in which there is a stay of demand, as early as possible and within the period prescribed under first proviso and second proviso to section 254(2a) of the act of the act i.e. .....
Tag this Judgment!Court : Gujarat
..... at page 84 of the paper-book, a document has been annexed, which shows that there are six projects going on at present and out of these projects, first five projects are 100% financed by the central social welfare board to the gujarat state social welfare board. ..... said as a state within the meaning of article 12 of the constitution of india or not and since the parameters to be examined relate to holding of a particular body or corporation or society formed under the indian companies act or societies registration act respectively, there would be common facets to be considered for satisfying the parameters. ..... section 85 of the said act provides that every registered society shall be deemed to be a body corporate by the name under which it is registered, with perpetual succession and a common seal, and with power to hold property, to enter ..... functioning of any society or the corporation, one may say that the management is like brain in a human body whereas the finance is like blood and life in a human body. ..... utilize its own fund, by the majority decision of the mandal except one property of junagadh pharmacy would not be sufficient to find that there is deep and pervasive control over the finance in regular course by the state government. ..... state of bihar reported at 2005 (2) scc 262 explaining the earlier decision, observed at paragraphs 22 to ..... on the decision of hon'ble the supreme court of india in the case of zee telefilms limited versus union of india reported in (2005) 4 scc 649. .....
Tag this Judgment!Court : Gujarat
..... as per the 1st proviso to section 147 of the act, assessment can be reopened under section i47 of the act after expiry of 4 years only if (1) the assessee failed to make a return under section i39 of the act or in response to notice issued under section 142(1) or under section 148 of the act, he failed to disclose truly and fully all material facts necessary for the assessment. ..... once the case of the assessee is covered by the 1st proviso to section 147 of the act, the reassessment proceedings beyond the period of 4 years from the end of the relevant assessment year would be without any jurisdiction and bad in law, if all material facts are furnished and there remained no omission or failure on the part of the assessee to disclose truly and fully all material facts. ..... (supra) and while considering the scope and ambit of powers to be exercised under section 147 of the income tax act by the assessing officer, while reopening the assessment beyond the period of 4 years, the division bench of this court while considering its decisions in the case of gujarat lease financing ltd. ..... (supra) as well as gujarat lease financing ltd. ..... this court, after extensively discussing law on the issue in case of gujarat lease financing ltd. ..... soparkar, learned advocate appearing on behalf of the petitioner - assessee has also heavily relied upon the decision of the division bench of this court in the case of gujarat lease financing ltd. v. dy. .....
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