Court : Gujarat
..... the legislature been to allow the unabsorbed depreciation allowance worked out in a.y. 1997-98 only for eight subsequent assessment years even after the amendment of section 32(2) by finance act, 2001 it would have incorporated a provision to that effect. however, it does not contain any such provision. hence keeping in view the purpose of amendment ..... depreciation available to an assessee on 1st day of april 2002 (a.y. 2002-03) will be dealt with in accordance with the provisions of section 32(2) as amended by finance act, 2001. and once the circular no.14 of 2001 clarified that the restriction of 8 years for carry forward and set off of unabsorbed depreciation had ..... claimed set-off of brought forward unabsorbed depreciation allowance of rs. 4.26 crores [rounded off] pertaining to the period between a.y 1984-85 to a.y 2007-08 against the petitioner's income from long term capital gains arising during the year under consideration. such return was taken in scrutiny by the assessing officer. he .....
Tag this Judgment!Court : Gujarat
..... submitted a return of income reflecting his total income at rs.64,65,144/-. a notice under 143(2) of the act followed by a notice under section 142(1) of the act were issued on june 21, 2007 and september 19, 2008 respectively. in the said notices, details of unsecured loans received by the petitioner were required to ..... to the loan transaction but in our opinion his failure to do so and complete the original assessment proceedings would not take away his jurisdiction to act under section 147 of the act, on receipt of the information subsequently. the subsequent information on the basis of which the i.t.o. acquired reasons to believe that income ..... to such last portion of reasons recored ie., absence of reflection of such investment in the books of account and the same having been squared off during the finance year itself has been rigorously challenged by the petitioner. it as contended that this is completely bereft of facts, and therefore assumption of jurisdiction should be held invalid .....
Tag this Judgment!Court : Gujarat
..... notification empowering the cooperative banks as ultra vires, pending before honble apex court )90 days4non banking finance companies ( u/s 2 (1) (m) (iv) of the npa act, 2002 )rbi180 days5securitisation companies ( under npa act, 2002 )rbi180 days6indian renewable energy development agency ltd.its a pfi u/section 4 a and also registered nbfc with rbi.sixmonths( being nbfc )7idbi ( industrial development bank of ..... of the recovery of debts due to banks and financial institutions act, 1993; [iii] the international finance corporation established under the international finance corporation [status, immunities and privileges] act, 1958; [iv] any other institution or non-banking financial company as defined in clause [f] of section 45-i of the reserve bank of india act, 1934, which the central government may, by notification, specify as financial .....
Tag this Judgment!Court : Gujarat
..... proceed as provided in sub-sections [2] and [3]. section 53a of the bombay stamp act: 53a. revision of collectors decision under sections 32, 32a, 39 and 41:- (1). notwithstanding anything contained in sub-section (3) of section 32, sub-section (3) of section 32-a, sub-section (2) of section 39 and sub-section (2) of section 41, when through mistake or ..... on the contrary, is in conflict with the existing legislation dealing with the subject. 11. consequently, we quash the impugned circular dated 9th may 2007 as without jurisdiction and direct the respondent-authority to follow the existing statutory provisions indicated above in case of presentation of any document with the alleged ..... viz. the gujarat registration rules, 1970. 2. in order to appreciate the aforesaid question, it will be profitable to refer to the circular dated 9th may 2007 which is quoted below:- xxx xxx xxx circular: in the state the documents of the immovable properties are registered in the office of the sub-registrar. .....
Tag this Judgment!Court : Gujarat
..... -naresh kumar, who passed away on 2.12.2011 is already there. despite that dr.a.a.begad, registrar, birth-death section, ahmedabad municipal corporation has taken a very fancy stand that they were not under the provision of the act for correcting the same. 5. on the contrary, he should have taken a practical approach and ought to have done the ..... . 8. a useful reference can be made to the judgment of the division bench of the high court referring to the provisions of registration of birth, deaths and marriages registration act, 1969 read with the rules and it has been observed referring to rule 12 that the authority are enjoined with the duty to entertain such application for correction in the ..... do the needful at the earliest within a period of three weeks, failing which the respondents shall be entitled to take all steps available, even under the contempt of courts act. 7. since, the appeal is disposed of, civil application does not survive and the same stands disposed of, accordingly. .....
