Court : Gujarat
Reported in : [1976]105ITR115(Guj)
..... in thinking that on that question there can be no two opinions. it was not open to the income-tax officer to go into the true scope of the relevant provisions of the act in a proceeding under section 154 of the income-tax act, 1961. a mistake apparent on the record must be an obvious and patent mistake and not something which ..... in each case. 'it is no doubt true, as contended by the learned advocate-general, that the jurisdiction of the taxing authorities either under section 154 of the income-tax act of 1961 or section 35 of the wealth-tax act, cannot be equated with the jurisdiction of the high court or the supreme court in the matter of issuance of writs on ..... court in the matter of issuance of a writ is the same and co-extensive with that of the taxing authorities while exercising their power of rectification under section 154 of the income-tax act of 1961 or section 35 of the wealth-tax act. what we have to consider is whether, in the facts and circumstances of this case, it can be .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]213ITR307(Guj)
..... year 1981-82, the petitioner accused was required to file his return of income by june 30, 1981, and was required to make payment of advance tax in three instalments as provided in section 209 of the income-tax act, 1961 (hereinafter referred to as 'the act'). it is averred in the complaint that the petitioner accused failed to file ..... return as per section 139(1) of the act, notice dated august 29, 1981, was issued under section ..... 139(2) of the act and was served on september 1, 1981 .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]95ITR326(Guj)
..... the wealth-tax act, the legislature, however, did not think it fit to ..... could have certainly made a suitable provision in the act concerned. the very absence of such a provision under the wealth-tax act indicates that, though the legislature was aware of similar provisions under the indian income-tax act, excess profits tax act and the business profits tax act, and which were put on the statute book prior to the wealth-tax act, of 1961, which was placed on the statute book after .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]106ITR424(Guj)
..... in the circumstance of the case, the expenditure in question could be allowable only to the limited extent of rs. 5,000 under section 37(2a) of the income-tax act, 1961, for the assessment year 1970-71 ?' 4. at the time of hearing of these two references it was strenuously urged on behalf of the revenue that the entire ..... , the expenditure in question would be allowable only to the limited extent of rs. 5,000 under section 37(2a) of the income-tax act, 1961, for each of the assessment years under reference ?' 3. similarly, in income-tax reference no. 64 of 1974, identical question have been referred to us in the following facts and circumstances. the relevant assessment years ..... answer the questioned referred to us. the relevant provisions relating to entertainment expenditure are contained in sub-sections (2a) and (2b) of section 37 of the income-tax act, 1961. the history of the provisions, shortly stated, is that the first step in the direction of controlling these expenses was taken in .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]253ITR33(Guj)
..... of the same assessee, are made by the income tax appellate tribunal, ahmedabad, under section 256(1) of the income tax act, 1961, (hereinafter referred to as 'the act').'whether, on the facts and in the circumstances of the case, the levy of penalty under section 271(1)(a) ..... in order of settlement commission under section 245d(4). application:also to current assessment year.decision:in favour of assessee.income tax act 1961 s.245d in the gujarat high court m.s. shah & d.a. mehta, jj.income tax references nos.59 and 60 of 1988 3 october 2001m.s. shah, j. both these references, at the instance ..... was legal and valid in law ?'in income tax reference no. 60 of 1988, the following question is referred for the opinion .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)170CTR(Guj)354
..... supreme court, the provision that came before the supreme court, the provision that came up for consideration were those under chapter xx-c introduced in the income tax act enabling the tax authorities to acquire the properties intended to be sold for apparent undervalue. by section 269rr chapter xx-a order, was made inapplicable to transfer of ..... a immovable property after 30-9-1986. the central board of direct taxes issued a circular which stated that with a view to achieve earlier finalisation under existing chapter xx-a of the income tax act, the board has decided with effect from i-4-1996, that acquisition proceedings under section 269c will ..... central excise rules. the objectives of promulgating kvs scheme by finance (no. 2) act of 1998 are contained in finance minister budget speech of 1998, which is as under :'litigation has been the bane of both direct and indirect taxes. a lot of energy of the revenue department is being frittered away in pursuing a .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)165CTR(Guj)620; [2001]252ITR354(Guj)
..... india, the petitioner-company has raised a challenge against the order dated july 29, 1992, passed by the respondent, under section 264(1) of the income-tax act, 1961 ('the i.t. act'), whereby, the revision petition, which pertained to the assessment year 1989-90, came to be dismissed.2. in essence, the factual matrix is not much ..... even remotely warrant interference of this court. nothing has been spelt out for the exercise of discretion by the assessing officer under section 139(9) of the income-tax act and the exercise of discretionary power under section 264(1) of the respondent is in any way influenced by extraneous or hostile consideration. on the contrary, ..... and, in particular, the material provisions of section 139(9)(bb) and the exercise of discretionary power by the respondent under section 264(1) of the income-tax act, we are of the clear opinion that the contentions propounded by the assessee-company before the assessing officer as well as the revisional authority are, rightly, .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]259ITR21(Guj)
..... that case that notice had not been taken of the gujarat sales tax act, 1969, to ascertain whether or not there was such an amendment. the supreme court ..... would apply only if a state would have amended its sales tax act to provide that the sales tax that was deferred by an incentive scheme framed by it would be treated as actually paid, so as to meet the requirements of section 43b of the income-tax act, 1961. it was further held on the basis of the facts of ..... the provisions contained in section 43b of the income-tax act. the income-tax officer has, however, rejected the assessee's claim.2. being aggrieved by the said order of the income-tax officer, the assessee has preferred an appeal before the commissioner of income-tax (appeals) and while disposing of the said appeal, the commissioner of income-tax (appeals) has taken note of circular .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR60; [1967]66ITR408(Guj)
..... j.1. this is a reference under section 256(1) of the income-tax act, 1961, (hereinafter referred to as the act). the assessee is an individual and the relevant assessment year was 1962-63, the 'previous year' being the calendar year ending on december 31, 1961. the assessee derived income from various sources, viz., interest on securities, dividends and share of ..... & bros. this claim of rs. 6,024 was disallowed by the income-tax officer, firstly, on the ground that though there was a provision for deduction of interest from such income of share of profits in a partnership firm, under section 67(3) of the act, there was no such provision for other expenses; and the second ground ..... way of share in the profits of the partnership firm is chargeable under the head 'business' under section 28 of the 1961 act, similar to section 10(1) of the 1922 act. thus, it is against his income under the head 'business' that the assessee claims deduction by way of expenses in connection with the motor-car, the .....
Tag this Judgment!Court : Gujarat
Reported in : [1983]142ITR503(Guj)
..... 80 per cent. of its income was from pressing charges and ought to have been charged to tax at 65 per cent. in taking this view, he refused to place reliance on the ..... said sub-section as it is an undisputed fact that more than 80 per cent. of its income derived by the assessee is from pressing charges recovered from its customers. the commissioner acting in exercise of the powers under s. 263 of the i.t. act, 1961, felt that the assessee could not be said to be an 'industrial company' as more than ..... act, 1961; he, therefore, held that the assessee was not an 'industrial company' within the meaning of s. 2(7)(c) of the finance act, 1973. accordingly, he directed the ito to levy tax at the rate of 65 per cent. as against 55 per cent. already charged. the assessee feeling aggrieved by the said order carried the matter, in appeal to the income-tax .....
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