Court : Gujarat
Reported in : 1979CENCUS404D; (1980)GLR284; (1980)GLR825
..... state of kerala : [1976]2scr690 , in the context of the luxury tax levied on tobacco under the kerala luxury tax on tobacco (validation) act, 1964, the supreme court has observed:excise duty, it is now well settled, is tax on articles produced or manufactured in the taxing country. ..... to assess excise duty on the price charged by the wholesaler and not by the manufacturer from whom the wholeseler has purchased the excisable goods, this is what the supreme court has observed:if the price charged by the wholesale dealer who purchases the goods from the manufacturer and sells them in wholesale to another dealer were taken as the value of the goods, it would include not only the manufacturing cost and the manufacturing profit of the manufacturer but also the wholesale dealer's selling cost and selling profit ..... in paragraph 14 of the report, the supreme court has observed in the context of canadian decisions on the subject:in view of this clear exposition of the content of the term 'duty of excise' in the indian setting, we think, no assistance can be derived for the meaning ascribed and the characteristics attributed to it in the decisions construing the relative taxing powers of the dominion and the provinces under the british north america act, 1867. ..... in that case, tax on lands and buildings was imposed by bomhay provincial legislature under the bombay finance act, 1932. ..... it was a case in which the constitutional validity of section 24 of the finance act, 1969 was challenged. .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]254ITR337(Guj)
..... the above aspect of the matter was totally overlooked by the division bench of the kerala high court in the decision relied on on behalf of the petitioners. ..... it is submitted that the kerala high court has also granted relief of directing refund of the amount deposited by the co-noticees under the scheme to them. ..... learned counsel points out that the present petitioners in relation to their industrial units within the state of kerala had approached the kerala high court for grant of similar relief of extension of the kvs scheme to them as co-noticees with a settlement of case under the kvs scheme with the main noticee. ..... with utmost respect, we are unable to agree with the view expressed by the division bench of the kerala high court in similar cases of the petitioner. ..... since the present provision was acting as a deterrent to the main noticees in settlement of case, it was found necessary by the central government to issue an order so as to remove the difficulties or doubts in implementation of the scheme against the co-noticees facing proceedings at the show-cause notice or demand notice stage and to allow with the main noticee, settlement of cases also of the co-noticees. ..... the kvs scheme of 1998 is part of an act of the legislature being the finance (no. ..... the kerala high court in its division bench by an unreported judgment in original petition no. ..... with respect, we are unable to agree with the view expressed by the high court of kerala in their decision onkar s. .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]118CompCas27(Guj)
..... with one another, for their combined effect is to render it unnecessary to inquire whether the debtor acted in contemplation of bankruptcy ; this question is now irrelevant, at any rate so far as its determination in the affirmative would be a condition precedent to the avoidance of a transaction as a fraudulent preference ; the test which these two conditions create is sufficient.although the term 'fraudulent' preference is currently used, the term 'fraudulent' is used in the section, fraud in the strict common law sense need never be proved, although it may often be present.'38. ..... learned counsel has also referred to the judgment of the kerala high court in the case of smt. ..... the business of the company was to give finance for the various purposes and not to purchase and sell immovable properties. ..... 13 and 17 were filed with the registrar of companies for satisfying the charge created by pfsl in favour of housing development finance corporation. ..... the official liquidator, thereafter, in his report dated october 25, 2001, stated that while examining the said papers/documents it is seen from the certificate issued by the housing development finance corporation ltd. ..... , (hdfc for short) that piramal finance services ltd. ..... official liquidator, navjivan trading finance pvt. ..... official liquidator, navjivan trading finance pvt. ..... official liquidator, navjivan trading finance pvt. .....
Tag this Judgment!Court : Gujarat
Reported in : 1991LC16(Gujarat); (1992)1GLR548
..... the grievance of the petitioner is that the additional duty of customs under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act have been levied and collected at the rate in force when the goods have been cleared from the bonded warehouse and not at the rate prevailing at the point of time when the goods entered into the indian territorial water. ..... in his submission, the taxable event of additional duty under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act occurs when the goods enter into the indian territorial water. ..... therefore, it is submitted that it is only at the point of time when the goods entered into the territorial waters of india, the same can be subjected to tax under the provisions of the customs tariff act, 1975 and under the relevant finance act. ..... the learned counsel for the petitioner submits that the additional duty under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act are separate duties. ..... it is stated at the bar that in the finance act of each year similar provision is made and auxiliary duty is levied as per the provisions of the relevant finance act in each year. 5. ..... in that case, the legality and validity of the kerala buildings tax act, 1975 (7 of 1975) was challenged. ..... state of kerala reported in air 1980 sc page 271. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR136
..... cases 162, the government of india, ministry of finance, department of revenue had issued notification dated 18-4-1980 in exercise of power conferred by sub-section (1) of section 25 of the customs act, 1962, exempting aluminium wire rods or aluminium ingots falling within chapter 76 of the first schedule to the customs tariff act, 1975 when imported into india from the whole of the duty of customs leviable thereon under the said schedule to the customs act, and the whole of the additional duty leviable thereon under section 3 of the customs tariff act, and it was ..... directed that the said notification ..... pannoose filed a petition under article 226 of the constitution in the high court of kerala in which he challenged the action taken by the revenue officials including the tahsildar for getting the shares, which had been attached and sold for satisfaction of the income-tax dues of the assessee. ..... state of kerala and ors. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR2903