Tag this Judgment!Court : Gujarat
..... it appears from the communication at annexurej that the said order for recovery of the deficit stamp duty came to be passed in the proceedings under section 33 of the bombay stamp act. therefore, it is not possible to give a concluded finding as to whether the document was duly registered on 24.9.2002 or not. 14. ..... payment has been made through oversight and therefore, the said amount be refunded. it further appears that thereafter on 7.9.2002 resolution was passed in the finance committee of the board of the petitioner company that the bond issued be secured by creating an english mortgage under the registered debenture trust deed in favour of ..... debentures and not unsecured debentures. however, under the bonafide mistake, the petitioner paid the stamp duty and therefore, if the duty was not chargeable as per the stamp act, the same was required to be refunded, since not refunded, this court may issue appropriate direction. 6. whereas learned agp contended that as per the respondent, the .....
Tag this Judgment!Court : Gujarat
..... as an officer by the statutes. rule 3.20 also makes it clear that the university employee means an officer of the university as defined in section 2 (8) of the act. 14. in such circumstances, referred to above, we are of the opinion that the members of the association are entitled to draw pension on attaining ..... advisory committee consisting of the vice chancellor and the representative of the government of india and other eminent persons. i, therefore submit that sardar patel university cannot finance and cannot undertake any financial responsibility in respect of payment of pension. the government of india has also not accepted any financial liability in respect of incorporating ..... an employee. 5.3 at present there are 66 employees working in the scheme and 38 employees either have resigned or expired or retired prior to 1.12.2007. annexed hereto and marked as annexure-iii (colly.) are the copies of statement showing names of the employees working in the scheme and those employees who .....
Tag this Judgment!Court : Gujarat
..... ) the hon'ble apex court has observed that:- 30. in satyawati tondon[1], the court was concerned with an argument of alternative remedy provided under section 17 of sarfaesi act. dealing with this argument, the court had observed that where an effective remedy was available to the aggrieved person, the high court must insist that before ..... said preliminary objection, it would be appropriate to address the said issue at the outset. 9.2 it is pertinent to note that though section 18 of the act provides statutory remedy by way of appeal before the learned appellate tribunal the petitioner has not approached learned appellate tribunal against order passed by learned ..... learned senior counsel for the petitioner also submitted that the learned tribunal has committed error of law in relying on the provisions under section 19 of the recovery act of 1993 (rdb act for short). so as to support and justify the said contention, learned senior counsel for the petitioner relied on the judgment dated 13 .....
Tag this Judgment!Court : Gujarat
..... of husband of the petitioner was over, husband of the petitioner could not be declared dead. resolution dated 26.9.1987 is based on sec. 108 of the indian evidence act and by the said resolution, it is provided that unless the period of seven years elapsed after disappearance of the employee, such employee cannot ..... conclusion that the petitioner was entitled to benefit of family pension on the basis of resolution dated 31st july, 1987 and 26.9.1987 issued by the finance department of the state. mr. munshaw thus submitted that since the husband of the petitioner had not completed requisite service before his disappearance and since no details ..... the petitioner actually disappeared and could not be traced out. learned advocate rana submitted that the government of gujarat in partial modification of the resolution of the finance department dated 1st january, 1972, issued resolution dated 31st july, 1987 and has done away with the requirement of minimum five years service for the employee died .....
Tag this Judgment!Court : Gujarat
..... of license, market committee has got power to cancel such license if it is found that it is not fulfilling the requirement of the act and the rules. sec. 31h of the act provides for such cancellation of licenses. therefore, simply because the election is not being held for respondent no.3 committee, the administrator cannot ..... appointing administrator. it is further averred that even after this court issued notice, the concerned authorities issued notice to the market committee under section 46 of the agriculture produce markets act, 1963 (the act? for short) to show cause as to why the elected body of the market committee should not be superseded. the petitioner has ..... the apmc was to expire on 24.6.2011 and though he made representation dated 2.2.2011 requesting respondent no.2, director, agriculture marketing and rural finance to initiate process of election before expiry of the term of the body, the concerned authorities since delayed the holding of elections, the petitioner had to .....
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