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Judgment Search Results Home > Cases Phrase: income tax act Court: guwahati Year: 1985 Page 1 of about 7 results (0.063 seconds)

Jun 14 1985 (HC)

Banamali Tea Estate Vs. State of Assam and ors.

Court : Guwahati

Decided on : Jun-14-1985

..... provisions of rule 11(2)(b)(i) to (ix) and the proviso thereto are illegal, void and ultra vires section 19 of the assam agricultural income-tax act, 1939 (for short 'the act'). the second contention is that the levy of interest beyond the date of submission of the return by the petitioner on february 24, 1972, is illegal ..... marked annexures a and b are invalid to the extent of the levy of interest beyond 6 per cent. purported to have been made by the agricultural income-tax officer acting under void and invalid rule 11(2)(b)(i) to (ix) of the rules.5. the second contention of the petitioner also must be accepted on ..... to pay interest if he fails to comply with the terms of section 19 of the act. such a defaulter is liable to pay interest at the rate of 6 per cent. per annum on the amount of agricultural income-tax with effect from the 1st day of january to the date of filing of the return ..... section 19 within 31st december and applies for extension of time as per provisions of the act, he shall be liable to pay simple interest at six per centum per annum on the amount of agricultural income-tax due as per return with effect from the first day of january up to the date of filing the ..... finally assessed '.7. it is thus seen that under section 19(1) of the act, returns must be filed before the 31st december of the relevant financial year. where the time-limit is extended by the agricultural income-tax officer, an assessee has to pay simple interest at the rate of 6 per cent. per annum from .....

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May 20 1985 (HC)

Rameswar Goenka Vs. Income-tax Officer and ors.

Court : Guwahati

Decided on : May-20-1985

..... petitioner, a resident of police bazar, shillong, impugns the notice demanding interest of rs. 3,972 levied under section 139 of the income-tax act, 1961, shortly 'the act', for delayed filing of return. during the assessment year 1962-63, he had income from two firms, namely, m/s. ganeshdas sreeram and m/s. a.v. morello & co., both having their head offices at shillong ..... , the income-tax officer, a-ward, shillong, made final assessment under section 143(3)/154 of the act and found his total income at rs. 91,451 computed as follows :rs.(1)share of profit from m/s. ganeshdas sreeram : (a)business80,291(b ..... is provided under sub-clause (a) of clause (in) to the proviso of sub-section (1) of section 139 of the act, that a registered firm shall be treated as an unregistered firm, and it gives power to the income-tax officer to charge interest on the firm alone and since the above provision requires every registered firm to be treated as an ..... learned counsel for the petitioner, makes two submissions, namely : (i) that under section 139 of the act, the income-tax officer is given power to charge interest on the amount of tax only when there is an application praying for extension of time for filing the ' return of income' and on the application so made an order has been passed extending the time. as in .....

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Nov 19 1985 (HC)

Shri Altafur Rahman Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Nov-19-1985

..... on nagendra. nath bora v. commissioner, hills division, assam, air 1958 sc 398. it has been further held that the discretionary power under section 45 of the indian income-tax act, 1922, conferred on the income-tax officer to treat the assessee 'as not being in default' is a public duty and it would be a non-exercise of the discretion if the officer has ..... constitution of india. in m.l.m. mahalingam chettiar v. third ito : [1967]66itr287(mad) , the madras high court hasheld that the discretion vested in the income-tax officer under section 220(6) of the income-tax act, 1961, to treat the assessee 'as not being in default' is not merely a naked and arbitrary power but a power coupled with responsibility and the concerned ..... . ito : [1956]30itr252(ap) , the andhra pradesh high court through subba rao c.j., as he then was, has held that the discretionary power under section 45 of the indian income-tax act, 1922, is coupled with a duty to exercise it and if he does not exercise it or exercises it in a perfunctory manner, he can be compelled to perform his ..... jagannath . in yusuf jan sahib v. addl. ito : [1961]42itr637(ker) , while interpreting section 45 of the indian income-tax act, 1922, the high court held, that failure to exercise in a proper manner the discretion vested in the income-tax officer under section 45 of the income-tax act not to treat the assessee ' as being in default' can be successfully challenged under article 226 of the .....

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Nov 15 1985 (TRI)

inspecting Assistant Vs. Dhansiram Agarwalla

Court : Income Tax Appellate Tribunal ITAT Guwahati

Decided on : Nov-15-1985

Reported in : (1986)16ITD100(Gau.)

