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Judgment Search Results Home > Cases Phrase: income tax act Court: guwahati Year: 1988 Page 1 of about 34 results (0.023 seconds)

Jun 16 1988 (HC)

Surendra Prasad Singh and ors. Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Jun-16-1988

..... against the assessee with the above qualification.9. the next question is regarding levy of penalty under sections 271(1)(a) and 273 of the income-tax act. the order of the additional commissioner of income-tax shows that the income-tax officer has not initiated penalty proceedings under sections 271(1 )(a) and 273 and, therefore, assessments are held vitiated. we experience no hesitation in not ..... non-charging of interest leviable under section 139 for the assessment years 1964-65, 1965-66, 1967-68 and 1968-69 as also of interest under section 217 of the income-tax act, 1961, for all the seven assessment years. all the assessments are, therefore, set aside with a direction that penalty proceedings should be initiated as directed in respect of the relevant ..... income-tax under section 263 of the income-tax act, 1961, to the extent of charging of interest under section 139 and section 217 of the income-tax act, 1961, relating to the assessment years involved in the various appeals ? (2) whether, on the facts and in the ..... cases. therefore, we propose to dispose of all the cases in one order.a. the following two questions have been referred under sub-section (1) of section 256 of the income-tax act, 1961 : '(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in law in upholding the orders of the additional commissioner of .....

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Aug 18 1988 (HC)

Commissioner of Wealth-tax Vs. N.R. Sirkar

Court : Guwahati

Decided on : Aug-18-1988

..... case, what are the constraints were stated as limitations. there should be finality and certainty in revenue proceedings, it was emphasised, like all litigations including litigation arising out of the income-tax act. a decision on a question cannot be reopened unless that decision is arbitrary or perverse. if no fresh facts are there, the earlier decision should be followed. finally, it was ..... 1964-65, the loan paid to the spouse in the relevant period was not accepted in view of the tribunal's order no. 4610 (gau) of 1971-72 under the income-tax act, 1961, for the assessment years 1963-64, 1964-65, 1965-66, 1966-67, 1967-68 for the assessee's spouse was not accepted as a debtor in the assessment orders ..... and683 (gau) of 1975-76 for the assessment years 1972-73 and 1973-74 sustaining the application of section 64(1)(iii) of the income-tax act, 1961, which is identical to section 4(1)(a)(i) of the wealth-tax act, 1957, and whether the decision based on a contrary view taken by the tribunal in the case is tenable in law ?' 2. the ..... for 1965-66, 1966-67 and 1967-68 in the appeals and further appeals under the income-tax act. the references to this court are awaiting decision in this reference. 5. the appellate authority confirmed the order of assessment under the wealth .....

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Aug 29 1988 (HC)

Jwala Prasad Sikaria, Vs. Commissioner of Income-tax and ors.

Court : Guwahati

Decided on : Aug-29-1988

..... the point is whether interest has to be paid on the amount refunded to an assessee, who was assessed under the indian income-tax act, 1922, hereinafter the 'old act', but after coming into force of the income-tax act, 1961, hereinafter the 'new act'. the five petitions are by five different assessees, but a common question of law is involved. we have, therefore, heard these ..... act),-- (a) where a return of income has been filed before the commencement of this act by any person for any assessment year, proceedings for the ..... bhattacharjee has referred us to certain provisions of section 297 of the new act. for the sake of convenience, we may quote the relevant parts of this section :'297. repeals and savings.--(1) the indian income-tax act, 1922 (11 of 1922), is hereby repealed.(2) notwithstanding the repeal of the indian income tax act, 1922 (11 of 1922) (hereinafter referred to as the repealed ..... assessment of that person for that year may be taken and continued as if this act had not been passed ;...(i .....

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Sep 23 1988 (HC)

Commissioner of Income-tax Vs. Assam Cold Storage Co.

