Court : Gujarat
Reported in : [1977]108ITR14(Guj)
..... commissioner of income-tax : [1964]54itr792(guj) , while negativing the contention urged on behalf of the assessee that the expenditure incurred by the assessee in purchasing types was not for something of an enduring benefit to the business because the types have not sufficient durability to give them the character of a capital asset, chief justice shelat, as he then was, speaking for the court, observed (page 799) : 'the ..... or for a substantial replacement of equipment; (2) expenditure may be treated as properly attributable to capital when it is made not only once and for all, but with a view to bringing into existence an asset or an advantage for the enduring benefit of a trade, or of permanent character; in order that the advantage is of 'enduring benefit' or 'of a permanent character' it must be of substantial durability so as to be almost a capital asset; and (3) whether for the purpose of the expenditure, any capital was withdrawn. ..... assessee it was submitted that the claim before the income-tax officer as well as before the appellate assistant commissioner was one under section 31 of the income-tax act, 1961, on the basis of the expenses made for current repairs of the machinery. ..... , therefore, that when the assessee replaced the unserviceable petrol engine with a diesel engine it was intending to bring into existence either a new asset or to achieve advantage or benefit to itself for permanent endurance, nor can it be said that it was substantially replacing the machinery. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]110ITR151(Guj)
..... the manufacture or production of articles by the industrial undertaking in india which is the crucial question and looking to the object with which section 84 was brought on the statute book, and prior to the act of 1961, section 15c was brought on the statute book, was to encourage establishment of new industrial undertakings in india, mere establishment of a new industrial undertaking was not enough. ..... thus clear that according to this decision of the bombay high court, 'articles' used in section 15c(2)(ii) of the act of 1922, which was equivalent to section 84(2)(iii) of the act of 1961, referred to intermediate products which were to be used by the producer for the manufacture or production of finished goods which ..... the question as to when the manufacture of sterile penicillin had started and whether the assessee was entitled to the exemption under section 15c of the act of 1922, for the assessment year 1960-61, on the facts, the bombay high court held that the production of articles by the assessee had ..... behalf of the assessee-company it was contended in the alternative that the production of cellulose pulp had begun on march 18, 1961, as a trial production and that it was only during assessment year 1962-63 that regular production of cellulose pulp and thereafter ..... according to the bombay high court, the benefit of the exemption under section 15c arose to the assessee for the first time in the assessment year 1956-57, and, therefore, it was entitled to the exemption under section .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... 1998, inquiring as to whether tax was deducted at source on such interest payments and if it was not so deducted, then calling upon them to show as to why the provision of section 40(a)(i) of the it act, 1961 ('the act' for short), should not be invoked in the assessee's case and why the entire interest paid outside india should not be disallowed in the course of assessment. ..... .(5) ship-breaking activity is not an activity for manufacture or production of any article or thing for the purposes of availing the benefit of deductions under sections 80hh and 80-i of the it act, ..... 1961.(2) the assessees who did not deduct tax at source under section 195(1) of the it act, 1961 on the usance interest payable outside india and on which tax had not been paid, are not entitled to deduct the amounts of such usance interest in computing their income chargeable under the head ..... , was cited to point out that the supreme court held that the purchasers could not claim any benefit under section 30 inasmuch as they were neither borrowers nor were they being made to pay in respect of a 'loan' as those terms were defined in the act; the fact that under the compromise decree, the moneys were payable in a number of instalments instead of at once would not show that the price had become a ..... .(3) the assessees being responsible for paying to the non-residents usance interest which was chargeable under the provisions of the it act, 1961, were liable to deduct income-tax thereon under section 195(1) .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)23CTR(Guj)312; [1981]129ITR102(Guj)
