Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... (5) 'architect' means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972), and also includes any commercial concern engaged in any manner, whether directly or indirectly, in rendering services in the field of architecture ; . . . ..... the challenge to the levy of tax was on the ground that the tax was levied on non-agricultural income from land and building which the state legislature was not competent to levy. ..... it is true that the court observed that the expression 'services are rendered to customers' in the definition has to be construed as 'services rendered to customers in the carrying on of trade or business', but this decision cannot be construed as laying down that the services rendered by a professional are the same thing as the profession. ..... there was double taxation--one by the state under the punjab professions, trades, callings and employment taxation act, 1956, and another by the panchayat samitis and zilla parishad act, 1961. ..... it cannot be gainsaid that persons with qualifications in the professional field rendering their services in the fields of accountancy, engineering and architecture are likely to charge higher fees than non-qualified persons rendering their services in such or similar fields. ..... state of karnataka : [1990]1scr614 and in federation of hotel and restaurant association of india v. .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... decision :56 for the foregoing reasons, we decide the above questions of law formulated in these appeals as under :(1) the usance interest paid by the assessees was not any part of the purchase price of the ships and was interest within the meaning of the definition of the term 'interest' under section 2(28a) of the income-tax act, 1961. ..... visakhapatnam port trust : [1983]144itr146(ap) was rendered in the context of liability to pay tax on the basis of the dtaa and the case of the german company was that it had no 'permanent establishment' in india and therefore, since section 9(1)(i) of the said act was subject to the dtaa, it was not taxable in india, but in the other contracting state ..... the crown contended that the cherries formed part of the land and the purchase was a single operation resulting in the acquisition of a single capital asset ..... 'interest' means interest payable in any manner in respect of any moneys borrowed or debt incurred (including a deposit, claim or other similar right or obligation) and includes any service fee or other charge in respect of the moneys borrowed or debt incurred or in respect of any credit facility which has not been utilized. ..... it was a matter where a german company tendered contract for the supply of the equipment and an agreement was entered into between the german company and the port trust whereby the german company undertook to supply the equipment and to delegate an engineer to supervise its instalation under clause 10(a) of the contract. .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... for the foregoing reasons, we decide the above questions of law formulated in these appeals as under:(1) the usance interest paid by the assessees was not any part of the purchase price of the ships and was interest within the meaning of the definition of the term 'interest' under section 2(28a) of the it act, 1961. ..... the crown contended that the cherries formed part of the land and the purchase was a single operation resulting in the acquisition of a single capital asset. ..... 'interest' means interest payable in any manner in respect of any moneys borrowed or debt incurred (including a deposit, claim or other similar right or obligation) and includes any service fee or other charge in respect of the moneys borrowed or debt incurred or in respect of any credit facility which has not been utilized. ..... it was a matter where a german company tendered contract for the supply of the equipment and an agreement was entered into between the german company and the port trust whereby the german company undertook to supply the equipment and to delegate an engineer to supervise its installation under clause 10(a) of the contract. .....
Tag this Judgment!Court : Gujarat
Reported in : [2010]24STT121
..... section 53(1) provides that a special economic zone shall, on and from the appointed day, be deemed to be a territory outside the customs territory of india for the purposes of undertaking the authorized operations and sub-section (2) thereof provides that a special economic zone shall, with effect from such date as the central government may notify, be deemed to be a port, airport, inland container depot, land station and land customs stations, as the case may be, under section 7 of the customs act, ..... section 2(zd) provides that all other words and expressions used and not defined in this act but defined in the central excise act, 1944, the industries (development and regulation) act, 1951, the income-tax act, 1961, the customs act, 1962 and the foreign trade (development & regulation) act, 1992 shall have the meanings, respectively assigned to them in those acts ..... a liability of payment of duty runs absolutely counter to the purpose of the legal fiction created under the sez act, 2005.37.3 section 51 of the sez act, 2005 providing that the act would have overriding effect does not justify adoption of a different definition in the act for the purposes of another statute. ..... section (1) of section 14 provides that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under section 46 or a shipping bill or bill of export, as the case may be, is presented under section ..... :in the case of state of karnataka v. k. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR774
..... section 2(7) defines 'co-operative bank' which means a society registered under this act and doing the business of banking, section 2(13) defines 'member' means a person joining in an application for the registration of a co-operative society which is subsequently registered or a person duly admitted to membership of a society after registration section 2(14) defines 'officer' means a person elected or appointed by a society to any office of such society according to its bye-laws section 2(17) of definition provides for 'registrar' ..... been enacted in exercise of powers conferred by section 168 read with sub-section (2) of section 145g, sub-section (4) of section 145u and section 145y of the gujarat co-operative societies act, 1961 and of all other powers enabling it in ..... in the official gazette, from time to time, specify in this behalf, having regard to financial position and share capital of such societies; (ii) all district central co-operative banks; (iii) all primary land development banks; (iv) (a) all district co-operative sale and purchase organisations; (b) all taluka co-operative sale and purchase organisations; (v) all co-operative sugar factories; (vi) all co-operative spinning mills (vi-a) all district co-operative ..... in the present case, under section 70(2)(c) of the karnataka co-operative societies act, 1959, any dispute arising in connection with the election of a president, vice-president, chairman, vice-chairman, secretary, treasurer or member of committee of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... principal act by the impugned act of 1981, insofar as it inserted proviso to section 74 and added section 74-a to 74-c and chapter xi-a by sections 2, 3 and 4, respectively, of the said amending act, has misfired for all intents and purposes since the legislature has proceeded on an assumption