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 .....Tag this Judgment!
Court : Guwahati
..... to what extent the assessee had earned profits and gains from the industrial undertaking. 5. on hearing counsel for the parties and on a perusal of section 80hh of the income-tax act we are of the opinion that the assessee is entitled to get rebate to the extent of any profits or gains derived from the industrial undertaking only. if the assessee ..... . a.k. saraf, special counsel for the revenue, and mr. r. goenka, counsel appearing on behalf of the respondent/assessee. 4. dr. saraf submits that under section 80hh of the income-tax act, the assessee is entitled to get rebate only to the extent of any profit or gain derived from the industrial undertaking or the business of hotel, etc. in the instant ..... profit from the concerned factory ?' 2. for the assessment year 1984-85, the income-tax officer made an assessment under section 143(3) of the income-tax act, 1961, on may 7, 1986, and the income was assessed at rs. 6,90,110. the assessee claimed rebate under section 80hh of the income-tax act. the assessing officer observed that rebate under section 80hh could not be allowed as ..... there was no profit from the factory. the assessee took up the matter before the commissioner of income-tax (appeals) and the commissioner of income-tax (appeals) by order dated july 18, 1986, allowed rebate to the assessee .....Tag this Judgment!
Court : Guwahati
..... assessee, that retirement of a partner does not ipso facto dissolve a firm and that the firm continues; but the essential requisites for the registration of a firm under the income-tax act, as stated above, are the names of the partners and their respective shares in profits. the firm now sought to be registered consists of four partners with 25% share in ..... of the assessee for the assessment year 1965-66 ended on april 9, 1965. on april 9, 1965, the assessee-filed an application under section 185 of the income-tax act, 1961 (hereinafter called 'the act'). the application was signed by the four partners who signed the memorandum and was accompanied by the partnership deed dated 1st february, 1964, and the memorandum dated january ..... in holding that the assessee-firm was not constituted under a valid instrument of partnership and so the assessee-firm was not entitled to registration under section 185 of the income-tax act, 1961, for the assessment years 1965-66 and 1966-67?'2. the material facts of the case may be briefly stated thus; 3. the assessee-firm, m/s. jain & co ..... the firm is liable to assessment. these two provisions clearly show that for the purpose of registration of a partnership firm for the purpose of the income-tax act, 1961, the act is primarily concerned with the names and addresses of the partners and their respective shares in the profit of the firm.10. an application for registration of a firm has .....Tag this Judgment!
Court : Guwahati
..... decide whether it should refer it for the decision of the court. the power of the court to issue a direction to the tribunal under section 66(2) of the income-tax act is in the nature of a mandamus and it is well settled that no mandamus will be issued unless the applicant had made a distinct demand on the appropriate authorities ..... navigation co. ltd. : 42itr589(sc) their lordships of the supreme court have held (page 608) : 'the jurisdiction of the high court in a reference under section 66 of the income-tax act is a special one, different from its ordinary jurisdiction as a civil court. the high court, hearing a reference under that section does not exercise any appellate or revisional or ..... of the accused shall be established beyond reasonable doubt by the prosecution, does not fully apply to a proceeding under section 271 of the income-tax act. in other words the department, in the course of any proceeding under the income-tax act, in order to levy penalty, need not prove beyond reasonable doubt, negatively, that the assessee has, without reasonable cause, failed to furnish the ..... provided for the reference of a case by the appellate tribunal to the high court and was essentially equivalent to section 256 of the act. their lordships held (page 544) : 'section 66 of the income-tax act which confers jurisdiction upon the high court only permits a reference of a question of law arising out of the order of the tribunal. it does not .....Tag this Judgment!
Court : Guwahati
..... , i have already shown that objections like these have not found favour in pronouncing upon the validity of the partnership instrument for purposes of registration under section 26a of the income-tax act. in the circumstances, therefore, my answer to the question under reference is, as held by the tribunal, in favour of the assessee. 13. as the department has failed, the ..... respect of cloth business continued to belong to the hindu family or it should be treated as a valid partnership document for purposes of registration under section 26a of the income-tax act, the document contained a resolution to keep the houses and house-sites joint, and that as there was no possibility to divide the cloth business consisting of cloth, furniture, ..... affirmative, then it follows as a matter of course that the assessee would be entitled to registration on the strength of the partnership instrument under section 26-a of the income-tax act. if the partnership is genuine, the partners as mentioned in the deed will be entitled to the benefit of the instrument during the assessment year under consideration. on the ..... of the hindu undivided family and a valid partnership was brought into existence thereafter and in allowing registration to the respondent on that basis under section 26a of the indian income-tax act?' 2. the relevant facts stated may be briefly recapitulated. a hindu undivided family consisting, of lachminarain singhania, the father, and four sons governed by the mitakshara school of hindu .....Tag this Judgment!
Court : Patna
..... under reference being the same, they have been heard together and are being disposed of accordingly.2. this is reference under section 256(2) of the income-tax act, 1961 (hereinafter referred to as the act) made by the income-tax appellate tribunal, patna bench, patna to answer the following question of the law :--'whether on the facts and in the circumstances of the case, the ..... , no penalty was leviable on the assessee, who was a partner of the firm under section 271(1)(a) of the income-tax act, 1961.'3. in all the ten cases, the same question has been referred and in five reference cases, namely, tax case nos. 27, 28, 29, 30 and 33 of 1989, the opposite party is md. ehtesam and in other five ..... they did not file the return. thereafter, the assessment proceedings were initiated against both the partners/opposite parties. notice of show cause was issued under section 274 of the act by the income-tax officer as to why penalty be not imposed as there was no reasonable cause for not filing the return within time. both the partners appeared and filed their show ..... because petition under section 273-a and under section 245-c filed are pending.'8. the assessment proceedings concluded and best judgment assessment was made under section 144 of the act. in the penalty proceeding, the concerned income-tax officer did not accept the explanation given in the show cause and imposed penalty under section 271(1)(a) of the .....Tag this Judgment!
