Court : Gujarat
Reported in : [1972]85ITR230(Guj)
..... april, 1946, or after the 31st day of march, 1948 (and before the 1st day of april, 1956).' 5. section 2 (6a) was introduced in the income-tax act by the indian income-tax (amendment) act, 1939, but it did not then contain clause (e) in its present form. section 2 (6a) (e) in its present form was enacted by the ..... bhagwati, c.j. 1. this reference raises an interesting question of law relating to the interpretation of section 2 (6a) of the indian income-tax act, 1922. it raises out of an assessment to income-tax made on the assessee for the assessment year 1956-57, the relevant account year being samvat year 2011, that is, 27th october, 1954, to 14th november, ..... would only be a fraction thereof, corresponding to his one share.' 8. the bombay high court also said much to the same effect in commissioner of income-tax v. p. k. badiani. the learned acting chief justice, delivering the judgment of the court in that case, observed in relation to section 2 (6a) (e) : 'this provision legislates in .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]96ITR672(Guj)
..... which we too have indicated should be applied in judging whether a particular article or object is book within the meaning of section 43(3) of the income-tax act, 1961, and to that extent the decisions cited support out view. 25. the next question which must necessarily arise for consideration is whether drawings and patterns acquired ..... from a foreign company under a collaboration agreement can be said to be 'plant' on which depreciation is allowable under section 32 of the income-tax act, 1961 (hereinafter referred to as 'the act'). it is a very debatable question which is not easy of answer and though we have taken one view which appears to us more ..... constructed by the assessee in connection with his business of supplying water to farmers was plant within the meaning of section 10(2)(vi) of the indian income-tax act, 1922, on which depreciation allowance could be granted. the court observed that the primary meaning of the word 'plant' had connection with mechanical or industrial .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)166CTR(Guj)429
..... in the circumstances of the case, the tribunal was justified in law in holding that there was consideration for the said transfer within the meaning of section 64, income tax act, 1961 ?(3) whether, on the facts and in the circumstances of the case, the interest earned by the wife of the assessee on the amount received on maturity ..... years 1979-80 and 1980-81, at the instance of the assessee, the following three questions of law based on interpretation of section 64(1)(iv) of the income tax act, 1961, have been referred and all the three questions deserve a common answer :'(1) whether, on the facts and in the circumstances of the case, the tribunal was ..... of the insurance policy taken by the assessee under the married womens property act, 1874 was includible in the income of the assessee under section 64 of the income tax act, 1961 ?'2. all the three questions mould down to one common question as stated by the tribunal, as to whether there .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)107CTR(Guj)39; [1993]199ITR654(Guj)
..... said estimate, penalty under section 273(2)(c) of the act cannot be levied ? 2. whether, on the facts and in the circumstance of the case, the income-tax appellate tribunal was right in law in cancelling the penalty imposed under section 273(2)(c) of the income-tax act, 1961 ?' 2. in order to answer the aforesaid questions, it ..... section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following questions of law for our opinion :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in holding that the assessee having filled the estimate of advance tax payable by him under section ..... will be necessary to have a glance at a few relevant facts which are stated herein :(i) the assessee is an individual who derived his income from salary, property as well as share of profit .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)173CTR(Guj)193
..... tribunal has referred the following question : 'whether the tribunal has not erred in law and on facts in holding that charging of interest under section 215 of the income tax act, 1961, in the instant case was not justified ?'2.2. in it ref. no. 220 of 1995 filed at the instance of the assessee, the tribunal has, in respect of the ..... . mussadilal ram bharose (supra) was referred to for the observations made therein that, the explanation to section 271(1)(c) of the income tax act, 1961 shifts the burden to the assessee to show that the difference was not owing to fraud or gross or wilful neglect on his part, and that this onus is rebuttable. ..... k.r. sadayappan : [1990]185itr49(sc) .(o-2) in b.a. balasubramaniam & bros. co. v. cit : [1999]236itr977(sc) , the supreme court held that after the incorporation of the explanation in section 271(1)(c) of the income tax act, 1961, the view which had been taken earlier in cit v. anwar ali (supra), no longer holds the field and it is for the assessee to .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)131CTR(Guj)206; [1996]219ITR359(Guj)
