Court : Gujarat
Reported in : (1978)0GLR636; [1978]112ITR156(Guj)
..... filing an appear under rule 86(1) (c), which having not been exhausted, the present petition was incompetent. 2. at the outset we would consider the relevant provisions of the income-tax act and the schedule ii in this connection along with the decision of the motor accidents claims tribunal in this matter as per the order at annexure 'a'. there is no ..... dispute that the deceased was a defaulter-assessee and his name was mentioned in the tax recovery certificate received by the respondent-tax recovery officer from the concerned income-tax officer for the recovery of arrears of tax by recourse to the provisions of the act and the second schedule. under section 222(1) when an assessee is in default or in deemed .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj144; (1961)GLR227(GJ)
..... actually assessed and the amount admitted by the assessee as assessable. the argument of mr. mehta has proceeded that the expression 'assessed' has been used in the income tax act in different contexts and has been given diff-rent meanings having regard to the context in which it appears, he has drawn our attention to a decision of their ..... first schedule in the earlier part of our judgment. it will be seen that that entry rules that the proper fee on an application under section 66 of the income tax act is one half ad valorem, fee leviable on the amount in dispute, subject to the minimum fee of fifty rupees. the expression 'amount in dispute' has been ..... some modification in the order but in effect upheld the decision taken by the authorities below,. the petitioner thereafter required the tribunal under section 66(2) of the income-tax act to draw up a statement of the case and raise and refer certain-questions to this court. the tribunal dismissed-that application and it is against that order .....
Tag this Judgment!Court : Gujarat
Reported in : [1997]225ITR1040(Guj)
..... 170. 13. these two provisions read together leave no room for doubt that reconstitution of the firm is quite distinct from succession of firm for the purposes of the income-tax act. in the former, there is no break in the continued existence of the firm as an entity, but with the change of partners or change in the ratio ..... of the firm as a registered firm, which has been validly granted and for which no ground is made out for holding that to be erroneous. 6. under the income-tax act, a firm, which is not a juristic person and having an entity independent of its partners under the general law of partners, is an independent unit of assessment ..... independent from the partners who constitute it and a special procedure for the assessment of the income of the firm has been made. chapter xvi of the income-tax act enacts special provisions applicable to firms. under sections 182 and 183 it envisages that assessment of a firm may be either as a .....
Tag this Judgment!Court : Gujarat
Reported in : 1993(42)ECC303; 1992(60)ELT370(Guj); (1992)2GLR840
..... officer refused to grant credit. thus, in our opinion, on facts as well as in view of the different object and different provisions of the income tax act, 1961 and that of the provisions of the central excises & salt act, 1944 the decision of the supreme court in the case of anchor pressings (p) limited (supra) is of no help to the petitioner. 15. no ..... .p. & others, reported in 1987 (27) e.l.t. 590. it was a case under section 84 of the income-tax act, 1961 as it was on the statute book at the relevant time. it provided that income-tax would not be payable by an assessee on so much of the profits and gains derived from any industrial undertaking to which the section applied as ..... by very nature of things the decision rendered in relation to the provisions of section 84 (as it was in force at the relevant time) and section 154 of the income tax act, 1961 would not apply to the powers and duties of an excise officer functioning under the appropriate provisions of the central excises & salt .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)188CTR(Guj)6; [2004]268ITR485(Guj)
..... . 4,01,497. the assessee had made provision to the tune of rs. 3,30,000 for income-tax and rs, 20,000 for wealth-tax. the ao gave set off of rs. 1,78,887 as ..... assessed figure available at the time of paying advance tax, though subsequently reduced due to rectification order passed for asst. yr. 1976-77?'2. the assessee is a company in which the public are not substantially interested within the meaning of section 2(18) of the it act, 1961 (hereinafter referred to as 'the act'). the total income assessed (before deductions under chapter vi) was rs .....
