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Judgment Search Results Home > Cases Phrase: income tax act Court: guwahati Page 1 of about 1,379 results (0.033 seconds)

Mar 16 2000 (HC)

Eveready Industries India Ltd. Vs. Joint Commissioner of Income-tax (A ...

Court : Guwahati

..... -disclosure as regards any fact which could have a material bearing on the question of underassessment, that would be sufficient to give jurisdiction to the income-tax officer to issue notice under section 34 of the indian income-tax act, 1922, and whether these grounds are adequate or not, is not a matter for the court to investigate. he also cited the decision of this ..... the materials disclosed by the assessee. he cited the decision of the supreme court in kalyanji mavji and co. v. cit : [1976]102itr287(sc) , in which the supreme court while interpreting section 34 of the indian income-tax act, 1922, held that the income-tax officer would have jurisdiction to reopen the original assessment even on the basis of information derived from an external source of ..... . this position of law would be clear from a bare reading of section 147 and the proviso thereto. he explained that similar provisions existed in section 34 of the indian income-tax act, 1922, and in calcutta discount co. ltd. v. ito : [1961]41itr191(sc) , the supreme court held that to confer jurisdiction under section 34 of the indian ..... income-tax act, 1922,'to issue notice in respect of the assessment beyond the period of four years, but within a period of eight years, from the end of the relevant assessment year, .....

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Aug 23 1996 (HC)

Commissioner of Income-tax Vs. George Williamson (Assam) Ltd.

Court : Guwahati

..... , 1994, in civil rule no. 34(m) of 1992, the following questions have been referred by the income-tax appellate tribunal, gauhati bench, guwahati, under section 256(2) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : ' (1) whether the tribunal did not err in facts as well ..... relying on the decision of the apex court in kusumben d. mahadevia v. cit : [1960]39itr540(sc) , mr. joshi draws our attention to page 544 where the apex court observed thus : 'section 66 of the income-tax act which confers jurisdiction upon the high court only permits a reference of a question of ..... officer the assessee claimed deduction towards expenses made for maintenance of the agency and this matter was taken up suo motu by the commissioner of income-tax who reversed it. the matter came up before the tribunal also. the tribunal was to consider whether the expenses made for the maintenance of ..... by mr. joshi. he also submits that as per the decision of this court in income-tax reference no. 29 of 1993 (cit v. assam frontier tea ltd. ), clause (ix) of section 35b(1)(b) of the act is not attracted in the facts and circumstances of the case. but mr. gogoi argues ..... 859 towards cost of maintaining warehouses outside india. the assessing officer allowed the deduction. by exercising power of revision suo motu, the commissioner of income-tax reversed the decision of the assessing officer allowing deduction of l/3rd of rs. 97,59,385, the amount spent for maintaining warehouses outside india .....

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Apr 01 1999 (HC)

B.R. Metal Ltd. and ors. Vs. Commissioner of Income-tax and ors.

Court : Guwahati

..... . this writ petition has been filed by the petitioners for setting aside/quashing the warrant of authorisation dated september 17, 1998, under section 132a(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), including the panchanama prepared by the respondent-revenue authority and also for a direction to release rs. 50,00,000 (rupees fifty lakhs) and other documents requisitioned ..... any other law for the time being in force, or ... (c) any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer ..... summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books ..... has not been or would not have been disclosed for the purpose of the income-tax act, 1961, and that on the basis of this, the commissioner of income-tax, guwahati has directed to issue warrants under section 132a(1) of the act to requisition the said amount from the officer-in-charge of the police station. mr, joshi in support of his submission relied on .....

