TMI Blog2018 (10) TMI 1192X X X X Extracts X X X X X X X X Extracts X X X X ..... GUJARAT HIGH COURT] - Revenue drew our attention to certain legislative changes, which took place in the said Act and that Clause (xii) of Sub-Section (1) of Section 5 stood deleted with effect from 01.04.1993 by virtue of Act 18 of 1992. Held that:- The assessee appeared on caveat and consented to final disposal of the Tax Appeals at this very stage. He candidly agreed to the contentions rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /TAX APPEAL NO. 553 of 2018 With R/TAX APPEAL NO. 560 of 2018 With R/TAX APPEAL NO. 567 of 2018 With R/TAX APPEAL NO. 570 of 2018 With R/TAX APPEAL NO. 571 of 2018 - - - Dated:- 22-10-2018 - MR AKIL KURESHI AND MR UMESH TRIVEDI, JJ. For The Appellant : MR.VARUN K.PATEL(3802) For The Respondent : MR MANISH J SHAH (1320) ORAL ORDER ( PER : HONOURABLE MR.JUSTICE A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following background. The respondent assessee represents the estate of late Smt. Maharani Shantadevi Gaekwad, who belong to the erstwhile royal family of the State of Baroda. The assessee owned a horse chariot known as Buggy. This Buggy was made specially for the use of ceremonial occasions. It has extensive art work. The Buggy had substantial gold contents. According to the assessee, Buggy was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n.com 460 (Gujarat) . The Court held that once it was held that the article would fall under Clause (xii) of Sub- Section (1 )of Section 5 of the Act merely because incidentally it also falls under Clause (viii) would not destroy its very essence of being an article of work of art. 5. Learned advocate for the appellant Revenue drew our attention to certain legislative changes, which took p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessment Year 1972-73 when Clause (xii) of Sub-Section (1) of Section 5 of the Act was still in force. As noted with effect from 01.04.1993, this Section came to be dropped. We are concerned with the Assessment Year 2004-05 and onwards. 7. In the result, the impugned common judgment of the Tribunal rendered in favour of assessee in the Cross Appeals for the respective Assessment Years is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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