Court : Gujarat
Decided on : Oct-17-2014
..... earlier 15 per cent annum to 1.5% per month or part of a month, comprised in the period of delay in the grant of refund. the amending act, 1987, has also amended sections 214, 243 and 244 to provide that the provisions of these sections shall not apply to the assessment year 1989-90 or any subsequent assessment years." ..... to create an obligation upon the authority to pass consequential order upon conclusion of the litigation. 9. sub-section (1a) of section 275 was inserted by taxation law (amendment act, 2006 with effect from 13.7.2006. the same reads as under:- (1-a) in a case where the relevant assessment or other order is the subject-matter ..... the assessee for money remaining with the government. to remove this inequity, as also to simplify the provisions in this regard, the amending act, 1987, has inserted a new section 244a in the income tax act, applicable from the assessment year 1989-90 and onwards which contains all the provisions for payment of interest by the department for delay .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-05-2014
..... surcharge, in the absence of proviso to section 113? in suresh n. gupta itself, it was acknowledged and admitted that the position prior to the amendment of section 113 of the act whereby the proviso was added, whether surcharge was payable in respect of block assessment or not, was totally ambiguous and unclear. the court pointed out that ..... or (iii) the year in which the block assessment proceedings under section 158 bc of the act were initiated; or (iv) the year in which block assessment order was passed. the position which prevailed before amending section 113 of the act was that some assessing officers were not levying any surcharge and others who had a view that ..... levied only on the income of companies i.e. corporate entities incorporated under the indian companies act by specified surcharge at the rate of 15% in the finance act, 1996, which was reduced to 7.50% in the finance act, 1997. in the next two finance acts i.e. 1998 and 1999, there was no surcharge levied even in the cases .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-17-2014
..... a view to curb menace of the litigation being prolonged felt necessity to circumvent same. and with a view to achieve this object, amended c.p.c. vide code of civil procedure (amendment) act, 2002 adding proviso to order 6 rule 17 of the code. 9. on bare perusal of this proviso, it is evident that ..... evoked much controversy/hesitation all over the country and also leading to boycott of courts and therefore, by the civil procedure code (amendment) act, 2002, provision has been restored by recognising the power of the court to grant amendment, however, with certain limitation which is contained in the new proviso added to the rule. the details furnished below will ..... his pleadings. 42. it is to be noted that the provisions of order 6 rule 17 cpc have been substantially amended by the cpc (amendment) act, 2002. 43. under the proviso no application for amendment shall be allowed after the trial has commenced, unless in spite of due diligence the matter could not be raised before the commencement .....
Tag this Judgment!Court : Gujarat
Decided on : May-06-2014
..... y.2001-02 got carried forward to the assessment year 2002-03 and became part thereof, it came to be governed by the provisions of section 32(2) as amended by finance act, 2001 and were available for carry forward and set off against the profits and gains of subsequent years, without any limit whatsoever." 13. on such basis, the ..... 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 been dispensed ..... profits and gains of business or profession for any previous year, deduction of depreciation under section 32 shall be mandatory. therefore, the provisions of section 32(2) as amended by finance act, 2001 would allow the unabsorbed depreciation allowance available in the a.y. 1997-98, 1999-2000, 2000-01 and 2001-02 to be carried forward to the succeeding .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-02-2014
..... including a co-operative land mortgage bank or a co-operative land development bank); or (c) a post office as defined in clause (k) of section 2 of the indian post office act, 1898 (6 of 1898), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee a ..... replacement of section 114.] deduction in respect of winnings from lottery. 80tt. [omitted by the finance act, 1986, w.e.f. 1-4-1987. original section was inserted by the finance act, 1972, w.e.f. 1-4-1972 and amended by the finance (no.2) act, 1980, w.e.f. 1-4-1981.] deduction in respect of interest on deposits in ..... section (1) of section 60 or section 60a of the repealed act and in force immediately before the commencement of this act shall, to the extent to which provision has not been made under this act, continue in force. provided that the central government may rescind any such notification or amend it so as to rescind any exemption, reduction in rate or .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-27-2014
..... the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000), as amended by the taxation laws (amendment) act, 2000 (1 of 2000), and the assessee has paid the amount of shortfall, on or before the 15th day of june, 2000, the 15th ..... iii) any relief of tax allowed under section 90a on account of tax paid in a specified territory outside india referred to in that section; (iv) any deduction, from the indian income-tax payable, allowed under section 91 on account of tax paid in a country outside india; and (v) any tax credit allowed to be set off in accordance with ..... iii) any relief of tax allowed under section 90a on account of tax paid in a specified territory outside india referred to in that section; (iv) any deduction, from the indian income-tax payable, allowed under section 91 on account of tax paid in a country outside india; and (v) any tax credit allowed to be set off in accordance with .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-23-2014
..... appeared for respondent no.5. [2] the uncontroversial brief facts between the parties read as under: [2.1] petitioner no.1 is a company registered under the indian companies act, 1956 and petitioner no.2 is its director and shareholder. the petitioners wanted to manufacture yarn and therefore, they applied to the respondent no.1 gujarat industrial development ..... up their legal construction and started their factories. learned advocates for the respondents submitted that though the petitioners have joined respondent nos.4 and 5, they have not amended the petition nor have they made any such prayer and therefore, this court cannot pass any order against respondent nos. 4 and 5. learned advocate for the ..... gidc and thereafter, the gidc sub divided the same into several sub plots and sold it out to various parties. he also submitted that by way of amendment, the petitioners have also joined the parties to whom the allotments have been made i.e. party-respondent nos.4 and 5 in the petition, but no .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-14-2014
..... trying to defeat the rights of the true owner. after discussing the law of adverse possession, as emerging from english and indian judgments, it is observed that the parliament may consider abolishing the law of adverse possession, or at least amending and making substantial changes in the said law in the larger public interest. (3) in karnataka board of wakf v. ..... not pressed, however, the second suit was not barred either by order 23 rule 1(4) of the code or section 45 of the karnataka act. (11) the judgment in mohd. akram ansari v. chief election officer and ors. (supra), has been relied upon on behalf of respondent no.3 on the ground that a ..... order 2 rule 2 of code. (10) in n.r.narayan swamy v. b.francis jagan (supra), the supreme court was dealing with a case under the karnataka rent control act. it was held that successive suits can be filed by the landlord on the ground of bona fide requirement and non-payment of rent. the first suit was withdrawn as .....
Tag this Judgment!