Court : Gujarat
Decided on : Feb-05-1974
Reported in : [1974]96ITR672(Guj)
P.D. Desai, J.1. This reference illustrates once again what a bewildering variety of questions arise for consideration under the income-tax law. The question which falls for determination in this reference is rather unusual, namely, whether drawings and patterns received by an assessee 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 plausible, the other view is not altogether impossible. 2. The assessee is a public limited company engaged in the manufacture of elevators. The controversy in the present reference arises out of two agreement entered into by the assessee with foreign collaborators. The first is an agreement dated October 5, 1960, entered into by the assessee with Alfred Wiseman & Co. Ltd., Birmingham, and ...
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-1974
Reported in : [1977]106ITR512(Guj)
P.D. Desai J.1. This reference, made at the instance of the assessee under section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), relates to the assessment to wealth-tax made on the assessee for the assessment years 1963-64 and 1964-65, in respect of certain properties which devolved upon him under a will and the principal considerations is : 'Whether, on the facts and in the circumstances of the case, the said properties could be said to be assets belonging to the assessee on the relevant valuation dates, namely, December 31, 1962, and December 31, 1963, and therefore, liable to be taken into account in determining the net wealth of the assessee ?' 2. It is necessary to state a few facts in order to appreciate the points raised for our determination and they may be first set out. 3. One Balabhai Damodardas was the grand-father of the assessee. He was possessed of considerable movable properties acquired by his personal skill and labour and held in his indivi...
Tag this Judgment!Court : Gujarat
Decided on : Apr-26-1974
Reported in : AIR1975Guj120; (1975)1GLR509
1. Even though an illiterate sitting tenant, who does a good turn to his landlord by advancing a loan on mortgage, expressly does nothing, the law should attribute and ascribe to him a suicidal intention to surrender his tenancy by virtue of the fictional doctrine of merger (about which the poor tenant obviously knows nothing) say, the respondent. And it is this proposition which inter alia calls for scrutiny in this appeal.2. On March 14, 1947, the owners of the Suit fields, which according to the appellant were in his possession as a sitting tenant since more than 6 years before the date of transaction, transferred the same to one Vadilal under a registered document EX. 54.whether the document is one of an outright sale or one creating a mortgage by conditional sale is one of the questions which confronts the Court in the present matter. 21/2 months there after the transferee, Vadilal, executed document, Ex. 25, transferring such rights as he had acquired from the original owners to ...
Tag this Judgment!Court : Gujarat
Decided on : May-02-1974
Reported in : AIR1975Guj18; (1975)0GLR80
D.P. Desai, J.1. The petitioner is a purchaser of a cutting machine from respondent No. 2 who had secured a loan from respondent No. 1 Co-operative Back for purchasing the said machine and had created a charge on that machine in favour of respondent No. 1 Bank. As a result of this transaction of loan by respondent No. 2 with respondent No, 1 Bank of which respondent No. 2 was, at the relevant time a member, arbitration proceedings under the provisions of the Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as the Act) came to be instituted by respondent No. I Bank against the present petitioner, respondent No. 2 and another person who was the surety of respondent No. 2. Those proceedings came to be started by respondent No. 1 Bank for the recovery of its dues advanced to respondent No. 2. The total amount of the dues including interest, notice charges and liquidation charges for which the claim was made under the provisions of the Act was Rs. 2,155.10 Ps. In these proc...
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-1974
Reported in : [1975]36STC511(Guj)
J.B. Mehta, J. 1. The Tribunal has posed the following question : 'Whether, on the facts and in the circumstances of the case, the club is a dealer within the meaning of section 2(11) of the Bombay Sales Tax Act, 1959, in respect of its activity of catering to invitees of the members other than the ordinary guests allowed under bye-law 24 at special parties, lunches, dinners, etc., booked and paid by the individual members.' 2. The short facts which have given rise to this reference are as under : The petitioner, Sports Club of Gujarat, is a company registered under the Indian Companies Act and the liability of its members is limited. It was registered as a dealer under the Bombay Sales Tax Act, 1959, hereinafter referred to as the 'Act'. Its object was to provide facilities for promotion of various sports. The club was open only to its members and it deals only with members. The members were about 3,120 in number. Under the relevant bye-laws, guests not exceeding four were allowed sub...