Court : Guwahati

Decided on : Sep-23-1988

..... the assessee in the succeeding year unless, by an order, registration of the firm is cancelled. that is how the issue was dealt with in that case.10. in the income-tax act, 1961, appeals are provided under section 246. an order under clause (b) of sub-section (1) or under sub-section (2) or sub-section (3) or sub-section (5) of ..... nature of things. the appeals are to be provided in statutes. the answer to the instant question in that background of jurisprudence has to be discovered in the income-tax act, 1961.4. in the repealed act of 1922, a firm was required to file an application for registration along with the particulars. when the application is made beyond time, the rule required that ..... as in the instant case arose, held that when registration is refused, such an order is appealable under the income-tax act, 1961. that court also considered the repealed act of 1922, and observed that parliament did not depart from the scheme of the 1922 act and under section 185(1)(b), such an order is an appealable order.6. the allahabad high court in ..... a. raghuvir, c.j. 1. the following question has been referred to this court under section 256 of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the order of the income-tax officer rejecting the declaration filed beyond the tine prescribed under section 184(7) is an order made in exercise of the powers conferred by section 185 .....

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Feb 12 1988 (HC)

Noorbari Tea Company (P.) Limited Vs. Income-tax Officer, A-ward and a ...

Court : Guwahati

Decided on : Feb-12-1988

b.l. hansaria, j.1. these applications under article 226 of the constitution have challenged the validity of the notices issued to the petitioner-company under section 148 of the income-tax act, 1961, hereinafter 'the act ' concerning the assessment years 1965-66 to 1972-73. the purpose ofissuing the notices is to reopen the assessments made for the years in question. the validity of ..... the notices has been questioned on the ground that the income-tax officer had acted without jurisdiction. the legal position is that in a case where the jurisdiction of the income-tax officer is assailed in issuing notice under section 148 of the act, it is for the department to satisfy the court about the existence of the same. this ..... in exercise of its power under article 226 of the constitution.2. the jurisdiction of the income-tax officer in issuing the notices has been assailed by the petitioner by referring to the reasons which the income-tax officer had recorded as required by section 148(2) of the act. a perusal of the reasons which find place in annexure-a against item no. 13 ..... of the affidavit-in-opposition filed by the respondents shows that what had led the income-tax officer to issue the notices was the information derived .....

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Jul 28 1988 (HC)

Sookerating Tea Company (P.) Ltd. Vs. Commissioner of Income-tax and a ...

Court : Guwahati

Decided on : Jul-28-1988

a. raghuvir, c.j. 1. the subject-matter in this case relates to computation of interest under the income-tax act, 1961. whether interest can be charged when advance tax is paid during the financial year but not paid on the due date of payment is the issue. the revenue authorities maintained that interest is payable. the decision of the ..... ) on rs. 59,487. interest is ascertained under section 215 of the act showing it at rs. 10,708. the assessee was served with a notice of demand to pay rs. 68,026. 6. the assessee questioned the calculation made by the income-tax officer in a revision before the commissioner of income-tax, north eastern region, at shillong. the calculation made under section 139 ..... the absence of any provision in this regard either in the act or in the rules'. the commissioner understood the lis correctly. but rejected the contention in the impugned order. 8. we may here point out one anomaly that is apparent in the calculation of the income-tax officer and in the order of the commissioner. in computing interest under section 215, rs ..... not defined. in section 207, however, after the direct tax laws (amendment) act, 1987, liability to pay advance tax is set out. 'section 207. liability for payment of advance tax.--tax shall be payable in advance during any financial year, in accordance with the provisions of sections 208 to 219 (both inclusive), in respect of the total income of the assessee which would be chargeable to .....

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Sep 30 1988 (HC)

Khanikar Tea Estate (P.) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Sep-30-1988

..... tribunal is incorrect. all that is argued on behalf of the assessee in the instant case is that the assessee is entitled to the depreciation under section 32 of the income-tax act, 1961. that aspect is implied in the question referred. but that aspect is not brought out in clear terms in the question referred to the court. therefore, the assessee suggested ..... this court under sub-section (1) of section 256 of the income-tax act, 1961. the question reads as under :'whether, on the facts and in the circumstances of the case, it could be inferred that the assessee was carrying on business through the agency of the vendor and, therefore, the income from dekhari tea estate accrued to the assessee during the previous year ..... the 1st day of january, 1969, all those the several pieces or parcel of land, etc.'3. the above question arose as respects the assessment year 1970-71. before the income-tax officer and the appellate assistant commissioner a dispute arose as to the date when the sale became effective. whether the assessee is accountable for the profits from january 1, 1969 ..... dated june 26, 1969, followed by the sale deed dated april 16, 1970, and, if so, whether the assessee was entitled to depreciation under section 32 of the act in computing the said income ?'7. learned counsel for the revenue, however, urged that the above question as suggested by the assessee covered aspects not referred to this court. it was secondly urged .....