Tag this Judgment!Court : Gujarat
Reported in : [1985]58STC125(Guj)
..... shall make best judgment assessment. section 44 provides for reassessment for turnover escaping assessment. it should be emphasised that unlike a similar provision in the income-tax act, 1961, reassessment under section 44 is competent only if there has been an original assessment and if it is found subsequently that taxable sales or taxable purchases ..... 1955 sc 830 at page 833). we must, therefore, remind ourselves that section 46a is a new provision which has been inserted in the gujarat sales tax act by the gujarat sales tax (amendment) act (no. 10 of 1979) with effect from 1st april, 1979. we have, therefore, to consider what is the purpose of this enactment, namely, ..... section 44 for making an order of reassessment or for making an order of penalty under section 45 or 46 of the gujarat sales tax act, 1969 (hereinafter referred to as 'the said act') is under obligation to make draft assessment order in this petition. the question arises on the facts and in the circumstances as narrated .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj16
..... (7) there is a reference to working partners and the amounts to be paid as per book profits in accordance with section 40(b) of the income-tax act, 1961. respondent no. 4 is referred as working partner who is closely associated with sanjay shah and associates and he has a registration certificate issued by the indian ..... the respondents.6. respondent no. 2 is the chairman of the gujarat housing board which is duly constituted under the provisions contained in gujarat housing board act, 1961 and the board took a decision to appoint private architects for its project at gotha housing township worth rs. 230 crores in 43 hectors of land ..... the firm of architects and such person cannot be introduced as an architect. like the legal profession, medical profession and chartered accountants, for the architects. architects act prescribes qualification, entry of name in the register, removal of name from the register and procedure in inquiries relating to misconduct. the legislature considering the fact .....
Tag this Judgment!Court : Gujarat
Reported in : [1988]64CompCas186(Guj)
..... and phased out repayment of terms loans can be provided to the petitioning company. is is also averred in the petition that under section 72a of income-tax act, if the specified authority approves of the scheme of amalgamation, the benefit of the carried forward losses would be available to the company with which another ..... said scheme of amalgamation be sanctioned. 5. from the above, it would appear that the depositors, creditors, shareholders, the income-tax authorities and the competent authority under the monopolies and restrictive trade parties act have not raised any voice of dissent against the proposed scheme of amalgamation, but there is a lone voice of discord ..... not obtained by perpetrating any fraud upon them. the scheme was scrutinised from various angles by the authority constituted under the mrtp act as well as the income-tax authorities. over above this, this court finds that an industry in a back was area and generating employment in such backward area requires to be .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj164
..... as being competent to discharge various statutory duties and responsibilities as a qualified professional.21. similarly under the income-tax act, 1961, section 288 stipulates as to who can appear as authorized representative of an assessee under the said act. section 288(2)(iv) states that an accountant can be an authorized representative. the explanation below the ..... bank account number, name and branch of the bank. it is further stated that a prohibitory order under section 226(3) of the income tax act has been passed by the income tax officer, ward 8(8) as per request of the respondent. thus, the entire contents and tenor of the letter leave no room for ..... the judgment of the lower appellate court and the trial court convicting and sentencing the appellants under the provisions of the indian penal code and the income tax act. it appears that the enforcement directorate, madras raided on 19-10-1966 the premises of the appellants and recorded certain statements of the appellants. however .....
Tag this Judgment!Court : Gujarat
Reported in : [2000]108TAXMAN515(Guj)
..... years 1987-88 to 1990-91 and interest disallowance for the assessment years 1987-88 to 1996-97. the tribunal also noted depreciation, section 80j of the income tax act, 1961 and disallowance for the assessment years 1991-92 and 1992-93. it was urged before the tribunal that the assessing officer was not justified in making the disputed ..... this court in the case of n.r. paper & boards ltd v. dy. cit (1999) 234 itr 733(1998) 101 taxman 525 that, while framing the block assessment under section 158bc of the act, undisclosed income detected as a result of search can be taxed only on the basis of material found during the course of search, and the ..... assessing officer was not justified in recomputing the total income of the assessee for the various assessment years in the block assessment .....
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