Gujarat High Court

VVF Ltd. Versus Union of India (Gujarat High Court)

VVF Ltd. & 1 Vs Union of India & 1 (Gujarat High Court)

The petitioners ‘Kutch Chamber of Commerce and Industry, a Voluntary Association of Industrial Units, and other Industrial Units operating in the Kutch District of State of Gujarat, have challenged the Notifications issued by respondent No. 1 bearing No. 16/2008-C.E dated 27.3.2008 as well as Notification No. 33/2008-C.E dated 10.6.2008...

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Section 55A of the Income-tax Act, 1961 related Capital gains and Reference to Valuation Officer

Hiaben Jayantilal Shah Vs Income-tax officer (High Court of Gujarat)

In the instant case, the assessee had claimed the value of property as per the registered valuer's report. Therefore, under clause (a) of section 55A, the Assessing Officer was required to form an opinion that the value claimed by the assessee as per the registered valuer's report was less than the fair market value. The estimated value p...

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State Govt. Undertakings do not need COD clearance

Gujarat Mineral Development Corp Vs. ITAT (Gujarat High Court)

Cross appeals filed by the assessee, a State Govt. undertaking, and the department were dismissed by the Tribunal on the ground that the parties had not obtained the approval of the Committee on Disputes (“COD”). The assessee as well as the department challenged the decision of the Tribunal. HELD, reversing the decision of the Tribuna...

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Constitutional validity of section 254HA

Comed Laboratories Limited & Ors. Vs Union Of India & Ors.(Gujarat High Court at Ahmedabad)

Writ petitions were filed challenging the constitutional validity of the provisions of Section 245HA of the Income Tax Act, 1961 under which the petitioners’ applications before the Settlement Commission are to be treated as having abated on account of failure of the Settlement Commission to pass orders under Section 245D(4) of the Act ...

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Immunity from penalty as provided under Explanation 5 to Section 271(1)(c) despite non disclosure of manner in which income is derived

Commissioner Of Income Tax Vs Mahendra C. Shah (Gujarat High Court)

In the present case, admittedly the Assessment Year being 1988-89 and the search having taken place on 03.07.1987 the return of income was not due before 31.07.1988. Therefore, whether the income represented by the value of the asset was shown in the return of income or not became irrelevant once a declaration had been made about such inc...

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Gujarat HC Grant Relief on New Return Forms

All Gujarat Federation of Tax Consultant Vs. Union of India (Gujarat High Court)

the Court direct the department to accept the return Forms which are submitted by the taxpayers, sub­ject to a genuine difficulty. After acceptance of those return Forms, on scrutiny if it is found by the concerned officer that there is no genuine difficulty on the part of the taxpayer in giving the details required in various columns, t...

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Interest ordered for delayed refund – action recommended against officers concerned

Gujarat Flourochemicals Ltd. Vs Commissioner Of Income Tax And Ors. (Gujarat High Court)

For the foregoing reasons, the petition succeeds. The three orders namely; (1) the order dated October 6, 1992 passed by the Commissioner of Income Tax, Baroda, declining to accept the claim of the petitioner for interest on refund on the ground that it is not admissible under Sections 243(1)(b), 244(1A) and 214(2) of the Act, ...

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Contravention of s. 11(5) have no bearing on renewal U/s. 80G(5)

Orpat Charitable Trust Vs Commissioner Of Income-Tax (Gujarat High Court)

Even if the ground about contravention of the provisions of Section 11(5) of the Act is validly taken by the respondent, the same would have a bearing only at the point of time of the assessment of the petitioner-trust and would not be a material consideration in so far as granting of approval under Section 80G(5) of the Act is concerned....

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Estate of Ambalal Sarabhai vs CIT (Gujarat High Court)

Estate Of Ambalal Sarabhai Vs Commissioner Of Income-Tax (Gujarat High Court)

The Tribunal, Ahmedabad Bench, has referred the following questions in respect of the asst. yrs. 1972-73 and 1973-74 for the consideration of the High Court under s. 256(1) of the IT Act, from the Tribunal's order dt. 18th August 1981, and 20th August 1983, the later being question on the ground which was raised but through oversight not ...

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Gujarat Gas Ltd vs. JCIT (2000) – Gujarat High Court- 245 ITR 84

Gujarat Gas Co. Ltd. Vs Commissioner Of Income Tax (Gujarat High Court)

In our opinion, the view which we are taking is also fortified by the proviso to s. 119 of the Act which specifically provides that the Board cannot issue instructions to the IT authority to make a particular assessment or to dispose of a particular case in a particular manner as well as not to interfere with the discretion of the CIT(A) ...

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Sales amount by itself cannot represent income of assessee who has not disclosed sales

CIT Vs President Industries (Gujarat High Court)

It cannot be a matter of an argument that the amount of sales by itself cannot represent the income of the assessee who has not disclosed the sales. The sales only represented the price received by the seller of the goods for the acquisition of which it has already incurred the cost. It is the realisation of excess over the cost incurred ...

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Depreciation can be allowed only if Assessee claimed & Furnished details in ROI

Commissioner Of Income-Tax Vs Arun Textile (Gujarat High Court)

Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that two courses were open to the assessee, one being to claim depreciation and the other being forgo the depreciation and any course which is beneficial to the assessee could be adopted and the incidence of tax can be...

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CIT vs M.K. Brothers (Gujarat High Court), (1987) 163 ITR 249

Commissioner Of Income-Tax Vs M.K. Brothers (Gujarat High Court)

CIT Vs. M.K. Brothers (163 ITR 249) sales-tax authorities had carried on certain investigations which revealed that a racket of issuing bogus vouchers by the said parties was prevailing in the market. The Income-tax Officer also learnt from local inquiries that the parties were not available at the addresses given....

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Year of Cost Inflation Index in case of Assets Received Under Gift

B.N. Vyas Vs Commissioner Of Income-Tax (Gujarat High Court)

ASSETS RECEIVED UNDER GIFT - Where A acquired agricultural lands in 1961, and after converting them into non-agricultural use in 1962 gifted the lands to B in 1966, and later B sold them, the cost of acquisition under section 49(1)(ii) would be the amount originally paid by A, and not the value on the date of conversion or on the date of ...

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Unpaid price cannot be said to be a loan advanced

Commissioner Of Income-Tax Vs Saurashtra Cement & Chemical (Gujarat High Court)

Amount of the unpaid price cannot be said to be a loan advanced by the non-resident company to the assessee-company nor can be the non-resident company be said to be a lender to the assesse-company so far as that amount was concerned. Since the non-resident company cannot be said to have lent the amount of the unpaid purchase price to the...

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SC judgment with retrospective effect can be a valid ground for condonation of delay in appeal filing

Karamchand Premchand Pvt. Ltd. Vs Commissioner of Income-Tax (Gujarat High Court)

In this case the challenge before the Court was to an order dated 29.1.1970 passed by the Commissioner of Income Tax who had dismissed the petitioner's Revision Application filed under Section 33A and Section 264(1) of the Act on the ground of limitation. The issue pertaied to the Assessment Year 1961-62, 1962-63, 1963-64, for which perio...

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November 2020