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Sep 05 1988 (HC)

Commissioner of Income-tax Vs. Ganeshdass Sreeram

Court : Guwahati

Decided on : Sep-05-1988

..... 1971-72 ?(2) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that development rebate was admissible under section 33 of the income-tax act, 1961, on the cost of the plant and machinery let out for the assessment year 1966-67 ?'2. ganeshdass sreeram is a registered firm. the firm, in the assessment for ..... a. raghuvir, c.j. 1. two questions are, referred to this court under section 256(1) of the income-tax act, 1961. the questions read as under :'(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the income derived from lease rent of the building with plant, machinery, furniture and fixtures relating to the anjali ..... the assessment years 1966-67, 1967-68, 1968-69, 1969-70, 1970-71 and 1971-72, claimed rents obtained by the firm as business income. the income-tax officer held that the income is not business income but is income from other sources for the six years. on appeal, the appellate assistant commissioner confirmed the order. on further appeal, the tribunal reversed the finding and ..... , the assessee is running the theatre and is periodically getting the licence renewed.9. from the above, the appellate tribunal held that the rent from the anjali cinema was business income and that that conclusion suffered no vice whatever.10. we answer the first question in the affirmative, in favour of the assessee and against the revenue. in view of the .....

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Jul 16 1988 (HC)

Sharma and Siddhanta Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Jul-16-1988

..... the material facts necessary for the assessment.' 2. the tribunal accepted the decision of the appellate assistant commissioner. the tribunal referred the following questions under section 256(1) of the income-tax act, 1961. the question is : 'whether, on the facts and in the circumstances of the case, the tribunal was correct in setting aside the order of the appellate assistant ..... assessment year 1962-63 and in restoring the appeal to his file for disposal of the same on merits on the ground that the income-tax officer was justified in taking action under section 147(a) of the income-tax act, 1961 ?' 3. the decision of the calcutta high court in lakhmini mewal das v. ito : [1972]84itr649(cal) was considered by a ..... 'there was thus no omission on the part of the appellant to disclose material facts originally in its assessments. the later information which came into the possession of the income-tax officer regarding confessions of the hundiwallas entitled him to action under section 147(b) and not under section 147(a). the order of the appellate assistant commissioner was reversed by ..... had taken certain loans from various parties. these loans were accepted as genuine. subsequently, the income-tax officer found that these loans were bogus and that these parties were acting merely as name-lenders. he, therefore, held that these amounts represented the assessee's undisclosed income and believed that this amount had escaped assessment by reason of the failure of the assessee .....

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Jul 02 1988 (HC)

Utankamoni Chakma Vs. Income-tax Officer and ors.

Court : Guwahati

Decided on : Jul-02-1988

..... the advice of the income-tax officer, tezpur, to the treasury officer, darrang, tezpur, to deduct income-tax from the salary of the petitioner. his assertion is that he is not liable to pay any income-tax in view of what has been stated in section 10(26) of the income-tax act, 1961, hereinafter 'the act'. the stand of the ..... petitioner not having been accepted, he has approached this court to seek a direction not to deduct any income-tax from his salary.2. the stand of ..... submission, shri barua has, however, referred us to a case law noted at page 179 of the law and practice of income-tax by kanga and palkhivala, 7th edn., where the decision rendered in cit v. p. p. salarak [1928] 3 itc 237 was noted, where a forest officer of the siamese government employed ..... is different from receiving, there is still another difficulty in the way of the petitioner in claiming exemption under section 10(26) of the act inasmuch as the income must accrue or arise from any source within the area in question. now, the meaning of the word 'source' as given in webster' ..... been stated above, we are not in a position to uphold the contention of the petitioner that his income from salary in question is exempt from being taxed in view of what has been provided in section 10(26) of the act. the petition is, therefore, dismissed. s.p. rajhowa, j.9. i agree. .....

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