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Judgment Search Results Home > Cases Phrase: income tax act Court: guwahati Year: 2004 Page 1 of about 26 results (0.025 seconds)

May 31 2004 (HC)

M.S. Associates Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : May-31-2004

..... sc) , is relatable to the framing of questions of law for the purpose of adjudication of an application under section 66(2) of the indian income-tax act, 1922. the hon'ble supreme court by the aforesaid observation in para. 5 of the judgment in dhirajlal : [1954]26itr736(sc) apparently did not ..... petitioner firm within the jurisdiction of this court will arise as and when the authorities at guwahati initiate appropriate proceedings under the provisions of the income-tax act, 1961, against the petitioner and not before that. for recovery/return of the materials seized, the petitioner-firm has to approach the ..... according to the petitioner firm, the search and seizure has been carried out in complete violation of the provisions of section 132 of the income-tax act. the petitioner firm could not file the return for the year 1998-99 within time for reasons beyond its control and it was filed ..... the special audit report dated september 7, 2001. the notice dated march 15, 2001, has been issued under section 142(2a) of the income-tax act, 1961, for the assessment year 1998-99 directing the petitioner firm to get the accounts for the assessment year 1998-99 audited and to furnish ..... notice dated november 6, 2001, the respondent authority directed the petitioner firm to show cause as to why penalty under section 271b of the income-tax act should not be imposed for its failure in getting the accounts audited. the petitioner firm initially a proprietoral firm was converted into a partnership .....

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Aug 25 2004 (HC)

Smt. Jaswant Kaur Sehgal and ors. Vs. Commissioner of Income-tax and o ...

Court : Guwahati

Decided on : Aug-25-2004

..... the members of an association of persons individually is no bar for assessment of the association of persons. though keeping in view, the difference in the scheme of the act and the indian income-tax act, 1922, on the aspect of option, there can be no dispute on the legal principle enunciated, having held that the appellants and four others had not formed the ..... arguments of the parties are that the appellants/writ petitioners are residents of thangal bazar, imphal, in the state of manipur and are existing assessees under the income-tax act, 1961 (hereafter referred to as 'the act'), enjoying income from house property, share of profit from their respective firms as well as from interest. during the year 1983-84, relevant to the assessment year 1984 ..... and purna ginning and pressing factory : [1966]60itr95(sc) , the apex court, with reference to the option available to an income-tax officer under section 3 of the indian income-tax act, 1922, held that it was not open to the assessing officer to assess one income twice, once in the hands of the individuals and again in the hands of an unregistered firm. there the ..... subsequently sought to assess them in the status of an unregistered firm.36. in ito v. bachu lal kapoor : [1966]60itr74(sc) , a notice under section 34 of the indian income-tax act, 1922, issued to the karta of a hindu undivided family was sought to be resisted, inter alia, on the ground that the .....

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Aug 24 2004 (HC)

Bazaloni Group Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Aug-24-2004

..... accounting period ending june 30, 1984, and was carrying on the business of growing, manufacture and sale of tea in india and abroad. the assessee was assessed under the income-tax act by the inspecting assistant commissioner of assam, guwahati. the assessing authority has allowed deduction of the profit derived by the assessee from the export of goods or merchandise under section ..... per cent under rule 8 of the income-tax act.8. thereafter, the assam agricultural income-tax officer issued notice under section 30 of the assam agricultural income-tax act, 1939, to the assessee for assessment under the act, on the ground that the deduction allowed under section 80hhc before computation of the composite income under rule 8 of the income-tax rules by the income-tax officer, was detrimental to the revenue ..... assessee is entitled to take deductions even if it does not fall within any of these sections if otherwise allowable under the provisions of the income-tax act.19. in a decision cit v. sir s. m. chitnavis [1932] 6 itc 453, the privy council permitted bad debts to be an admissible deduction, though there was no special allowance for bad ..... from sale of tea grown and manufactured by the seller and exported out of india under section 2(1a) of the income-tax act, 1961 (hereinafter referred to as 'the act of 1961'), read with rule 8 of the income-tax rules, 1962 (hereinafter referred to as 'the rules of 1962'), the deduction under section 80hhc in respect of profits derived from export of .....

