Court : Gujarat
Decided on : Jan-25-1979
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
B.K. Mehta, J.1. These two appeals under s. 269H of the I.T. Act, 1961, at the instance of the Commissioner of Income-tax, Gujarat-II, Ahmedabad, are directed against the common order of the Income-tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad of July 25, 1975, allowing the two appeals filed by the respective respondent-transferees herein from the order of the IAC of Income-tax, Acquisition Range-II, Ahmedabad, passed on January 16, 1975, acquiring two industrial sheds of type-A bearing block Nos. 1/3 and 1/4 situate in the industrial estate set up by the Baroda Industrial Development Corporation (hereinafter referred to as BIDCO' for the sake of convenience) under s. 269F(6) of the aforesaid Act as the fair market value of the respective sheds exceeded the apparent consideration in the respective instruments of transfer of February 5, 1973, and had not been truly stated with the ulterior object of tax evasion and/or facilitating concealment of income or assets. Since the question...
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1979
Reported in : (1980)1GLR671
S.H. Sheth, J. 1. Employees' State Insurance Corporation (hereinafter referred to as 'the plaintiff') has filed in the City Civil Court, Ahmedabad, Civil Suit No. 2831 of 1972, against defendant No. 1, who is the official liquidator of Anant Mills Ltd., and defendant No. 2, who was the managing director of that company, for recovering a sum of Rs. 2,80,268.34, which, according to the plaintiff, are recoverable as a special contribution from Anant Mills Ltd. under the Employees' State Insurance Act. Anant Mills Ltd. is a company under liquidation. Defendant No. 2 has been joined as a party to the suit because he is the guarantor. The official liquidator representing the company has not filed the written statement in the suit. Defendant No. 2 has filed his written statement and, inter alia, raised the contention that the trial court has no jurisdiction to entertain the suit. Issue No. 6 raised by the learned trial judge relates to the jurisdiction of the court to entertain and try the su...
Tag this Judgment!Court : Gujarat
Decided on : Oct-01-1979
Reported in : (1979)2GLR464
..... last decision to which out attention has been invited is in madan mohan pathak and anr. v. union of india and ors. : (1978)illj406sc . it was a case under the life insurance corporation (modification of settlement) act, 1976. the supreme court has observed in that decision that the 'property' cannot have one meaning in article 19(1)(f) and another in article 31(1 ..... sales and purchases of other goods. with the amendment of clause (3) of article 286 by the constitution (sixth amendment) act in 1956, the restriction placed by article 286(3) prior to its amendment in respect of essential goods was lifted an the amended section 5 took effect thereafter in respect of all such goods also.39. in state of mysore and anr ..... , continue to exist for any purposes. this distinction between the voidness in one case and the voidness in the other arises from the circumstances that one is a pre-constitution law and the other is a post-contitution law. the application of the doctrine in one case and not in the other case arises from the inherent difference between article 13(1) and article 13(2) arising from the fact that one is dealing with the result tha ..... act.42. the next decision to which our attention has been invited is in the ahmedabad st. xaviers college society and anr. etc. v. state gujarat and anr : [1975]1scr173 . all that has been pointed out from this decision is that if a provision is enacted to check the abuse of power of administration, it does not offend the constitutional provision.43 .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-21-1979
Reported in : (1980)15CTR(Guj)32; [1980]124ITR862(Guj)
B.K. Mehta, J. 1. This group of 22 appeals arises out of a common order of the Income-tax Appellate Tribunal, Ahmedabad, of September 30, 1976, by which the Tribunal set aside the order of the IAC of Income-tax, Acquisition Range, Ahmedabad, for acquisition of two immovable properties comprising of the building and the lands, respectively, admeasuring 1,766 sq. yards and 2,984 sq. yards, conveyed by the deeds of conveyance bearing registration Nos. 1314 and 1315 of April 11, 1974, by the respective owners thereof (hereinafter known as 'Manibhai Nagarsheth group' and 'Sahebsing Nagarsheth group') to Kalyanbhai Purshottamdas Fadia and seven others (hereinafter known as 'Fadia group') for consideration of Rs. 7,28,166 and Rs. 12,18,584, respectively. A few facts need be noticed in order to appreciate the contentions urged on behalf of the Commissioner in this group of appeals. 2. The competent authority by his order of November 7, 1974, recorded the reasons for initiation of the acquisiti...
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