Court : Guwahati
Decided on : Apr-01-1999
..... . 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 .....Tag this Judgment!
Court : Guwahati
Decided on : Dec-10-1999
..... 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 .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-17-1999
..... . 2 is also to be answered in the affirmative restricting the allowability of the expenditure within the limits as provided under section 37(2a) of the income-tax act. section 37 of the income tax act reads as under : '37. (1) any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital ..... be discussed. for that purpose they were all invited to a dinner at grand hotel, calcutta. the expenditure incurred on the dinner was disallowed under section 37(2b) of the income-tax act as entertainment expenditure. it was held that where the representatives had come from different european countries and experts from different jute mills were also invited, the dinner arranged for discussion ..... advanced by shri g. k, joshi is that allowability of the business expenditure for sales promotion would be restricted or controlled by sub-section (2a) of section 37 of the income-tax act, 1961, since the expenditure which has been allowed for the foreign tours of the dealers is an expenditure in the nature of entertainment, therefore, it is submitted that question no ..... is in the affirmative whether such expenditure is in the nature of entertainment expenditure whose allowability is restricted as per provision of sub-section (2a) of section 37 of the income-tax act, 1961 ?' 2. we have heard shri g. k. joshi, appearing on behalf of the revenue, and shri a. k. maheswari, appearing for the assessee-respondent. 3. briefly the facts .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-04-1999
..... tribunal is correct in law in allowing investment allowance on ultrasound medical diagnostic electrical equipment, air-conditioner and servo-voltage stabiliser ?' 4. the application under section 256(1) of the income-tax act moved by the revenue was rejected by order dated august 27, 1997. while doing so, the tribunal also observed that the decision of the rajasthan high court in the case ..... of trinity hospital , was considered and no decision taking a contrary view was shown. the present application, as indicated earlier, has been moved under section 256(2) of the income-tax act. 5. learned counsel for the revenue has vehemently urged that ultrasound machine does not manufacture any article or thing. it only reflects internal organs of the body on the screen ..... diagnostic equipment which display internal condition of the body organs or processing of films and photographs have been held to be entitled for investment allowance under section 32a of the income-tax act. it is also submitted that the case in hand is no different from the cases referred to above. thus the point which has been raised by the revenue/petitioner is ..... refer it, and on receipt of any such requisition, the appellate tribunal shall state the case and refer it accordingly.' 14. a bare perusal of section 256(2) of the income-tax act shows that the high court may 'if it is not satisfied with the correctness of the decision of the appellate tribunal' require the appellate tribunal to state the case and .....Tag this Judgment!
Court : Guwahati
Decided on : Oct-08-1999
..... authority disallowing cash payments to the extent indicated earlier. 7. so far as the legal position is concerned, there is no dispute that the provisions of section 40a of the income-tax act, 1961, are to be read with rule 6dd of the rules of 1962. sub-section (3) of section 40a provides that where an assessee incurs an expenditure making payment of ..... be explained to the authorities and indicating different kinds of expenditure which could be covered by rule 6dd of the income-tax rules. it has also been held that section 40a(3) of the income-tax act is to be read with rule 6dd of the income-tax rules, 1962. 10. so far as the facts of the present case are concerned, as indicated earlier the assessing ..... revenue filed appeal against the judgment of the commissioner of income-tax (appeals) before the income-tax appellate tribunal, guwahati bench, guwahati. the appellate tribunal upset the judgment of the commissioner of income-tax (appeals). it has been observed by the tribunal--'... we may point out that the provisions of section 40a(3) of the income-tax act must be read with the provisions of rule 6dd and so ..... brijesh kumar, c.j. 1. the questions of law referred for opinion of this court under section 256(2) of the income-tax act, 1961, are- '(i) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the appeal filed by the revenue is not barred .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-25-1999
..... for the report on the valuation of the cost of construction from the valuation officer in view of the provisions under sections 131, 133(6) and 142(2) of the income-tax act. these are the enabling machinery provisions which vest ample powers in the assessing authority, any wrong mention of provision on the requisition memo will not be material. 23. our answer ..... may make such enquiry as he considers necessary.' 13. learned counsel for the revenue has submitted that the provisions contained under sections 55a, 133(6) and 142(2) of the income-tax act are all enabling provisions which legally vest power in the assessing authority to call for a valuation report from the valuation officer of the department regarding the cost of construction ..... nature of the asset and other relevant circumstances, it is necessary so to do.' learned counsel has then referred to section 133(6) of the income-tax act which falls in chapter xiii of the act which relates to the income-tax authorities. sub-section (6) of section 133 reads as follows : '133. the assessing officer, the deputy commissioner (appeals), the deputy commissioner or the commissioner ..... . national taj traders  121 itr 535 , on the point that liberal construction should be made where failure to do so would defeat the purpose of the act. 12. section 142 of the income-tax act has also been referred to. it relates to enquiry before the assessment. sub-section (2) of section 142 reads as follows : '(2) for the purpose of obtaining full .....Tag this Judgment!