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Aug 01 1997 (HC)

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... to be surrendered to the government on the expiry of his licence.5. the income-tax act, 1961, was amended with effect from april 1, 1989, by inserting sections 44ac and 206c in the income-tax act. the methodology was introduced for collecting income-tax at source under section 206c of the income-tax act in respect of profits and gains from the business of trading in alcoholic liquor, ..... ., because of non-receipt of direction from your end. in fact, no such direction is required as the deduction is required to be made statutorily under the provisions of the income-tax act, 1961. however, two letters were addressed by the superintendent of excise and deputy commissioner of sibsagar as on february 24, 1994 and march 5, 1994, respectively (copies of ..... a letter dated december 6, 1994, addressed to the respective deputy commissioners/sub-divisional officers, the under secretary to the government, excise department, issued directions for collection of-income-tax at source under the provisions of the income-tax act from the lessee of country spirit shops on the profit of alcoholic liquor other than indian made foreign liquor under section 206c of the ..... of law and, therefore, these petitions are taken up together for disposal.2. the subject-matter involved here is related to the levy and collection of tax at source under section 206 of the income-tax act in respect of profits and gains of trading in alcoholic liquor. the facts and the legal issues set forth in civil rule no. 1423 of 1995 .....

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Dec 10 1999 (HC)

B and a Plantations and Industries Ltd. (Formerly Barasali Tea Co. Pvt ...

Court : Guwahati

..... the tribunal that the order of assessment was passed only on march 30, 1988, and not beyond the normal period of limitation prescribed under section 153(l)(a) of the income-tax act is based on any evidence and/or material on record relevant to the assessment order passed in the case of the assessee and/or is perverse and unsustainable in law ..... can fix a notional interest as due, or collected by the assessee. our attention has not been invited to any provision of the income-tax act empowering the income-tax authorities to include in the income, interest which was not due or not collected. in this view, we answer question no. (ii) in the negative, that is, in favour of the assessee and against the revenue ..... passed on march 28, 1988, by the assessing officer inthe assessment records reversing the decision of the commissioner of income-tax (appeals) holding that the said order of assessment was passed beyond the normal period of limitation prescribed under section 153(1) of the income-tax act, expiring on march 31, 1988 2. whether, on the facts and in the circumstances of the case, the ..... p.g. agarwal, j. 1. in this case, the following seven references were made under section 256(2) of the income-tax act, 1961 (for short 'the act'): '1. whether, on the facts and in the circumstances of the case and on the materials on record the tribunal was justified in law in holding that the order of .....

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Mar 01 1974 (HC)

Bhadarmal Hazarimal Vs. Income-tax Officer, a Ward

Court : Guwahati

..... the supreme court as quoted hereinabove, we are clearly of opinion that in the instant case the authority has jurisdiction to issue the impugned notice under section 148 of the income-tax act. in the result, we find that this petition has no merits. 19. the petition is accordingly rejected. the rule is discharged. we, however, make no order as to ..... article 226 of the constitution of india the petitioner has challenged the notice under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the 1961 act'), issued by the income-tax officer, ' a ' ward, jorhat, to the petitioner-firm. the petitioner submitted its return of income for the assessment year 1958-59, corresponding to the accounting year r. n. 2014, along with ..... for the assessment year 1958-59 were completed by the income-tax officer, jorhat, under section 23(5)(a) of the indian income-tax act, 1922, on october 30, 1958. the income-tax officer estimated the income of the-petitioner-firm at rs. 22,863. the partners of the firm paid tax separately on the share of income of the firm. 2. the petitioner-firm thereafter received ..... fully and truly all material facts necessary for its assessment for the assessment year in question, income chargeable to tax had escaped assessment for that year.12. in calcutta discount co. ltd. v. income-tax officer : [1961]41itr191(sc) while considering section 34(1)(a) of the indian income-tax act, 1922, the supreme court has observed as follows: ' before we proceed to consider the .....

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Jul 07 1993 (HC)

Tarajan Tea Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... valid in law and on facts ? 2. whether, under the facts and in the circumstances of the case, the order dated march 19, 1979, passed by the income-tax officer under the provisions of the income-tax act, 1961, was not an order of assessment and the said order was only a draft order of assessment ? 3. whether, under the facts and in the circumstances ..... spontaneous growth was concerned ? (b) erroneous in so far as it is prejudicial to the interests of the revenue within the meaning of section 263 of the income-tax act, 1961. on account of non-inclusion of income attributable to the sale of trees of spontaneous growth 6. whether, under the facts and in the circumstances of the case, the order under appeal, directing ..... section 45 to be the subject of the charge. this inference flows from the general arrangement of the provisions in the income-tax act, where under each head of income the charging provision is accompanied by a set of provisions for computing the income subject to that charge. the character of the computation provisions in each case bears a relationship to the nature of the ..... giving effect to the directions issued by the inspecting assistant commissioner under section 144b of the act was an order of the income-tax officer or of the inspecting assistantcommissioner and whether the provisions of section 263 of the income-tax act are attracted to this non-inclusion of the aforesaid income in the said order dated september 11, 1979 ? 4. whether, under the facts and in .....