Court : Guwahati
..... case, the tribunal was wrong in holding that non-service of notice under section 143(2) of the income-tax act, 1961, against nine out of the ten legal representatives of the deceased, shri b. n. singh, did not invalidate the assessment orders of the income-tax officer relating to the assessment years 1965-66, 1966-67 and 1967-68 and that it was at ..... 2) of the income-tax act, 1961, against nine out of the ten legal representatives of the deceased, shri b.n. singh, did not invalidate the assessment orders of the income-tax officer relating to the assessment years i965r66, 1966-67 and 1967-68 and that it was at best ..... legal representatives both for the purposes of the civil procedure code as well as for the purposes of the income-tax act. in view of the provisions of section 159 of the act, all the ten legal representatives of late b. n. singh are, therefore, liable to pay any tax that is payable by late b. n. singh. it is also very clear that all these ten ..... pathak, c.j. 1. the following question of law has been referred by the income-tax appellate tribunal, gauhati bench, under section 256(1) of the income-tax act, 1961, hereinafter referred to as 'the act', to this court for decision :'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that non-service of notice under section 143( .....Tag this Judgment!
Court : Mumbai
Reported in : 105ITR359(Bom)
..... : '2. any firm constituted under an instrument of partnership specifying the individual shares of the partners may, under the provisions of section 26a of the indian income-tax act, 1922, register with the income-tax officer, the particulars contained in the said instrument on application made in this behalf ?' 13. the second paragraph of this rule provides for the persons by whom ..... by the partners making an application for such renewal. 22. mr. joshi urged that the scheme of registration of a firm under the act and the income-tax act, 1961, is different. so far as the act is concerned registration of the firms has to be made for one year for which it is registered and from year to year such registration ..... of deceased laxminarayan, was taken as a partner. 2. on june 29, 1959 an application for renewal of registration of the assessee-firm under section 26a if the income-tax act, 1922 (hereinafter referred to as 'the act'), for the assessment year 1959-60 was filed. this application was signed by the eight surviving partners and godavaribai. 3. the ..... issued in the following form, namely : instrument of partnershipthis ---------------------------------------------- has thiscertified copy of an instrument of partnershipday been registered with me, the income-tax officer for.......in the state of...... been section 26a of the indianincome-tax act, 1922 and this certificate of registration shall haveeffect for the assessment for the year ending on themarch 31, 19.....' 14. rule 5 provides .....Tag this Judgment!
Court : Mumbai
Reported in : 45ITR6(Bom)
..... , but in the interest of the union. the object of the commissioner in making applications before the court is with a view to obtain a proper collection of the income-tax under the income-tax act. in the applications which an assessee makes, the assessee is concerned with his own individual interest. the attitude of the commissioner in making applications under section 66(2) or ..... offends against article 14 of the constitution. the third contention is that the right of the petitioners to make an application to the high court under section 66 of the income-tax act is a substantive right which is vested in them when the assessment proceedings, out of which the application arises, are commenced. this right of the petitioners cannot be taken away ..... , and a sur-rejoinder by the state. we have been requested to take these affidavits on record. we have granted all these requests and made orders accordingly. 3.under the income-tax act, an advisory jurisdiction has been conferred on the high court in connection with questions of law arising on certain orders passed by the appellate tribunal. thus, where the appellate tribunal ..... case and to refer to this court certain specified questions of law. in some of these applications, the aforesaid relief is claimed only under section 66(2) of the indian income-tax act, while in others, the said relief is also claimed in the alternative by an appropriate writ or direction under article 226 of the constitution. all these applications have been filed .....Tag this Judgment!
Court : Karnataka
Reported in : 65ITR146(KAR); 65ITR146(Karn); (1967)1MysLJ215
..... to renewal of registration for the assessment year 1961-62.' 10. the admitted facts of the case are these : the assesses firm was registered under section 26a of the indian income-tax act, 1922, for the assessment year 1960-61. on june 30, 1961, the assessee filed an application for renewal of its registration for the assessment year 1961-62. that application was ..... fact that registration had been granted to the assessee by the appellate assistant commissioner for the assessment year 1960-61, the assessee was entitled under section 184(7) of the income-tax act, 1961, to renewal of registration for the assessment year 1961-62; (ii) that the certificate of the assessee furnished along with its application for renewal of registration was not incorrect ..... the assessee and the departmental representative have agreed to the above statement of the case. 9. this is a reference under section 256(1) of the income-tax act, 1961, to be hereinafter referred to as the 'act'. this reference was made at the instance of the assessee. the question of law referred for the opinion of this court is : 'whether, on the facts ..... several businesses including business in contracts. by an application dated march 31, 1960, the assesses firm applied for registration for the assessment year 1960-61 under section 26a of the income-tax act, 1922, and by another application dated june 30, 1961, it applied for renewal of registration for the assessment year 1961-62 under section 26a of the .....Tag this Judgment!