..... the principal submission advanced is that keeping in view the aims and objects of the kvs scheme, the words 'civil proceedings' used in para 2 of the order of 1998 issued by the central government under section 97(1) of the finance (no.2) act should be read down to include within the words 'even appellate proceedings' which are nothing but continuation of the original proceedings. ..... the above aspect of the matter was totally overlooked by the division bench of the kerala high court in the decision relied on behalf of the petitioners. ..... it is submitted that the kerala high court has also granted relief of directing refund of amount deposited by the co-noticees under the scheme to them. ..... the learned counsel points out that the present petitioners in relation to their industrial units within the state of kerala had approached the kerala high court for grant of similar relief of extension of kvs scheme to them as co-noticees with a settlement of case under the kvs scheme with the main noticee. ..... the kerala high court in its division bench by unreported judgement in original petition no. ..... with utmost respect, we are unable to agree with the view expressed by the division bench of kerala high court in similar cases of the petitioner. ..... with respect, we are unable to agree with view expressed by the high court of kerala in their decision (supra).33. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj100; 2007(3)ARBLR495(Gujarat)
..... : (2000)8scc151 as well as the following decisions of the allahabad high court and the kerala high court, wherein the courts have reiterated the principle enunciated by the apex court, in the cases of universal construction and trading company, lucknow v. ..... 56 of 2005 vide order dated 22/12/2006 this court has also followed and applied the ratio laid down by the apex court in the following terms:in so far as the claim of the respondent authorities that they have the exclusive right to appoint an arbitrator, suffice it to state that once the petitioner had called upon the respondent authorities to exercise the said right, it was incumbent upon the respondent authorities to act in that regard within a period of 30 days. ..... in the circumstances, the case at hand shows the basic fallacy in the procedure prescribed by way of conditions of contract whereunder a gazetted officer of railways who is appointed as a sole arbitrator, on the ground that he is well versed with the functioning of the railways including the terminology employed by the railways and the contractors working with railways, does not yield any tangible result for the simple reason that the officer gets transferred, as contended on behalf of the railways in normal course of service. ..... on 3/2/2003 the general manager of respondent-railways appointed one shri viswash choubey as the arbitrator with a condition to finalize the case within four months. ..... tata finance ltd. ..... tata finance ltd. ..... tata finance ltd. .....
Tag this Judgment!Court : Gujarat
Reported in : [1981]129ITR133(Guj)
..... as we have already shown above, the aforesaid view of the kerala high court is quite in consonance with the relevant statutory provisions of the act to which we have already referred. 15. ..... ravel for the revenue, we find that this is a case in which a substantial question of law does arise, particularly in view of the fact that both the sides rely upon different judgments of the supreme court in support of their rival contentions an din view of the further fact that there is a conflict of decisions between the madras high court and the kerala high court. ..... 80e(1) thus contemplated three steps being taken for computing the special deduction permissible thereunder and arriving at the net income exigible to tax and the first two steps read together contained the legislative mandate as to how the total income, of which the profits and gains attributable to the business of the specified industry formed part is to be computed, and according to the parenthetical clause, which contains the key words, the same is to be computed in accordance with the provisions of the act except s. ..... a division bench of the kerala high court confirming the view of the tribunal after consideration of the statutory provision of s. ..... 80e of the act prior to its amendment by the finance (no. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1073; (1994)ILLJ655Guj
..... shah, learned counsel for the respondent-workman referred to the preamble of limitation act, 1908 and submitted that alteration in the preamble of the limitation act, 1963 makes it clear that the word 'court' found in the preamble of the limitation act, 1908 has been omitted and the words 'other proceedings' have been substituted and, therefore, in view of the alteration made in the preamble of the limitation act, 1963, provisions of s. ..... 298), learned single judge of this court has held that the delay in filing appeal to the director of agricultural marketing and rural finance under section 27(5) of the gujarat agricultural produce markets act (20 of 1964) can be condoned, as provisions of section 29(2) of the limitation act, 1963 are applicable to gujarat agricultural produce markets act, which is a special or local law. 18. ..... joshi's case, and in the kerala state electricity board's case, alternation in the preamble and omission of the word 'court do not show any intention to make art. ..... on careful reading of the decisions cited by the learned counsel for the respondent, it appears that the view expressed by the supreme court in the case of nityanand joshi, is re-affirmed by the hon'ble supreme court in the case of kerala state electricity board. ..... in the case of kerala state electricity board. ..... delhi municipal corporation, air 1976 sc 105, and, (6) kerala state electricity board, trivandrum v. t. p. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(57)ELT529(Guj)
..... the grievance of the petitioner is that the additional duty of customs under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act have been levied and collected at the rate in force when the goods have been cleared from the bonded warehouse and not at the rate prevailing at the point of time when the goods entered into the indian territorial water. ..... in his submission, the taxable event of additional duty under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act occurs when the goods enter into the indian territorial water. ..... therefore, it is submitted that it is only at the point of time when the goods entered into the territorial waters of india, the same can be subjected to tax under the provisions of the customs tariff act, 1975 and under the relevant finance act. ..... the learned counsel for the petitioner submits that the additional duty under the customs tariff act, 1975 and the auxiliary duty under the relevant finance act are separate duties. ..... it is stated at the bar that in the finance act of each year similar provision is made and auxiliary duty is levied as per the provisions of the relevant finance act in each year.5. ..... in that case, the legality and validity of the kerala buildings tax act, 1975 (7 of 1975) was challenged. ..... state of kerala reported in air 1980 sc page 271. .....
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