COMMISSIONER OF INCOME TAX V. GUJARAT STATE ROAD TRANSPORT CORPORATION

ITR/22/1983

AI Insights

The case involved the Gujarat State Road Transport Corporation (respondent-assessee) contesting for an exemption under Section 4(3)(i) of the Income-tax Act, 1922, which corresponds to Sections 11 & 12 of the Income-tax Act, 1961. The exemption was initially granted by the lower authorities based on a decision from the Andhra Pradesh High Court, which was later confirmed by the Supreme Court. The Commissioner of Income Tax challenged this exemption, leading to the references in the Gujarat High Court. However, the High Court upheld the exemption, aligning with the Supreme Court's decision.

• Counselvise Citation: [1996] 140 COUNSELVISE.COM (IT) 736103 (HC-GUJARAT)
• Appeal Type: Others
• Pronouncement Date: 16-08-1996
• Assessment Year: misc
• Other Referred Cases: A.P. High Court reported in 100 ITR 392, Supreme Court reported in 159 ITR 1
• Laws Referred To: Income-tax Act, 1922, I.T.Act. 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: H M TALATI
• Assessee Lawyers: PK JANI; MIHIR THAKORE
• Keywords: Exemption; Income Tax; Gujarat State Road Transport Corporation; Sec.4(3)(i); Sections 11 & 12
• Section: 11; 12; 4(3)(i)

Judgement Text

" IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 22 of 1983 For Approval and Signature: Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION -------------------------------------------------------------- Appearance: MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Sections 11 & 12 of the I.T.Act. 1961. The authorities below had accepted the contention of the assessee on the basis of a decision of A.P. High Court reported in 100 ITR 392. This decision has now been confirmed by the Honourable Supreme Court. It is reported in 159 ITR 1. The controversy therefore is now concluded by the pronouncement of the Apex Court. The Reference will have to be negatived as the aforesaid controversy is already decided in favour of the assessee. In other words, the Assessee is entitled to exemption. The Reference is disposed of accordingly. ***** IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No 74 of 1983 For Approval and Signature: Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION ------------------------------------------------------------- MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Sections 11 & 12 of the I.T.Act. 1961. The authorities below had accepted the contention of the assessee on the basis of a decision of A.P. High Court reported in 100 ITR 392. This decision has now been confirmed by the Honourable Supreme Court. It is reported in 159 ITR 1. The controversy therefore is now concluded by the pronouncement of the Apex Court. The Reference will have to be negatived as the aforesaid controversy is already decided in favour of the assessee. In other words, the Assessee is entitled to exemption. The Reference is disposed of accordingly. ***** IN THE HIGH COURT OF GUJARAT AT AHMEDABAD INCOME TAX REFERENCE No104 of 1983 For Approval and Signature: Hon'ble MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT ============================================================ COMMISSIONER OF INCOME TAX Versus GUJARAT STATE ROAD TRANSPORT CORPORATION ------------------------------------------------------------- MR. P.K.JANI WITH MR MIHIR J.THAKORE for the Petitioner MR HM TALATI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE N.J.PANDYA and MR.JUSTICE S.D.PANDIT Date of decision: 16/08/96 ORAL JUDGEMENT(N.J.Pandya,J.) The dispute related to granting of exemption to the respondent-assessee (Gujarat State Road Transport Corporation. Exemption was claimed on the basis of Sec.4(3)(i) of the Income-tax Act, 1922 corresponding to Sections 11 & 12 of the I.T.Act. 1961. The authorities below had accepted the contention of the assessee on the basis of a decision of A.P. High Court reported in 100 ITR 392. This decision has now been confirmed by the Honourable Supreme Court. It is reported in 159 ITR 1. The controversy therefore is now concluded by the pronouncement of the Apex Court. The Reference will have to be negatived as the aforesaid controversy is already decided in favour of the assessee. In other words, the Assessee is entitled to exemption. The Reference is disposed of accordingly. ***** "