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Judgment Search Results Home > Cases Phrase: income tax act Court: gujarat Year: 1985 Page 1 of about 54 results (0.016 seconds)

Mar 04 1985 (HC)

Commissioner of Income-tax Vs. Shri Digvijay Cement Company Ltd.

Court : Gujarat

Decided on : Mar-04-1985

Reported in : (1986)53CTR(Guj)274; [1986]159ITR253(Guj)

..... reason in support of the view which we are inclined to take and that is the insertion of a new provision in section 35d in the income-tax act, 1961, which of course permits the amortisation of capital expenditure, inter alia, for preparation of feasibility report under specified conditions. in other words, ..... 'ships'. 12. it is no doubt true that so far as the term 'ships' is concerned, there is no legislative dictionary in the income-tax act. it is also equally true that in its ordinary literal meaning, a pontoon cannot be considered as ship. but having regard to the legislative intent ..... be considered to be a ship in its ordinary meaning and not in the meaning given to it by the legislature for the different purposes under the income-tax act. the ordinary dictionary meaning of the term 'pontoon' is 'flat-bottomed boat used as ferry-boat, etc.' (see the new oxford illustrated dictionary ..... 72, the tribunal affirmed the view of the appellate assistant commissioner that the assessee-company is entitled to the relief under section 80j of the income-tax act, 1961, in respect of all the three units on the concession of the parties that the earlier decision of the tribunal holding that the ..... whether, on the facts and in the circumstances of the case, the tribunal has been right in law in allowing relief under section 80j of the income-tax act, 1961, in respect of sikka 4th expansion unit, bombay cement mills 1st expansion, and asbestos products division 1st expansion unit by the assessee : (3 .....

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Sep 19 1985 (HC)

Gora Vibhag Jungle Kamdar Mandali Vs. Commissioner of Income-tax

Court : Gujarat

Decided on : Sep-19-1985

Reported in : [1986]161ITR658(Guj)

..... the said case, there was a question of interpretation with regard to section 33b(2)(b) and 33(4) of the indian income-tax act, 1922, now section 263(3) of the income-tax act, 1961. in the said case, the supreme court has observed that the principle that a fiscal statute should be construed strictly is ..... assessee is assessed in the status of an association of persons. the assessee claimed before the income-tax officer that its income was exempt under the provisions of section 80p(2)(a)(vi) of the income-tax act, 1961. the income-tax officer negatived the claim of the assessee. copy of the assessment order is annexure a to ..... ' with regard to bye-law no. 22 in the finance (no. 2) bill of 1971, that the object of amending section 80p of the income-tax act is to ensure that the labour co-operative societies and the fisheries co-operative societies engaged in catching, curing, processing, preserving, storing or marketing of ..... in that view of the matter, the tribunal held that the assessee was not entitled to the exemption under section 80p(2)(a)(vi) of the income-tax act. copy of the tribunal's order is annexed as annexure 'c' to the statement. 7. thereafter, at the instance of the assessee, the tribunal ..... case, the tribunal was right in law in holding that the assessee society was not entitled to exemption under section 80p(2)(a)(vi) of the income-tax act 1961 ?' 2. a few facts leading to the present reference are stated as under : 3. the assessee is a co-operative society. the assessment .....

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Oct 08 1985 (HC)

Commissioner of Income-tax, Gujarat-ii Vs. Ahmedabad Maskati Cloth Dea ...

Court : Gujarat

Decided on : Oct-08-1985

Reported in : (1986)50CTR(Guj)283; [1986]162ITR142(Guj)

..... society from letting out the shops to the licensee members who were carrying on business in cloth is clearly exempt under the provisions of section 80p(2)(e) of the income-tax act, 1961 ?' 7. we are called upon to answer this common question which is referred to us in all the three cases. 8. before we proceed to answer the question on ..... act'). alternatively, the assessee contends that the income to the extent of rs. 20,000 would be deductive under ..... clause(c) of sub-section(2) of section 80p of the act. 2. it appears that the assessee ..... are prohibited by law. the income derived by way of license fee from the members to whom the shops came to be allotted by the assessee was sought to be taxed by the income-tax officer. the contention of the assessee is that the said income is deductible from the gross total income by virtue of section 80p(2)(e) of the income-tax act, 1961 (hereinafter called 'the .....