Tag this Judgment!Court : Gujarat
Decided on : Jul-09-1974
Reported in : (1975)0GLR371
Divan, C.J.1. In this application in the form of a judge's summons it is prayed that the applicant may be permitted to proceed with Long Cause Suit No. 254 of 1972 filed by the applicant against the company in liquidation in the High Court of Judicature at Bombay or in the alternative that the suit may be ordered to be transferred to this court and the applicant may be permitted to proceed with the same. The applicant has further prayed that the respondents be ordered to give an inspection of the properties of the said company in their custody to the applicant. This judge's summons came up for hearing before our learned brother, J. B. Mehta, J., and by order dated April 15, 1974, our learned brother referred it to a Division Bench because he felt that the point involved was an important point and of wide public importance and required full consideration of the various decision hereinafter referred to. 2. The applicant is a limited company and carries on business, inter alia, of manufac...
Tag this Judgment!Court : Gujarat
Decided on : Aug-13-1974
Reported in : (1975)16GLR610
T.U. Mehta, J.1. The petitioners in all these writ petitions are the manufacturers of Khandsari sugar and claim to be utilising sugar canes for manufacturing Khandsari in village industry. The State Government have issued a notification under Section 49(2) of the Gujarat Sales Tax Act, 1969, which is hereinafter referred to as 'the Act' giving exemption to certain categories of dealers from paying purchase tax on the purchase of sugar canes for manufacturing Khandsari sugar. One of these categories of dealers can get the exemption only after obtaining a certificate from Gujarat Rajya Khadi Gramodyog Board, which is hereinafter referred to as 'the Board' or Khadi and Village Industries Commission, which is hereinafter referred to as 'the Commission', to the effect that the industry of a dealer is a village industry. The case of the petitioners is that this requirement of obtaining such a certificate is illegal and unconstitutional and that even if the same is found to be legal and const...
Tag this Judgment!Court : Gujarat
Decided on : Aug-14-1974
Reported in : [1975]36STC116(Guj)
T.U. Mehta, J. 1. This reference involves the question, whether the chemical products known as Aldrex, Dieldrex and Endrex, which are sold by the applicant, are the 'chemicals' covered by entry 4 of Schedule C to the Bombay Sales Tax Act, 1959, or are the articles which fall within the residuary entry 22 of Schedule E of the Act. 2. This reference has arisen as the applicant applied to the Deputy Commissioner, Sales Tax, on 5th November, 1968, under section 52 of the Bombay Sales Tax Act, 1959 (hereinafter referred to as the 'Act'), for determining the rate of tax payable on the sales of the above-named articles. The Tribunal in appeal filed by the petitioner has held that these articles do not fall within entry 4 of Schedule C of the Act and that, therefore, the revenue has rightly taken these articles as covered by the residuary entry 22 of the Schedule E. Feeling aggrieved by the decision of the Tribunal, the petitioner has approached this court in this reference. 3. The articles re...
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-1974
Reported in : (1975)16GLR749
J.B. Mehta, J.1. This petition has been filed by the original claimants in M.A.C.T. Application before respondent No. 1 Claims Tribunal. The claimant's son had been knocked down by respondent No. 3, A.M.T.S. driver. The compensation which was claimed in the petition was of a sum of Rs. 9999/-. The judgment of the Tribunal resulted in the following order, dated January 11, 1974:The opponent shall pay to the applicants a sum of Rs. 7500/- with interest from the date of application till payment at 6% per annum and costs of the application. The opponents shall bear own costs.An award shall be drawn upon the deficit Court-fees being paid.' After this judgment, the claimants moved the Tribunal by an application, dated April 18, 1974, requesting the Tribunal to perform its duty to draw up the award and to pass suitable directions so that the amount of the award can be recovered from respondents Nos. 2 and 3, the driver and the Corporation. It was also pointed out by the claimants that as the ...
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1974
Reported in : AIR1975Guj182; (1975)0GLR806
P.D. Desai, J.1. The petitioner is the owner of final plot No. 51 of Town Planning Scheme No. IV (Varied) of Maninagar (Manipur) at Ahmedabad. The said plot admeasures about 2662 sq, yds. In the year 1924 the Notified Area Committee of Kankaria was the local authority for the Maninagar area within the meaning of Section 9 of the Bombay Town Planning Act, 1915 (hereinafter referred to as the old Act). The Notified Area Committee declared its intention to frame a Town Planning Scheme in the year 1924 and a draft planning scheme was accordingly Prepared in due course in the said draft scheme the land of the petitioner was reserved for Post Office and it was directed that the land shall remain vacant in Possession of the owner for fifteen years and that no super structure shall be erected thereon during the said period. The Final Town Planning Scheme No. IV (Manipur) was thereafter duly prepared and by a notification dated April 27, 1931 sanction was accorded to the same with effect from J...
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