Court : Gujarat
..... it is true that under the amending act by section 18 of the finance act, 1956, authority was conferred upon the income tax officer to assess a person as an agent of a foreign party under section 43 within two years from the end of the year of ..... act a proviso was added to sub-section 2 as under : "provided that if the commissioner of sales tax, on being satisfied on the basis of reasons recorded by the assessing authority that it is just and expedient so to do authorities the assessing authority in that behalf} such assessment or re-assessment may be made after the expiration of the period aforesaid but not 'after the expiration of eight years from the end of such year notwithstanding that such assessment or re-assessment' may involve a change ..... it is presumed that the legislature does not intend to make any change in the existing law beyond that which is expressly stated in, or follows by necessary implication from, the language of the statute in ..... a validating clause coupled with a substantive statutory change is therefore only one of the methods to leave actions unsustainable under the unamended statute ..... substantive right is conferred by a statute which remains unaffected by subsequent changes in law unless modified expressly or by necessary implication. ..... and for the purpose of the changed forum, time could not be deemed to have started running before a remedy of going to the new forum is ..... started running for the filing of the suit but before it had expired the forum was changed. .....
Tag this Judgment!Court : Gujarat
..... revenue and the assessees are put to great hardship on account of the short period within which the income tax returns are to be filed, it was expected of the board to exercise the discretionary powers vested in it under section 119 of the act to ameliorate the difficulties faced by the assessees on account of no default on their part, at least to a certain extent, by extending the due date for filing the income tax returns for a reasonable time. ..... it was submitted 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. ..... the attention of the court was further invited to the implications of business process, to submit that any change in due date by way of extension has to be given effect by change in return preparation software to handle modification in interest under section 234a/234b of the act. ..... it was submitted that thus, the relevant forms for e-filing of returns were earlier prescribed only in case of the assessees falling under clauses (a), (b) and (ca), namely, the assessees having salary income, etc. ..... in article 226 of the constitution of india would vary from case to case, the nature of the order, the relevant statute as also the other relevant factors including the nature of power exercised by the public authorities, namely, whether power is statutory, quasi-judicial or administrative. .....
Tag this Judgment!Court : Gujarat
..... the basis of inter-se merit list of the candidates (total theory marks obtained in physics, chemistry an biology subject only), who have applied for admission against the non-resident indian seats in the following manner, namely:- (i) the candidate who is non-resident indian as also the candidate whose parents and in the absence of his/her parents, his/her legal guardian who is non- resident indian, shall be offered the non- ..... the basis of inter-se merit list of the candidates (total theory marks obtained in physics, chemistry an biology subject only), who have applied for admission against the non-resident indian seats in the following manner, namely:- (i) the candidate who is non-resident indian as also the candidate whose parents and in the absence of his/her parents, his/her legal guardian who is non-resident indian, shall be offered the non- ..... 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 ..... domicile we mean home, the permanent home; and if you do not understand your permanent home, i am afraid that no illustration drawn from foreign writers or foreign language will very much help you to it. ..... means a non-resident indian as defined under income tax act, 1961 read with foreign exchange management act, 1999. .....
Tag this Judgment!Court : Gujarat
..... the case of small industries development bank of india (supra) to the facts of the case on hand, more particularly while considering the powers of the tribunal under section 254(2a) of the act, it is observed and held that by section 254(2a) of the act, it cannot be inferred a legislative intent to curtail/withdraw powers of the appellate tribunal to extend stay of demand beyond the period of 365 days. ..... settled principles of law and which is consistent and recognized that where a case is not considered because of multiplicity of business of the court the party ought not to be prejudiced by that delay and when an act of the court can prejudice no man, ditto would be for an omission in keeping with the aforesaid principles that if the matter has not been taken up for consideration on a given date at least the litigant ..... been treated to be withdrawn 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 ..... foreign to the proper function of proviso to read it as providing something by way of an addendum or dealing with a subject which is foreign ..... secondly, in absence of any change in circumstances why should the tribunal be inundated with extension applications when admittedly, .....