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Mar 19 2004 (HC)

Gangabani Mercantile and Finance (P.) Ltd. and anr. Vs. Commissioner o ...

Court : Guwahati

Decided on : Mar-19-2004

..... shall be constrained to take recovery measures as per various provisions of sections 222 to 232 of the income-tax act, 1961, and also as per second schedule to the income-tax act, 1961.hope you will co-operate in the matter.yours faithfully, (sd.) s. r. dutta,tax recovery officer-4, guwahati.' 3. the challenge has been made on the ground that under section 225/226 ..... income-tax or any other superior officer in the matter of realisation of the tax due and as such the impugned order is bad.4. learned ..... of the income-tax act, the tax recovery officer is the competent authority to grant instalments and he being a quasi-judicial authority, he cannot be directed by the additional commissioner of ..... bluemoon, uzanbazar, ghy.sub : arrear demand-block period 1988-89 to 1998-99-matter regarding. sir,kindly refer to the above.i have been directed by the additional commissioner of income-tax, range-4, guwahati, to collect at least 50 per cent, of arrear demand in addition to monthly instalment granted earlier by march, 2004, since the monthly instalment granted to you .....

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Mar 10 2004 (HC)

Rathi and Co. and Ramesh and Co. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Mar-10-2004

..... in the form of sole proprietorship/partnership which are totally unconnected with the affairs and the business of the petitioners.3. on march 12, 2003, the income-tax department conducted a survey under section 133a of the income-tax act, 1961, in the business premises, and godowns of the petitioners. various books of account and documents were impounded during the said survey along with stock ..... and in exercise of powers conferred by clause (a) of sub-section (2) of section 127 of the income-tax act, 1961 and all other powers enabling me in this behalf, i, the commissioner of income-tax, guwahati-ii, hereby, transfer the income-tax and wealth-tax cases of the persons, the particulars of which are mentioned in the schedule below from the assessing officers mentioned in ..... be said to be specific and tangible requiring and/or warranting transfer of the cases from the jurisdiction of the income-tax officer, guwahati, to the jurisdiction of the assistant commissioner of income-tax, kolkata, under the provisions of section 127 of the income-tax act. there being no search and seizure against the petitioner unlike in the case of the other partners whose business is ..... it is now to be seen in the given fact situation as to whether the impugned order dated november 6, 2003, can stand judicial scrutiny.10. section 127 of the income-tax act, 1961, deals with the power to transfer cases and the impugned order has been passed as per the said provisions which reads as follows :section 127 of the .....

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Mar 05 2004 (HC)

Dr. Mrs. Alaka Goswami and Dr. Anil Kumar Goswami Vs. Commissioner of ...

Court : Guwahati

Decided on : Mar-05-2004

..... i. t. a. no. 42 of 2003, is an ex-principal of the cotton college, guwahati. both are assessees under the income-tax act, 1961 (for short 'the act').2. search and seizure was conducted on august 21, 1996, under section 132 of the act at the residence of the appellants. in response to the notice under section 158bc, the appellants filed return disclosing undisclosed ..... made. as soon as the finance act prescribes the rate or rates for any assessment year ..... the act thus, does not depend on the assessment being ..... the return and the payment of tax thereon computed at the prescribed rates amounts to an admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the finance act and the income-tax act. both the quantum of tax payable and its mode of recovery are authorised by law. the liability to pay income-tax chargeable under section 4(1) of .....

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Mar 19 2004 (HC)

Gangabani Mercantile and Finance (P) Ltd. and anr. Vs. Cit and ors.

Court : Guwahati

Decided on : Mar-19-2004

..... shall be constrained to take recovery measures as per various provisions of sections 222 to 232 of the income tax act, 1961, and also as per second schedule to the income tax act, 1961.hope you will co-operate in the matter.yours faithfully,(sd) s. r. dutta,tax recovery officer-4, guwahati,"3. the challenge has been made on the ground that under section 225/226 ..... of the income tax act, the tax recovery officer is the competent authority to grant instalments and he being a quasi-judicial authority, he cannot be directed by the additional commissioner or ..... any other superior officer in the matter of realisation of the tax due and as such the impugned order is bad.4. learned ..... . agarwal j.heard dr. a. k. saraf, the learned senior advocate appearing for the petitioner, and mr. u. bhuyan, learned counsel for the respondent-income tax department.2. in respect of an assessment order dated 27-12-2002, computing the tax liability to the tune of rs. 84,10,320, the petitioner filed an appeal before the commissioner and thereafter he approached the .....

