Gujarat Electricity Board v. Shantilal R.Desai

1 SCR 580Reported decision1969#18541 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2017 to 2022.

Judgments citing Gujarat Electricity Board v. Shantilal R.Desai

Principal Commissioner of Income Tax 5 Kolkata vs. Premier Tie Up Pvt Ltd

ITAT/81/2022HC Calcutta26 Sept 2022

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

For Respondent: Mr. Dhruba Ghosh, Adv
Section 34Section 36(1)Section 36(2)

…as and not mere suspicion of bias before the proceedings can be quashed on the ground that the person conducting the proceedings is disqualified by interest. See in this connectionGullapalli Nageswara Raov.State of Andhra Pradesh[AIR 1959 SC 1376 : (1960) 1 SCR 580] andMineral Development Ltd.v.State of Bihar[AIR 1960 SC 468 : (1960) 2 SCR 609] . Recently this Court in a slightly different context inRanjitThakurv.Union of India[(1987) 4 SCC 611 : 1988 SCC (L&S) 1 : AIR 1987 SC 2386 : (1987) 5 ATC 113] had occasion to consider the test of bias of the Judge. But there must be reasonableness of the apprehens…

The DCIT, Circle-1, Ahmedabad vs. Adani Agro Pvt. Ltd., Ahmedabad

The appeal is allowed with no order as to costs

ITA 557/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad31 May 2017AY 2008-09
Section 14Section 143(3)Section 14A

…& 2006-07 Page 11 of 14 “The fact that the right created by the operation of section 24(2) is a vested right cannot, in our opinion, be disputed. See in this connection the observations of this court in Gujarat Electricity Board Vs. Shantilal R.Desai (1969) 1 SCR 580, 587 and Isha Valimohamad Vs. Haji Gulam Mohamad & Haji Dada Trust (1975) 1 SCR 720, 723. Under the Income-tax Act of 1922, the assessee was entitled to carry forward the losses of the speculation business and set off such losses against profits made from that business in future years. The right of carrying forward and set off accrued to the assess…

The DCIT, Circle-1, Ahmedabad vs. Adani Agro Pvt. Ltd., Ahmedabad

The appeal is allowed with no order as to costs

ITA 1916/AHD/2012[2006-07]Status: DisposedITAT Ahmedabad31 May 2017AY 2006-07
Section 14Section 143(3)Section 14A

…& 2006-07 Page 11 of 14 “The fact that the right created by the operation of section 24(2) is a vested right cannot, in our opinion, be disputed. See in this connection the observations of this court in Gujarat Electricity Board Vs. Shantilal R.Desai (1969) 1 SCR 580, 587 and Isha Valimohamad Vs. Haji Gulam Mohamad & Haji Dada Trust (1975) 1 SCR 720, 723. Under the Income-tax Act of 1922, the assessee was entitled to carry forward the losses of the speculation business and set off such losses against profits made from that business in future years. The right of carrying forward and set off accrued to the assess…

Adani Agro Pvt. Ltd., Ahmedabad vs. The ACIT., Circle-1, Ahmedabad

The appeal is allowed with no order as to costs

ITA 182/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad31 May 2017AY 2008-09
Section 14Section 143(3)Section 14A

…& 2006-07 Page 11 of 14 “The fact that the right created by the operation of section 24(2) is a vested right cannot, in our opinion, be disputed. See in this connection the observations of this court in Gujarat Electricity Board Vs. Shantilal R.Desai (1969) 1 SCR 580, 587 and Isha Valimohamad Vs. Haji Gulam Mohamad & Haji Dada Trust (1975) 1 SCR 720, 723. Under the Income-tax Act of 1922, the assessee was entitled to carry forward the losses of the speculation business and set off such losses against profits made from that business in future years. The right of carrying forward and set off accrued to the assess…

Gujarat Electricity Board v. Shantilal R.Desai (1 SCR 580) — Cited in 4 Judgments | BharatTax