Tag this Judgment!Court : Gujarat
..... and circumstances of the case it cannot be said that the assessee did not disclose fully and truly all material facts necessary for the assessment with respect to software license fees paid to foreign companies and therefore, the income chargeable to tax has been escaped due to the failure on the part of the assessee to disclose fully and truly all material facts. ..... 2008 is sought to be reopened on the ground that the "software license fees" paid to the foreign companies was in nature of "royalty" and thus, "capital expenditure" and therefore, it attracts section 195 of the income tax act and therefore, tds was required to be deducted. ..... is the case of the assessing officer that the payment of software license fees is in the nature of "royalty" and thus in the nature of capital expenditure, as the assesses has simply availed the "software services" from the named foreign companies and the said foreign companies have granted the assessee company the only right to user "software license", as the software was owned by the parent company itself. ..... having revealed from the record that the assessee disclosed full and complete facts and on scrutiny, at the time of original assessment all these details are examined, no change of opinion is permissible merely because there was some error earlier on the part of the assessing officer himself or because he choose not to opine on the issue or even when he changes his mind and interprets the material or law otherwise than what was done by him. .....
Tag this Judgment!Court : Gujarat
..... privatization and globalization policy to ensure that india is in the process of restructuring her economy, with expressions of elevating and speeding up her economic development, in which the foreign direct investment is playing a major role in rapid economic growth and we are on the fast track to prosperity ..... in section 80-ib of the income-tax act, - (a) for sub-section (9), the following sub-section shall be substituted and shall be deemed to have been substituted with effect from the 1 s t day of april, 2000, namely :- '(9) the amount of deduction to an undertaking shall be hundred per cent, of the profits, for a period of seven consecutive assessment years, including the initial assessment year, if such undertaking fulfills any of the following, namely :- (i) is located in north-eastern region and has ..... held in paragraph 52 that the government has a discretion to adopt a different policy or alter or change its policy calculated to serve public interest and make it more effective ..... . further, clause 17.10 of the psc provides that if, due to any change in law dealing with income tax or any other tax, which results in a material change to the expected economic benefits accruing to any of the parties after the date of execution of the contract, the parties shall promptly consult in good faith to make necessary revisions and adjustments ..... . but like any discretion exercisable by the government or public authority, change in policy must be in conformity with wednesbury reasonableness and free .....
Tag this Judgment!Court : Gujarat
..... privatization and globalization policy to ensure that india is in the process of restructuring her economy, with expressions of elevating and speeding up her economic development, in which the foreign direct investment is playing a major role in rapid economic growth and we are on the fast track to prosperity ..... in section 80-ib of the income-tax act, - (a) for sub-section (9), the following sub-section shall be substituted and shall be deemed to have been substituted with effect from the 1 s t day of april, 2000, namely :- '(9) the amount of deduction to an undertaking shall be hundred per cent, of the profits, for a period of seven consecutive assessment years, including the initial assessment year, if such undertaking fulfills any of the following, namely :- (i) is located in north-eastern region and has ..... held in paragraph 52 that the government has a discretion to adopt a different policy or alter or change its policy calculated to serve public interest and make it more effective ..... . further, clause 17.10 of the psc provides that if, due to any change in law dealing with income tax or any other tax, which results in a material change to the expected economic benefits accruing to any of the parties after the date of execution of the contract, the parties shall promptly consult in good faith to make necessary revisions and adjustments ..... . but like any discretion exercisable by the government or public authority, change in policy must be in conformity with wednesbury reasonableness and free .....
Tag this Judgment!Court : Gujarat
..... chandrani, reported in (2013) 14 scc 661 was considering the judgment and order passed by this court setting aside the show cause notice issued under section 153-c of the income-tax act, 1961 and the apex court held that it is a settled law that when an alternate remedy is available to aggrieved party, it must exhaust same ..... this court needs to remind itself of the fact that in the earlier round of litigation, while permitting the district registrar to take recourse to the provisions of section 107 of the act, of course on due application of mind and when such proceedings were instituted, the court had expected the petitioner herein to raise all contentions in the event of such proceedings being initiated ..... similarly, if any defect is disclosed in the construction, working or financial conditions or the books of a society pursuant to an inquiry held under section 86 or an inspection made under section 87, before forming the requisite opinion under section 107 (1), the competent authority will have to take into account the alternative course provided by section 92 to consider whether winding up must be ordered by an interim order, having regard to the special facts and circumstances of the case, without ..... to them by the office of district registrar within a period of ten days from today and such addresses shall be taken as final address for the purpose of communication unless they notify any change in their addresses to the district registrar. ..... foreign compensation commission, .....
Tag this Judgment!Court : Gujarat
..... parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine." 13. ..... accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person with the central government or any state government or ..... - (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or ..... the business of foreign liquor. .....
Tag this Judgment!Court : Gujarat
..... parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine." 13. ..... accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person with the central government or any state government or ..... - (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or ..... the business of foreign liquor. .....
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