..... act, 1961 makes it clear that where the assessee incurs any expenditure in respect of which payment has been made or is to be made to any person referred to clausein (b) of section 40a and the income-tax officer is of the opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods, services or facilities for which the payment is made or the legitimate needs of the business or profession of the assessee or the benefit ..... had not given any proper consideration to the legitimate business needs of the company and, on the aspect of benefit, his view was mainly influenced by applying his mind to the kind of physical or hard labour done ..... agreement was entered into in october, 1967, with voltamp associates, that partnership firm had considerable experience of dealing in goods and was earning a tidy profit on its own without the benefit of the sole selling agency agreement with the assessee-company. ..... act, 1961, the following two questions have been referred to us at the instance of the assessee : ' (1) whether there was any evidence before the tribunal to come to the conclusion that the amount of commission ..... 'as a matter of fact the reading of the agreement makes it clear that this document was executed with a view to bifurcating or splitting up the profits for the benefit of the relatives of the directors. ..... acts, to arrive at its own conclusions in the light of facts which are otherwise not in dispute or facts which otherwise emerge from the .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]105ITR601(Guj)
..... in the profit and loss account he is to make the debit entry regarding the development rebate but the question is up to what point of time it can be done if a reference is made to section 22(3) of the income-tax act, the assessee has a right to modify his return right up to the date before the assessment is made which indicates that he can also correct the mistakes in his account books or the statement or profit and loss ..... 13 of the report, the principles that were culled out from the various decisions were as follows : 'it is thus clear that according to this interpretation placed upon clause (b) of the proviso to section 10(2)(vib) of the 1922 act, the amount to be transferred to the reserve contemplated by that clause must be debited before the profit and loss account is made up and, secondly, the transfer to the reserve fund should be made at the time of making ..... to agree with this reasoning of the learned judges of the allahabad high court because after the interpretation placed by the supreme court on clause (b) of the proviso to section 10(2)(vib) of the act of 1922 (equivalent to section 34(3) of the act of 1961) it is no longer open to us to construe the requirements of the proviso (b) to section 10(2)(vib) of the act of 1922 or section 34(3) of the act of 1961. ..... the appropriate time regarding the development rebate reserve and since these requirements of section 34(3) were not complied with, the assessee firm was not entitled to get the benefit of the development rebate. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)161CTR(Guj)401; [2000]246ITR188(Guj)
..... considering the preamble of the advocates act, 1961 and the nature of the various obligatory functions, including the one under clause (d) of s. 6(1), i.e. ..... 1985-86, and held that from the object of the petitioner-trust, it is clear that the benefits are limited to its members only, who cannot be termed as 'members of the public', and ultimately, held that the trust is liable for the tax and computed the total income of the trust at rs. ..... trust which is a charitable trust under the provisions contained in the bombay public trusts act and registered by the cit for the purpose of charity is for the benefit of the staff of the institutes engaged in providing education. ..... kureshi, appearing for the respondents, submitted that, in the instant case, benefit cannot be extended to the trust, in view of a reported decision in cit vs. ..... the ito was not justified in refusing the benefits which would otherwise accrue under the registration. ..... in our opinion, looking to the scheme of the trust, which is produced on the record, it is clear that the same is intended to benefit a section of the public, which certainly can be distinguished. ..... it is required to be noted that even if a section of public is given benefit, it cannot be said that it is not a trust for charitable purpose in the interest of public. .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)21CTR(Guj)219; [1982]135ITR443(Guj)
..... it does not appear to have been the intention of the legislature, as envisaged by section 15c of the act, that the benefit of the said section would be confined to the industrial undertakings of those parties who had not already set up such undertaking in the past but would parties who had not already set up such undertakings in the ..... it was pointed out to the tribunal that the facts stated in the order of the tribunal relating to the assessment year 1961-62 would govern the facts of the case in the instant case also and, following that decision, the tribunal upheld the decision of the aac ..... 80j) of the act of 1961, have been indicated and it is only in the light of this decision that the problem has to be approached. 27. ..... of the act of 1961 and s. ..... referred to us for our opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee is entitled to the relief under section 84 of the income-tax act, 1961, a claimed by it ?' 2. ..... act, 1961. ..... act, 1961 ..... act, 1961, in the revised return which it filed on january 15, ..... of the 1961 act and s. ..... 84 of the 1961 act which was replaced by ..... coming to this decision, he also relied on the decision of the tribunal for the assessment year 1961-62 in the case of this very assessee. 3. ..... the tribunal by the revenue and at that stage, the attention of the tribunal was drawn to the decision of the bombay bench of the tribunal in the case of this very assessee for the assessment year 1961-62. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj16