Court : Guwahati
Decided on : May-14-1999
..... high court by making the following observations (head-note) : 'the words 'technical or professional qualifications' occurring in the first part of the proviso to section 64(1)(ii) of the income-tax act, 1961, do not necessarily relate to the technical or professional qualifications acquired by obtaining a certificate, diploma or a degree or in any other form, from a recognised body like ..... (headnote) : 'the context in which the crucial words 'technical or professional qualifications' or 'technical or professional knowledge or experience occur in the proviso to section 64(1)(ii) of the income-tax act, 1961, show that they do not refer to a degree or diploma of a university or other similar institution. that this was not the intention of the legislature is clear ..... . m. l. saha in the light of the provisions of section 64(1)(ii) of the income-tax act, 1961 (for short, 'the act'). the assessing officer held that the income declared by the assessee deserved to be clubbed with the income of her husband. on appeal the commissioner of income-tax (appeals) reversed the order of the assessing officer. the order of the appellate authority was confirmed ..... has substantial interest is not includible in the assessment of the assessee under section 64(1)(ii) of the act ? 2. whether, on the facts and in the circumstances of the case, and on a correct interpretation of section 27 of the income-tax act, 1961, the asses-see could not be deemed to be the owner of the house property which was transferred .....Tag this Judgment!
Court : Guwahati
Decided on : Dec-24-1999
..... claim of deduction in respect of unpaid provision is not an allowable deduction either under section 8(2)(e) or section 8(2)(f)(vii) of the agricultural income-tax act, 1939, for short 'the act'.5. section 8(2)(f)(vii) reads as follows : '(vii) any expenditure (not being in the nature of capital expenditure) laid out or expended wholly and exclusively for ..... deduction. however, there is no such identical provision in the assam agricultural income-tax act. section 37 of the act provides, for such allowance.9. it is the case of the petitioner-company that they are maintaining their accounts in the mercantile system. in the above system of accounting on ..... the payment has arisen during the time the business is carried on, it may appropriately be regarded as expenditure'. in view of the specific provisions under section 43b of the income-tax act the meaning of the word 'paid' is clear, i.e., the 'amount actually paid' but in the absence of any identical provision in the ..... authority laid emphasis on the word 'paid' and drawing reference to section 43b of the income-tax act, held that the tax, duty, cess or fee not paid during the accounting year cannot be allowed to be deducted. section 43b of the income-tax act is very specific and provides that only the tax, duty, cess or fee actually paid in the accounting year shall be computed for .....Tag this Judgment!
Court : Guwahati
Decided on : Nov-20-1999
..... in favour of the assessee against the revenue. a.k. patnaik, j.22. in this reference under section 256(1) of the income-tax act, 1961 (for short, 'the act'), the following question has been referred by the income-tax appellate tribunal for opinion of this court : 'whether, in the facts and circumstances of the case, the tribunal had any material to ..... the provisions as under (headnote) : 'interest under section 216 is chargeable when an assessee files a wrong estimate of advance tax. a speaking order should be passed while charging interest under section 216 of the income-tax act, 1961.''the question whether there was any justification for the estimate whether it was in fact an understatement has to be examined by ..... opportunity to the assessee. while making a regular assessment, the income-tax officer has not made any finding as to the underestimation of the advance tax payable by the assessee. from the records it appears that an order was passed by the income-tax officer under section 216 of the income-tax act, 1961, routinely and mechanically stating that interest under section 216 ..... stated that the assessee has deliberately underestimated its advance income or was paying underestimated advance tax. section 216 of the income-tax act, 1961, reads as follows : '216. where, on making the regular assessment, the income-tax officer finds that any assessee has-- (a) under section 209a or section 212 underestimated the advance tax payable by him and thereby reduced the amount payable .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-12-1999
..... participate in the draw, the amounts credited, if any, would not constitute winnings from lotteries from unsold tickets and, hence, would not attract the provisions of section 194b of the income-tax act. it is held thus (page 376) : 'we have already seen, having regard to the definition of lottery, that it is chance for a prize. therefore, there must be consideration paid ..... article 226 of the constitution have been filed challenging the orders dated january 25, 1994 and june 6, 1994, passed by the assistant commissioner of income-tax, circle-tds, panbazar, guwahati, under section 201(1) of the income-tax act, 1961 (annexure-xiii to the cr no. 405 of 1994 and annexure-vi to the cr no. 2786 of 1994), respectively. by the order dated ..... order dated june 6, 1994, respondent no. 1 raised a demand of rs. 7,92,06,400 on the petitioner on account of alleged short deduction of tax at source under section 194b of the income-tax act in respect of 1494 nos. of lottery draws held during the period from february 6, 1992, to december 12, 1992. 2. as the civil rules involve ..... money to the prize winners in terms of the agreement made with the organising agent. the liability for deduction of income-tax at source under section 194b of the income-tax act, 1961 (for short 'the act'), rests with the petitioner and the petitioner is to deduct tax at source while making payments towards prizes, provided the payments exceed rs. 5,000. the petitioner is also responsible .....Tag this Judgment!