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Oct 20 2004 (HC)

Kaushik Medhi Vs. Ito

Court : Guwahati

Decided on : Oct-20-2004

..... of opinion between the members of the bench, therefore, the following questions are referred to the hon'ble president of the tribunal under section 255(4) of the income tax act, 1961, for opinion of the third member. the points of difference are as under : '1. whether, on the facts and in the circumstances of the case ..... ?'phool singh j.m. (as third member)20-10-2004the hon'ble president, tribunal, exercising his powers under section 255(4) of the income tax act, 1961, (hereinafter referred to as the 'act'), has referred the following points of difference as framed by the respective members who heard the above appeal, to me as third memberpoints of difference ..... of the bench, therefore, the following questions are referred to the hon'ble president of the tribunal under section 255(4) of the income tax act, 1961, for opinion of the third member. the points of difference are as under:1. whether, on the facts and circumstances of the case, the ..... contract work rs. 1,50,734 is in accordance with rule of audi alteram partem and as per provision of section 144 of the income tax act or the assessment should be restored back to the assessing officer for fresh adjudication as per provision of law?'points of difference as referred ..... contract work rs. 1,50,734 is in accordance with rule of audi alteram partem and as per provision of section 144 of the income tax act or the assessment should be restored back to the assessing officer for fresh adjudication as per provision of law?'n.s. saini am 13 .....

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Mar 19 2004 (HC)

Gangabani Mercantile and Finance (P) Ltd. and anr. Vs. Cit and ors.

Court : Guwahati

Decided on : Mar-19-2004

Reported in : [2004]267ITR118(Gauhati)

..... shall be constrained to take recovery measures as per various provisions of sections 222 to 232 of the income tax act, 1961, and also as per second schedule to the income tax act, 1961.hope you will co-operate in the matter.yours faithfully,(sd) s. r. dutta,tax recovery officer-4, guwahati,'3. the challenge has been made on the ground that under section 225/226 ..... of the income tax act, the tax recovery officer is the competent authority to grant instalments and he being a quasi-judicial authority, he cannot be directed by the additional commissioner or ..... any other superior officer in the matter of realisation of the tax due and as such the impugned order is bad.4. learned ..... . agarwal j.heard dr. a. k. saraf, the learned senior advocate appearing for the petitioner, and mr. u. bhuyan, learned counsel for the respondent-income tax department.2. in respect of an assessment order dated 27-12-2002, computing the tax liability to the tune of rs. 84,10,320, the petitioner filed an appeal before the commissioner and thereafter he approached the .....

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May 05 2004 (HC)

Cwt Vs. Abdulsaeed Abdulhamid

Court : Guwahati

Decided on : May-05-2004

..... commissioner has observed that the allowance of outgoings towards rent collection charges is restricted to 6 per cent of the property's net rateable value of the property under the income tax act and that the allowance of 3 per cent to 6 per cent is considered by the valuation experts as a reasonable allowance for rent collection. the learned appellate assistant ..... very much provided in rule 1bb irrespective of the fact whether the assessee has actually incurred any expenditure on repairs. similar is the provision for assessing income from house property under the provisions of the income tax act and the rules. there is, therefore, no reason why this principle for valuation of the net maintainable rent should not apply to the house ..... deserve to be quashed and set aside.6. it is also contended that since there is no provision in the act to allow 1/6th of the gross rent towards repairs, considering similar provisions in the income tax act for arriving at the income from the house property is misconceived. besides this, it is also contended that there is no evidence towards repairs ..... contention that the learned appellate assistant commissioner has wrongly considered similar provision of income tax act for arriving at the income from the house property has also no substance because when there is no specific provision in the relevant act or rules, similar provision in another act or rules and more particularly tax statute can be invoked for determining the net rent from the house property .....

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