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Judgment Search Results Home > Cases Phrase: income tax act Year: 1996 Page 1 of about 5,578 results (0.097 seconds)

May 15 1996 (HC)

Commissioner of Income-tax Vs. Quality

Court : Patna

Decided on : May-15-1996

..... indicated in the order as to underwhat provision the interest was being levied because interest is chargeable under section 139(8) as well as other provisions of the income-tax act. wedo not find any substance in this contention. it is well-settled, followingthe decision of the supreme court referred to above, that levy of interestis a part ..... petitions were filed before the andhra pradesh high court challenging the notices levying interest under section 139(8) of the income-tax act. the high court had held that the provisions of rule 117a of the income-tax rules imply that opportunity should be given to the assessee to show cause why no interest should be levied and as ..... the omission or default in the submission of the return/payment of tax within the prescribed period and, therefore, the levy is compensatory in nature. on the ..... the later stage.4. in central provinces manganese ore co. ltd. v. cit : [1986]160itr961(sc) , which is a decision of the supreme court, the apex court has held that interest is levied under section 139(8) or section 215 of the income-tax act to compensate the revenue for the loss which it suffers by reason of ..... 1. this reference under section 256(1) of the income-tax act, 1961, is at the instance of the revenue. the questions of law referred to this court for its opinion are as follows : '1. whether, .....

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Aug 23 1996 (HC)

Commissioner of Income-tax Vs. George Williamson (Assam) Ltd.

Court : Guwahati

Decided on : Aug-23-1996

..... , 1994, in civil rule no. 34(m) of 1992, the following questions have been referred by the income-tax appellate tribunal, gauhati bench, guwahati, under section 256(2) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : ' (1) whether the tribunal did not err in facts as well ..... relying on the decision of the apex court in kusumben d. mahadevia v. cit : [1960]39itr540(sc) , mr. joshi draws our attention to page 544 where the apex court observed thus : 'section 66 of the income-tax act which confers jurisdiction upon the high court only permits a reference of a question of ..... officer the assessee claimed deduction towards expenses made for maintenance of the agency and this matter was taken up suo motu by the commissioner of income-tax who reversed it. the matter came up before the tribunal also. the tribunal was to consider whether the expenses made for the maintenance of ..... by mr. joshi. he also submits that as per the decision of this court in income-tax reference no. 29 of 1993 (cit v. assam frontier tea ltd. ), clause (ix) of section 35b(1)(b) of the act is not attracted in the facts and circumstances of the case. but mr. gogoi argues ..... 859 towards cost of maintaining warehouses outside india. the assessing officer allowed the deduction. by exercising power of revision suo motu, the commissioner of income-tax reversed the decision of the assessing officer allowing deduction of l/3rd of rs. 97,59,385, the amount spent for maintaining warehouses outside india .....

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Aug 06 1996 (HC)

Commissioner of Income-tax Vs. Highway Construction Co. (P.) Ltd. (No. ...

Court : Guwahati

Decided on : Aug-06-1996

..... d.n. baruah, j. 1. in this reference under section 256(1) of the income-tax act, 1961 (for the short 'the act'), the following four questions have been referred for the opinion of this court :' (1) whether, under the facts and circumstances of the case, the tribunal did not err in facts ..... dismissed the appeal. situated thus the assessee-company preferred yet another appeal before the income-tax appellate tribunal. the tribunal held that the date of accrual of compensation amount was on march 30, 1979, the ..... assessee as 'industrial company' because basically it was carrying on the business of contract.4. being dissatisfied the assessee-company preferred an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) also ..... assessing officer also did not accept the claim of the assessee-company that the compensation was a capital receipt and, therefore, it was exempted from tax. the assessee-company further claimed allowance under section 80j of the act taking it to be an 'industrial company' ; this claim was also turned down by the assessing officer. the assessing officer did not consider the .....

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Aug 05 1996 (HC)

Commissioner of Income-tax Vs. R.C. Construction

Court : Guwahati

Decided on : Aug-05-1996

..... a manufacturing process and, therefore, the assessee is entitled to the investment allowance as envisaged under section 32a of the income-tax act, 1961.10. in view of the above, we answer the question in the negative and in favour of the assessee and against the revenue. ..... d.n. baruah, j.1. in this reference under section 256(1) of the income-tax act, 1961 (for short 'the act'), the income-tax appellate tribunalhas referred the following question, at the instance of the revenue, for opinion of this court :'whether the ..... officer disallowed the claim of investment allowance of rs. 45,358.3. being aggrieved, the assessee preferred an appeal before the commissioner of income-tax (appeals) and the commissioner of income-tax (appeals) also relying on the said decisions dismissed the appeal by affirming the order passed by the assessing officer.4. the assessee preferred ..... the physical shape which the raw material has and is understood as a different commercial commodity by the business community. in these circumstances, the income-tax appellate tribunal was justified in coming to the conclusion that conversion of limestone by crushing into rodi or lime dust is a process of manufacture ..... yet another appeal before the income-tax appellate tribunal. the learned tribunal after considering all the aspects of the matter held that the crushing of stone boulders into stone chips .....