..... vast circulation and having not done so, this advertisement has not served the purpose and possibly by giving advertisement in a newspaper having no larger publicity and having publication in the evening has benefited certain persons.the fact that in gujarat out of more than 500 architects, very limited number of persons have submitted applications clearly indicates that there was no wide publicity and the persons ..... of the gujarat housing board which is duly constituted under the provisions contained in gujarat housing board act, 1961 and the board took a decision to appoint private architects for its project at gotha housing township ..... he being interested to uphold and maintain standards and status of practising architects in gujarat in accordance with the provisions of the architects act and the rules and regulations framed thereunder, has thought it fit to file the petition and to point out the illegalities and gross ..... are concerned, nothing has been placed before us indicating that they are required to be enrolled with the statutory body recognised under the act, empowering the statutory body to exercise powers over the members or to take action, such as disciplinary action. ..... to working partners and the amounts to be paid as per book profits in accordance with section 40(b) of the income-tax act, 1961. ..... the architects are engaged in profession and not in business, has enacted the architects act with a view to maintain standards of architects and to protect the dignity of architects .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR698
..... although in the facts of that case the apex court had taken view in favour of the concerned employee and had declined to take away the benefit which the said employee had obtained under the orders of the tribunal, on the aspect of delay certain observations that have been made by the apex court are required to be reproduced here ..... dehors the violation of aforesaid provisions, respondent has no right to claim the relief regarding reinstatement together with all other incidental benefits when her own appointment was not in accordance with due process of selection. ..... chapter v-a providing for retrenchment is not enacted only for the benefit of the workmen to whom section 25-f applies but for all cases of retrenchment and, therefore, there is no reason to restrict application of section 25-h therein only to one category of ..... is a cooperative bank registered under the provisions of the gujarat cooperative societies act, 1961. ..... appears to be justified in complaining that in the absence of any plea on behalf of the management and any evidence, regarding delay, he could not be deprived of the benefits under the act merely on technicalities of law. ..... that would now arise for consideration is whether the termination of service of the respondent was against the provisions of the act and in particular the provisions of section 25g and h of the act read with rules 77 and 78 of the rules and whether the respondent was entitled to be reinstated on her original post with all incidental benefits. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]106ITR494(Guj)
..... it is possible to attribute any one of the following three meanings to the expression 'body of individuals' occurring in the income-tax act, 1961 : (1) on the same basis as an 'association of persons', that is, the members of the body must have joined together for the purpose of producing income; (2) a conglomeration of individuals who happened to have come together but who carry ..... under these circumstances the assessee cannot get any benefit from the observations of the supreme court which were made in the context of the provisions of the 1922 act which materially differed from the provisions of the 1961 act, inasmuch as extinguishment of any rights in a capital assets was not within the definition of the word 'transfer' for the purposes of ..... when the legislature came to enact the income-tax act, 1961, it made a departure so far as the inclusive definition of the word 'person' is concerned by including a body of individuals also within the word 'person' and under the charging section of the act of 1961, namely, section 4, the total income of every person of the previous year or previous years, as the case may be, as mentioned in the charging section is to be charged for income-tax ..... tribunal : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the case of the respondent was covered under clause (ii) of section 47 of the income-tax act, 1961, and, therefore, there was no capital gains made by the respondent liable to tax ?' 2. .....
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