..... against the order of the commissioner (appeals) by which he has cancelled the reassessment made by the ito under section 144/147(a) of the income-tax act, 1961 ('the act') and thereby deleted the addition of rs. 5,04,127.the relief claimed by the revenue is that the order of the commissioner (appeals) may ..... officer could have made further enquiries, but did not do so, did not take the case out of section 34(l)(a) of the indian income-tax act, 1922 as the assessee had failed to place truly and fully all the material facts before the officer. the hon'ble supreme court further observed that ..... any reason to believe that by omission or failure of the assessee to disclose fully and truly, all material facts necessary for assessment, the income chargeable to tax had escaped assessment. it was contended that the points noted in the reassessment order were already on the file of the ito at the time ..... is urged, therefore, that since there was no failure on the part of the assessee to disclose the material facts and since there was no escapement of income, action under section 147(a) was properly cancelled by the commissioner (appeals) whose order may be sustained.14. we have heard both the sides at ..... concluded that in the absence of any explanation by the assessee to the contrary, the difference of rs. 5,04,127 was to be treated as undisclosed income for the year, which was added back.6. the assessee took up the matter before the commissioner (appeals) and submitted his argument in writing. the .....

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Jul 15 1985 (HC)

Deputy Commissioner, Kamrup Vs. Sansita Kaibarta and ors., Etc.

Court : Guwahati

Decided on : Jul-15-1985

..... supreme court in firm madanlal roshanlal v. hukumchand mills, air 1967 sc 1030 am m/s t. n. k. govindaraju chetty v. commr. of income-tax, air 1968 sc 129. in dy. commr. v. mamat kaiborta, air 1984 gau 25, a division bench of this court has held that the ..... , decided on 14-12-1982 (reported in 1983 (2) gau lr noc 10) a division bench of this court has held that the arbitrator, acting under 'the act' and 'the rules', has power and jurisdiction to award interest. the view finds support in province of bengal v. pawn kessen law, 54 cal wn ..... thepresent acquisition proceedings.notwithstanding proof of exts. 4 and 5 nomaterial was produced by the collector toshow why the awards of the collector shouldnot be acted upon. there is no evidence toshow that the present acquired lands had anydeficiency or shortfall to award lessercompensation. on the basis of the materialsthe ..... reference. as no agreement could be reached, the government appointed the district judge, gauhati as arbitrator to determine compensation under the provisions of 'the act'. as many as six issues were framed by the arbitrator. the first issue is whether the payment of compensation made by the collector was the ..... the deputy commissioner, kamrup, against the award made by the district judge-cum-arbitrator, gauhati, appointed under the requisitioning and acquisition of immovable property act, 1952 for short 'the act', in misc. (arb.) cases nos. 95 - 123 of 1971. 3. the relevant facts are as follows : lands owned by the respondents .....

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Nov 22 1985 (HC)

Bhagabat Kundu Vs. Debidutta Agarwalla and anr.

Court : Guwahati

Decided on : Nov-22-1985

..... 520, international railway co. v. niagara parks commission air 1941 pc 114; [1941] ac 328, madanlal roshanlal (firm) v. hukumchand mills ltd. : [1967]1scr105 , t. n. k. govindarajuln chetty v. cit : [1967]66itr465(sc) and laxmichand v. indore improvement trust : [1975]3scr686 . on the authority of bishan devi : [1980]1scr300 , alone we hold that the claimant is entitled to interest. the ..... indemnifies against liability on account of injuries to the person or property of another. the certificate of insurance clearly shows that it was liability insurance under chapter viii of the act. therefore, by the policy, the insurer was liable to indemnify the insured against liability of injuries or death of a third person up to the, limit set out in section ..... following limits, namely :-- (a) where the vehicle is a goods vehicle, a limit oj fifty thousand rupees in all, including the liabilities, if any, arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle.' 8 ..... policy of insurance also shows that it is a 'goods vehicle'. smt. bhagabani died in ghastly and appalling circumstances. her husband, as claimant, instituted a case claiming compensation under the act against the owner-appellant, and the ' insurer ' respondent no. 2. notices of the claim were served on the parties including the insurance company. no objection was filed by respondent no .....

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Aug 29 1985 (TRI)

Wealth-tax Officer Vs. R.K. Bhattacharjee

Court : Income Tax Appellate Tribunal ITAT Guwahati

Decided on : Aug-29-1985

Reported in : (1986)15ITD503(Gau.)

..... . 'net wealth' is defined in section 2(m) of the act and it means the amount by which the aggregate value of all the assets belonging to ..... be an asset belonging to him. in this view of the matter, the amount in question cannot be included in his net wealth and cannot be brought to tax.12. in view of what has been said above, we maintain the consolidated order of the aac on the point.13. in the result, all the ..... owes to the state government as under the decree of the high court the amount received by him is refundable to the state government. liability to wealth-tax arises out of the ownership of the asset and not otherwise. mere possession unaccompanied by the right of ownership of property would not bring the property within ..... the assessment year 1973-74, the wto allowed expenses of rs. 10,000 out of the sum of rs. 1,07,148 and, therefore, brought to wealth-tax the balance interest amount of rs. 97,148.5. for the assessment year 1974-75, the wto took the view that the interest amount was not includible in ..... kind may be transferred except as otherwise provided by this act or any other law for the time being in force. this goes to show that a mere right to sue cannot be regarded as a property. now, under section 3 of the wealth-tax act, 1957 ('the act'), wealth-tax is chargeable in respect of net wealth of the assessee .....

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