..... otherwise bad in view of the fact that the appropriate authority has not given any finding to the effect that the apparent consideration was understated with a view to avoiding income-tax. 4. in support of the first contention, the learned counsel for the petitioners submitted that the puc was in a residential zone and was not on the ashram ..... by the parties. in view of the above findings we are satisfied that it is a fit case for pre-emptive purchase under s. 269ud(1) of the it act, 1961.' 11. there is not a whisper about satisfaction of the authority as to whether the difference between the apparent consideration and fair market value is on account of any ..... 226 of the constitution of india challenges the order dt. 31st july, 1995 passed by the appropriate authority under s. 269ud(1) in chapter xx-c of the it act, 1961 (hereinafter referred to as 'the act'). the petitioner has also prayed for an order directing respondent no. 1 to issue no-objection-certificate in terms of s. 269ul of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)196CTR(Guj)614; [2005]277ITR349(Guj)
..... mehta, j.1. the tribunal, ahmedabad bench 'a', has referred the following question for the opinion of this court under section 256(1) of the it act, 1961 (the act), at the instance of the cit, ahmedabad :'whether the tribunal is right in law and on facts in deleting the additions made by the ito amounting to rs. 16,121 on account ..... year ended on 30th june, 1983. the assessee, a public limited company filed return on 31st july, 1984, disclosing total income of rs. 20,55,630. the assessment was framed on 27th feb., 1987, on total income of rs. 41,16,769. during the course of assessment, the ao disallowed the sums of rs. 16,121 on ..... is not essential or indispensable for human existence. hence, normal meaning of term 'hospitality' is required to be taken into consideration in absence of any definition under the act. the said term as defined in the dictionary 'oxford advanced learner's dictionary (2000 edn.)' reads as under :'hospitality 1 friendly and generous behaviour towards guests : thank .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)195CTR(Guj)331; [2005]274ITR327(Guj)
..... ahmedabad bench 'c' has referred the following question for the opinion of this court under section 256(1) of the income-tax act, 1961 (the act) at the instance of the commissioner of income-tax, gujarat central, ahmedabad:'whether, the appellate tribunal is right in law and on facts in holding that the assessment made in ..... took effect from 01-09-1983. the submission on behalf of the assessee was that despite the aforesaid order under section 125a(1) of the act, the income tax officer, central circle, jamnagar forwarded draft assessment order in case of the assessee to inspecting assistant commissioner, central range-ii, ahmedabad on 13-03- ..... inspecting assistant commissioner, central range-ii, who was invested with concurrent jurisdiction by order made under section 125a(1) of the act. therefore, the inspecting assistant commissioner and the income tax officer were not entitled to take recourse to the extended period of limitation. the normal period of limitation would expire on 31 .....
Tag this Judgment!Court : Gujarat
Reported in : [1999]238ITR221(Guj)
..... time of hearing learned counsel for the revenue candidly stated that the issue is to be resolved in favour of the assessee in view of the decision of the supreme court in cit vs . virmani industries (p ..... set off of unabsorbed depreciation allowance carried forward from earlier years could not be allowed against the income from other sources unless the assessee, had income falling under s. 28 of the it act, 1961 ?' 4. at the ..... other sources unless the assessee had income falling under s. 28 of the it act, 1961 ?' 3. in it ref. 252 of 1984 relating to asst. yr. 1977-78 following question of law has been referred at the instance of cit : 'whether, on the facts and circumstances of the case, the tribunal was right in law in holding that .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]287ITR148(Guj)
..... referred the following question under section 256(1) of the income tax act,1961(the 'act') at the instance of the commissioner of income tax, ahmedabad. whether, the appellate tribunal is right in law and on facts in giving direction to treat the income from compensation under the head income from other sources?2. the assessment year is 1985-86 ..... rules of construction. in the case of sultan brothers private ltd. v. cit : [1964]51itr353(sc) , the constitution bench of the supreme court while dealing with the question as to whether the rent income was business income taxable under the indian income tax act, 1922 formulated the following principle :whether a particular letting is business, ..... officer vide order dated 25/02/1988 assessed the said amount under the head 'income from business' while framing assessment under section 143(3) of the act.4. the assessee carried the matter in appeal before the commissioner of income tax (appeals), who for the reasons stated in his order dated 08/12/1988 .....
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