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May 31 1996 (HC)

J.D. Enterprises Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : May-31-1996

..... in holding that form no, 11 filed along with the deed was defective. as there was no defect, the question of rectification under the provisions of section 185 of the income-tax act does not arise. however, we feel that in an appropriate case such defects can be cured.18. in view of the above, questions nos. 1 and 2 are answered in ..... contentions of the parties, it will be apposite to examine the deed of partnership and also to look to some of the relevant provisions of the indian partnership act as well as the income-tax act. we find the deed of partnership at pages 36 to 39 of the paper book. in the said deed, it has been recited as under : 'be it noted ..... that the form no. 11 filed along with the deed was defective and if so whether the said defect is rectifiable under the provisions of section 185(2) of the income-tax act, 1961 ?2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in reversing the order of the appellate assistant commissioner granting registration ..... this court by a judgment and order, dated august 2, 1988, passed in civil rule no. 3(m) of 1986 under section 256(2) of the income-tax act, 1961, the following twoquestions have been referred by the income-tax appellate tribunal for theopinion of this court : '1. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding .....

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Aug 19 1996 (HC)

Commissioner of Income-tax Vs. Assam Frontier Tea Ltd.

Court : Guwahati

Decided on : Aug-19-1996

..... said decision, the calcutta high court had the occasion to deal with the provision of rule 6aa of the rules with reference to section 35b(1)(b)(iv) of the income-tax act, 1961, which provides that weighted deduction will be allowed also on such other activities for the promotion of the sale outside india of such goods, services or facilities as may ..... . usha telehoist ltd. : [1995]212itr177(cal) . in the said decision the calcutta high court held as under (headnote) : ' sub-clause (iv) of section 35b(1)(b) of the income-tax act, 1961, permits a deduction in respect of expenditure incurred wholly and exclusively on maintenance outside india of a branch, office or agency. agency is an expression of which the content ..... d.n. baruah, j. 1. in this reference under section 256(1) of the income-tax act, 1961 (for short 'the act'), the following three questionshave been referred by the income-tax appellate tribunal for the opinion of this court : '1. whether the tribunal did not err in facts as well as in law in holding that rule 6aa which was made ..... tribunal (for short 'the tribunal'). the tribunal by order dated august 20, 1991, sustained the order of the commissioner of income-tax (appeals) holding that the appellant was entitled to the benefit of deduction under section 35b(1)(b)(iv) of the act. that apart, the tribunal also considered the benefit of rule 6aa of the rules which came into effect from august .....

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Jun 03 1996 (HC)

Commissioner of Income-tax Vs. Kamala Tea and Industries Ltd.

Court : Guwahati

Decided on : Jun-03-1996

..... within the time as prescribed under section 139(1) of the income-tax act ?'2. the assessee, a company carrying on business in tea, submitted its return for the assessment year 1984 ..... d.n. baruah, j.1. at the instance of the revenue, the following question has been referred by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961 (for short, the act), for opinion of this court ;' whether under the facts and circumstances of the case, the tribunal did not ..... the time as prescribed under section 139(1) of the act. the assessee preferred an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) allowed the carry forward of determined loss. against the order of the commissioner of income-tax (appeals), the revenue preferred an appeal before the tribunal. ..... err in facts as well as in law in allowing the carry forward of loss for the assessment year 1984-85 even though the assessee did not file its return of income ..... copy of this judgmentunder the signature of the registrar and the seal of the high court shall be transmitted to the income-tax appellate tribunal.6. in the facts and circumstances of the case, there will be no direction as to costs.s.b. roy, j.7 .....

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Jun 07 1996 (HC)

Commissioner of Income-tax Vs. Assam Tribune

Court : Guwahati

Decided on : Jun-07-1996

..... the books of account of the payee then no disallowance is to be made under section 40a(3) of the income-tax act ?' 2. the respondent is an assessee under the act. during the course of assessment proceeding, the assessing officer observed that the assessee made entries of cash payment exceeding rs ..... the tribunal under section 256(1) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : '(1) whether, under the facts and in the circumstances of the case, the tribunal was justified in upholding the decision of the commissioner of income-tax (appeals) who deleted the disallowance of rs ..... on the facts of each case. dr. saraf further submits that the tribunal committed manifest error in giving a direction to the commissioner of income-tax (appeals) to verify the contents of the confirmatory letters and books of account and grant further relief. 5. mr. r.k. joshi disputes ..... . 6,36,979.33 made under section 40a(3) of the act ? (2) whether, under the facts and in the circumstances of the case, the tribunal ..... section 40a(3) of the act. the assessing officer, accordingly, disallowed a sum of rs. 9,04,553. being aggrieved, the assessee took up the matter by way of appeal before the commissioner of income-tax (appeals). during pendency of the appeal before the commissioner of income-tax (appeals), the assessee could .....

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May 22 1996 (HC)

Commissioner of Income-tax Vs. Buildwell Assam (P.) Ltd.

Court : Guwahati

Decided on : May-22-1996

..... 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 .....

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Aug 16 1996 (HC)

Deepak Kumar Poddar, Vs. Union of India (Uoi) and ors.

Court : Patna

Decided on : Aug-16-1996

..... from the act, inasmuch as what section 119 has empowered is to issue orders, instructions or ..... directions for the 'proper administration' of the act or for such other purposes specified in sub-section (2) of the section. ..... court challenging notices issued under section 148 of the income-tax act, 1961.2. following the filing of the returns by the assessees for the assessment year 1992-93, notices were issued to them under section 143(2) of the act. while the proceedings in terms of section 143(3) of the act were pending pursuant to the notice, it appears that ..... jaikishan gopikishan and sons' v. cit : [1989]178itr481(mp) .6. mr. debi prasad, learned counsel appearing for the revenue, relied upon a supreme court decision in kerala financial corporation v. cit : [1994]210itr129(sc) , wherein it was observed as follows (headnote) : ' a circular of the central board of direct taxes under section 119 of the income-tax act, 1961, cannot override or detract .....

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