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Mar 17 1985 (HC)

Commissioner of Income-tax, Gujarat-ii Vs. Mehta Transport Company

Court : Gujarat

Decided on : Mar-17-1985

Reported in : (1986)50CTR(Guj)242; [1986]160ITR35(Guj)

..... tribunal was right in law in holding that the tea expenses were not in the nature of the entertainment expenditure which could be disallowed under section 37(2b) of the income-tax act, 1961 ?' 5. so far as the second question is concerned, since we are concerned with the assessment year 1972-73, the position is concluded by the decision of this ..... which brought into existence advantage of an enduring benefit and, therefore, rightly disallowed by the income-tax officer. on a reference, the division bench found the approach of the tribunal was legally erroneous, and the question of the improvements, in the opinion of the division bench, ..... capital nature. the appellate assistant commissioner, however, accepted the claim of the assessee that they should be treated as revenue expenses. he, therefore, deleted the addition made by the income-tax officer. on appeal to the tribunal by the department, it was held that the expenses were of capital nature since they were entailed for effecting a complete change of structure ..... assistant commissioner, however, in respect of the entertainment expenses, restricted the disallowance to rs. 2,000 only. 4. the assessee, therefore, carried the matter in further appeal to the income-tax appellate tribunal. before the tribunal, it was urged on behalf of the assessee that after obtaining the office premises in amir building, the same were required to be renovated and .....

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Oct 18 1985 (HC)

Kaira District Co-operative Milk Producers' Union Ltd. Vs. Commissione ...

Court : Gujarat

Decided on : Oct-18-1985

Reported in : (1986)55CTR(Guj)208; [1986]162ITR496(Guj)

..... included in the computation of capital employed in those undertakings to compute the capital for purposes of relief under section 84 off the income-tax act, 1961, read with rule 19 of the income-tax rules ?' 10. relevant for the assessment year 1968-69 : '(8) whether the tribunal was right in law in holding ..... deducted under rule 19a(3) while computing the capital employed for the purposes of deduction under section 80j of the income-tax act, 1961 ?' 9. relevant for the assessment year 1966-67 only : '(6) whether, on the facts and in the circumstances of the case, ..... entitled to take into account the amount of such grant-in-aid in computing the capital employed for purposes of deduction under section 80j of the income-tax act (5) whether on the facts and in the circumstances of the case, the tribunal was right in holding that debts and liabilities should be ..... entitled to take into account the amount of such grant-in-aid in computing the capital employed for purposes of deduction under section 84 of the income-tax act (3) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that debts and liabilities should be ..... was right in holding that the assessee was not entitled to deduction for items wrongly capitalised in the earlier years under section 32(1)(iii) of the income-tax act, 1961 ?' 7. relevant for the assessment years 1966-67 and 1967-68 : '(2) whether, on the facts and in the circumstances of the .....

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Oct 23 1985 (HC)

Commissioner of Income-tax Vs. Shantilal Rugnathji Desai

Court : Gujarat

Decided on : Oct-23-1985

Reported in : [1987]163ITR245(Guj)

..... in holding that the conversion of proprietary business into partnership business by the assessee did not amount to a transfer within the meaning of section 34(3)(b) of the income-tax act, so as to warrant withdrawal of the development rebate allowed in the original assessment ?' 3. for reasons which we shall presently indicate, we are of the opinion, that the aforesaid ..... eight years from the end of the previous year in which it was acquired or installed, any allowance made under section 33 or under the corresponding provisions of the indian income-tax act, 1922 (11 of 1922), in respect of that ship, machinery or plant shall be deemed to have been wrongly made for the purposes of this ..... share in a rupee in the profit and loss thereof. in the assessment year 1972-73, the income-tax officer learned about the conversion of the proprietary business into a partnership one, whereupon he invoked section 34(3)(b) of the income-tax act, 1961 (hereinafter called 'the act'), which provides as under : '(b) if any ship, machinery or plant is sold or otherwise transferred by ..... section 33, the development rebate originally allowed shall be deemed to have been wrongly allowed and the income-tax officer may, notwithstanding anything contained in the act, recompute the total income of the assessee for the relevant previous year and make the necessary amendment. accordingly, the income-tax officer ordered withdrawal of the development rebate allowed earlier in view of section 34(3)(b) read with .....

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Sep 13 1985 (HC)

Navsari Waste Cotton Products Vs. Commissioner of Income-tax, Gujarat- ...

Court : Gujarat

Decided on : Sep-13-1985

Reported in : (1986)51CTR(Guj)252; [1987]163ITR378(Guj)

..... or a crossed bank draft contrary to sub-section (3) of section 40a of the income-tax act, 1961 (hereinafter called 'the act'), to messrs manubhai and company, bombay, towards the price of cotton waste purchased from that company. the income-tax officer for reasons stated in paragraphs 5(a) to 5(e) of his order ..... came to the conclusion that these payments fell within the mischief of sub-section (3) of section 40a of the act. on appeal, the appellate assistant commissioner confirmed the view of the income-tax officer so far as this question is concerned for reasons stated in paragraphs 4 to 6 of his order. the ..... matter was carried in appeal to the tribunal but in vain. thereupon the assessee sought reference under sub-section (1) of section 256 of the act on four questions ..... by a crossed bank draft in the cases and circumstances specified hereunder, namely : - ..... (j) in any other case, where the assessee satisfies the income-tax officer that the payment could not be made by a crossed cheque drawn on a bank or by a crossed bank draft - (1) due to exceptional or ..... b. k. mehta j., invoked this circular in favour of the assessee with reference to the assessment year 1970-71 and observed that when the income-tax officer passed the assessment order in question, the circular was not available and hence the cases which according to the board would stand covered under the .....

