Court : Income Tax Appellate Tribunal ITAT Guwahati
Decided on : May-23-2003
Reported in : (2004)89ITD387(Gau.)
..... competition as there is clear conflict of interests. section 16 of indian partnership act, 1932, seeks to remedy precisely this kind of mischief, because the partner is an agent of the firm and he has to safeguard the best interest of the firm. clause 11 of the partnership deed, section 16(b) of the indian partnership act and section 88 of indian trust act read together would show that the assessee is ..... the firm. 2) clause 11 of the partnership deed (supra), section 16(b) of the indian partnership act (annex-5, pp. 7 of paper-book dated 5 ..... business was supply of 'any commodities'. the respondent shut out any competition from the partnership firm, despite his full knowledge. this results in unfair competition, as there is clear conflict of interests. section 16 of the indian partnership act, 1932, seeks to remedy precisely this kind of mischief, because, partner is an agent of the firm and he has to safeguard the best interest of ..... in deleting the same and accordingly we find no error in the order of the cit(a) on this account. the ground taken by the revenue is, therefore, rejected.17. in the cross objection the assessee has merely supported the order of the cit(a) and in view of our above decision in the revenue's appeal the ground .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-07-2003
..... saraf, learned sr. advocate for the petitioners and mr. b.j. talukdar, learned govt. advocate, assam.2. the petitioners before us is a registered partnership firm, dealing in indian made foreign liquor, beer, rum, gin etc. the petitioner firm filed its return of turnover for the period ending 31.3.1993 under the assam finance ..... of taxes and the required document was submitted by them. subsequently, the deputy commissioner of taxes issued a notice under section 36(1) of the assam general sales tax act asking the petitioner to show cause as to why a suo moto revision in respect of the return for the period ..... that the impugned order, whereby suo moto revision was entertained and the original assessment order was revised, was passed in violation of the provision of the act and hence, not tenable under the law. the writ petition stands allowed and the impugned order passed by the deputy commissioner of taxes, guwahati zone ..... said suo moto revisional power of the deputy commissioner of taxes, guwahati mainly on the ground that no case for interference under section 36(1) of the assam general sales tax act has been made out.4. in the case of rajendra singh v. superintendent of taxes (1990) 1 glr 449, this ..... (sales tax) act, 1956 and the assessment was completed by the superintendent of taxes in the year 1993 itself. on 7.10. .....Tag this Judgment!