that there are no definite co-operative principles constituting the basic structure of co-operation in the principal act and the said impugned provisions are void and ineffective because they have been inserted without amending the provisions of sections 4, 73 and ..... . while negativing the challenge on both the grounds, the majority court held that the karnataka co-operative societies act which did not provide any compulsion for any person to form a co-operative society nor did it preclude any one from going out of the society cannot ..... concerned with the validity of a fee varying from 3% to 5% of the annual income of the institution levied under the rules framed under the madras hindu religious and charitable endowments act, 1961 ..... land development banks, all district and taluka co-operative sale and purchase organisations, all co-operative sugar factories, all co-operative spinning mills and any other society or class of societies which the state government may, by general or special order published in the official gazette, from time to time, specify, that their elections will be conducted in the manner laid down in chapter xi-a which has been inserted by the same act by section 4 after .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... [1070] 40 comp cas 325 the supreme court ruled that for purposes of awarding compensation of land and building of an undertaking acquired under the banking companies (acquisition and transfer of undertakings) act on the basis of 12 times the amount of annual rent or the rent which the building ..... purposes, as under : '269d(1) the competent authority shall initiate proceedings for the acquisition under this chapter, of any immovable property referred to in section 269c by notice to that effect published in the official gazette : provided that no such proceedings shall be initiated in respect of any immovable ..... act, 1961, the transferor and/or transferee as well as the occupant and any other known interested person should be told the nature of allegations against him including the material collected so far by the competent authority, and be furnished copies of the statements recorded and those of the documents collected by the competent authority on which he intends to rely so as to give the person interested or affected an opportunity to state his case and to correct or controvert the material sought to be relied upon, and ..... and the consequences being penal in nature, it is obligatory on the competent authority to establish for initiation of the proceedings and making the order of acquisition ultimately that the fair market value definitely exceeded the apparent consideration beyond the permissible limits by cogent, unequivocal and ..... nature of the licence fees by way of compensation .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... to get the accounts audited and obtained audit report in respect of the assessment year 1985-86 in particular and subsequent assessment years in general for compelling, bona fide and just reasons would also expose themselves not only to penalty under section 271b of the income-tax act, 1961, which penalty is again ..... operated retroactively to the prejudice of the assessee; (v) because the obligation of compulsory audit is without corresponding safeguards as to the empanelling of auditors and the schedule of maximum fees; and (vi) because the likelihood of the auditors not giving a clear certificate, namely, books are maintained in the proper manner as may be required by ..... court was that all factories falling within the meaning of section 2(m) of the factories act were brought within the purview of the definition of 'establishments' while establishments carrying on business or trade and employing less than 50 persons were left out, and that out of this latter class of establishments, an exception ..... and we are in respectful agreement with what has been observed by the division bench of the karnataka ..... and decision in america all show that the court feels less constrained to give judicial deference to legislative judgment in the field of human and civil rights than in that of economic regulation and that it is making a vigorous case of the equal protection clause to strike down legislative action in the area of fundamental human rights (see 'developments-equal protection' 82, harv.land .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... and reasons and the scheme of the agricultural produce marketing (regulation) act, 1996, the predominant object clearly being regulation and control of trading of agricultural produce, the marketing committee including its functionaries cannot be said to be performing functions which are sovereign in character, and most of its functions could be undertaken even by private persons and therefore, the committee would fall within the definition of 'industry' under section 2(j) of the act ..... of that term under the gujarat co-operative societies act, 1961 and persons other than corporate bodies] and tube wells including tube wells connected with sardar ..... environmental stability through preservation and, where necessary, restoration of the ecological balance, conserving the natural heritage of the country, checking soil erosion and denudation for mitigating floods and droughts, increasing substantially the forest / tree cover in the country through massive afforestation and social forestry programmes, especially on all denuded, degraded and unproductive lands, creating a massive ..... jal nigam was an industry within the meaning of section 2(j), and the decision of the karnataka high court in tungabhadra board, tungabhadra dam, hospet, ..... , ships, ..... all india radio and doordarshan cannot be said to be confined to sovereign functions as they carry on commercial activity for profit by getting commercial advertisements telecast or broadcast through their various kendras and stations by charging fees. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)167CTR(Guj)34; [2001]250ITR229(Guj)
..... madhya pradesh act and the rajasthan act on the one hand and investments of free reserves which continue to be part of the business funds of the bank and are without any restrictions or prohibitions as is shown in the case of maharashtra act, gujarat act and karnataka act, on the ..... which w ill be given only for certain purposes maharashtra reserve fund may be used : (1) in section 66(2) the business, or (2) invested otherwise investment may be as per : section 70, rule 54 (1) section 70 of the act, or (2) rule 54(1 ) of the rules once invested, funds cannot be rule 54(2) utilised without permission of the registrar gujarat reserve fund may be used : section 67(2) (1) in the business, or (2) invested otherw ise investment may be made as per : section 71, rule 29 (1) section 71 of the act, or (2) rule 29 o f the rules contentions urged on behalf of co-op. ..... of the registrar any society may invest the fund or a portion thereof : (a) xxx (b) in loans raised by a local authority in the state under the authority of the local authorities loans act, 1914 (ix of 1914); (c) in the purchase or leasing of land or buildings, and in the construction of buildings; provided that the purchase of such land or the construction of such building is likely to be advantageous to the society in the conduct of its business. ..... juncture, we would like to refer to the definition of bank in the webster's new 20th century ..... 256(1) of the it act, 1961 (hereinafter referred to as "the act"), at the instance of the .....
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