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Sep 13 1985 (HC)

Achalsinhji Keshrisinhji and Co. Vs. Commissioner of Income-tax, Gujar ...

Court : Gujarat

Decided on : Sep-13-1985

Reported in : [1986]157ITR537(Guj)

..... as not genuine. the other terms of the partnership are quoted earlier. the clause for debiting interest is not a material one in view of section 40(b) of the income-tax act, 1961. but in the absence of other evidence for holding that other material terms are not complied with, it cannot be held that non-contribution of capital by smt. manjulaben ..... partnership act, 1932. section 4 of the indian partnership act, 1932, defines 'partnership' as under : 'partnership' is the relation between persons who have agreed to ..... b.s. kapadia, j.1. the present reference is made by the tribunal under section 256(2) of the income-tax act, 1961. 2. the following questions are referred to us by the tribunal : ' (1) whether in law the fact that smt. manjulaben did not bring capital as stipulated is fatal to ..... partnership deed were only by way of pretence in order to escape the liability to tax. 7. with a view to appreciating the rival contentions, it would be necessary to see the definition of the term 'partnership' in the partnership act, as in section 2(23) of the income-tax act, 'firm', 'partner' and 'partnership' have the meanings respectively assigned to them in the indian .....

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Sep 16 1985 (HC)

Patel and Company Vs. Commissioner of Income-tax

Court : Gujarat

Decided on : Sep-16-1985

Reported in : [1986]161ITR568(Guj)

..... 58itr130(cal) was of no assistance to the revenue inasmuch as both the law and the procedure were since altered on the enactment of the income-tax act, 1961. 15. the bombay high court in cit v. hansa agencies : [1980]121itr147(bom) also took the view that merely because appealable orders are separately indicated in separate clauses of sub ..... a.m. ahmadi, j.1. the assessee is a partnership firm. it was registered under section 185 of the income-tax act, 1961 (hereinafter called 'the act'), prior to the assessment year in question. in the assessment year 1971-72, it made a declaration in form no. 12 for renewal ..... which the assessee-firm is liable to be assessed. it is clearly within the ambit of clause (c) of section 246 of the act.' 9. treating the effect of the income-tax officer's order refusing to condone the delay in the filing of the declaration in form no. 12 as a refusal to assess ..... assessment made under sub-section (3) of section 143 and clause (j) in so far as it related to the income-tax officer's order refusing renewal of registration. since neither the act nor the rules prohibit a single composite appeal, we think that the view taken by the tribunal cannot be sustained. for ..... can lie under clause (c) and the latter under clause (j) of sub-section (1) of section 246 of the act. it must be remembered that under both these clauses, the income-tax officer's order is appealable to the same authority, namely, the appellate assistant commissioner. it must also be borne in mind that .....

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Mar 04 1985 (HC)

Tribhovandas Vithaldas Vs. Commissioner of Income-tax

Court : Gujarat

Decided on : Mar-04-1985

Reported in : [1986]159ITR236(Guj)

..... (2) whether the tribunal has erred in not following correctly the general principle of hindu law relevant to the point at issue and that of the income-tax act as to the meaning or interpretation of income and the entity in whose hands assessable (3) whether the tribunal was justified in applying the supreme court's decision referred to in its order to ..... s.y. 2020, and there was a partition amongst the four members, namely, ramanlal, manherlal, rameshchandra and bai reva. this claim of partial partition was rejected by the income-tax officer. the income-tax officer noted that aforesaid manherlal, rameshchandra and bai reva became partners in s.y. 2020, corresponding to the assessment year l965-66 and the new firm carried on a ..... of the hindu undivided family were from her capital account which comprised, inter alia, insurance money. 7. the appellate assistant commissioner, on consideration of these evidence, disagreed with the income-tax officer and for the reasons stated in his order of january 31, 1973, accepted the explanation of the said two partners that the amounts which they had withdrawn from the ..... family which consisted of s/shri ramanlal, manherlal and rameshchandra, who are the sons of late tribhovandas, and bai reva who is the widow of said tribhovandas. according to the income-tax officer, shri natverlal tribhovandas was also a coparcener. the first accounting year 2020 corresponding to the assessment year 1965-66, comprised of a period commencing from october 18, 1963, .....

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