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Apr 03 1991 (HC)

Commissioner of Income-tax Vs. Premchand JaIn (Legal Representative of ...

Court : Guwahati

..... to the provisions of section 147(a), it was held (p. 427) : 'the principle in such cases is culled from the words in clause (a) of section 147 of the income-tax act. the words are whether the assessee disclosed 'fully and truly all material facts necessary for assessment'. once the assessee does that, what inferences are to be drawn is in the ..... court for opinion ; 'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the reassessment proceedings under section 147(a) of the income-tax act, 1961, for the assessment years 1958-59 and 1959-60 were not valid in law ?' 2. the assessee is an individual. the years involved are assessment years 1958-59 and ..... officer was satisfied with the genuineness of the transaction at the time of the original assessment, it does not lie in the power of the subsequent income-tax officer to initiate action under section 147 of the income-tax act.' 8. in view of the aforesaid observation, the orders of reassessment for both the assessment years were cancelled by the tribunal and the order of ..... 1959-60. the original assessment for the assessment year 1958-59 was made by the income-tax officer on an income of rs. 5,301 by order of assessment dated april 10, 1961. subsequently, the income-tax officer initiated proceedings for reassessment under section 147 of the income-tax act by issue of a notice under section 148 to the legal representative of the assessee (as .....

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May 31 1996 (HC)

J.D. Enterprises Vs. Commissioner of Income-tax

Court : Guwahati

..... in holding that form no, 11 filed along with the deed was defective. as there was no defect, the question of rectification under the provisions of section 185 of the income-tax act does not arise. however, we feel that in an appropriate case such defects can be cured.18. in view of the above, questions nos. 1 and 2 are answered in ..... contentions of the parties, it will be apposite to examine the deed of partnership and also to look to some of the relevant provisions of the indian partnership act as well as the income-tax act. we find the deed of partnership at pages 36 to 39 of the paper book. in the said deed, it has been recited as under : 'be it noted ..... that the form no. 11 filed along with the deed was defective and if so whether the said defect is rectifiable under the provisions of section 185(2) of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in reversing the order of the appellate assistant commissioner granting registration ..... this court by a judgment and order, dated august 2, 1988, passed in civil rule no. 3(m) of 1986 under section 256(2) of the income-tax act, 1961, the following twoquestions have been referred by the income-tax appellate tribunal for theopinion of this court : '1. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding .....

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Jul 04 1977 (HC)

Commissioner of Income-tax Vs. Shyam Sundar Tea Co. Pvt. Ltd.

Court : Guwahati

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in cancelling the penalties imposed by the income-tax officer under section 221(1) of the income-tax act, 1961, relating to the assessment years 1960-61, 1961-62, 1962-63, 1963-64, 1964-65 and 1965-66, against the assessee ..... -64, 1964-65 and 1965-66, in the view that amounts, as assessed, were not recoverable under the provisions of the indian income-tax act, but that they could be recovered only by a suit in civil court; as such no penalty can be imposed either under section 46(7) of ..... not paid to the government account because there was no demand for payment from the income-tax department. the above excuse is thoroughly unconvincing and unacceptable. section 200 of the income-tax act, 1961, casts responsibility on any person deducting tax at source to pay within the prescribed time, the sum so deducted, to the ..... rangarajan, j. 1. the short, but interesting, question that arises for decision in this income-tax reference is whether income-tax due from the assessee which could not be recovered summarily under section 231 of the income-tax act, 1961 (hereinafter called 'the act '), can be recovered by way of penalty. the reference was made ia the following terms : ' ..... for the year 1941-42, was resisted on the ground that it was barred by section 67 of the indian income-tax act, 1922, as well as by limitation. the trial court had negatived both the contentions and decreed the suit. the decision .....

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