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Judgment Search Results Home > Cases Phrase: indian partnership act Court: guwahati Page 8 of about 132 results (0.030 seconds)

Jan 12 1973 (HC)

Assam Financial Corporation Vs. Commissioner of Wealth-tax and ors.

Court : Guwahati

..... indirectly- (i) from the membership of the wife in a firm of which her husband is a partner; (ii) from the admission of the minor to the benefits of the partnership in a firm of which such individual is a partner; (iii) from assets transferred directly or indirectly to the wife by the husband otherwise than for adequate consideration or in ..... expression would negative the contention of the respondents that it embraces juristic persons such as statutory corporations. shri battacharjee cited the provisions of sections 3 and 16 of the indian income-tax act, 1922, and their interpretation by the supreme court in the case of sodra devi, to support the contrary view that nothing said in sections 4, 6, 14 and 15 ..... local authority and of every firm and other association of persons or the partners of the firm or the members of the association individually. section 16(3) of the indian income-tax act, 1922, was worded as follows : 'in computing the total income of any individual for the purpose of assessment, there shall be included- (a) so much of the income of ..... choudhury did not contend that the authority of this decision of the supreme court bearing on the interpretation of the expression 'individual' used in section 3 of the indian income-tax act, 1922, has been doubted in any subsequent decision of the supreme court. as a matter of fact, the supreme court reaffirmed in andhra pradesh state road transport corporation v. income .....

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Jul 02 1979 (HC)

Commissioner of Income-tax Vs. Smt. Eva Raha

Court : Guwahati

..... was completed before april 1, 1952. rectification of the partner's assessment was made on the basis of a mistake discovered in the record of the partnership firms and by application of the amended new provision of sub-section (5) of section 35 made operative retrospectively from april 1, 1952. the legality ..... nadar : [1968]68itr252(sc) wherein, inter alia, it has been held : (1) that on a plain reading of section 35(5) of the indian i. t. act, 1922, it was clear that the subject-matter of rectification was the completed assessment of a partner in a firm and the section nowhere shows that such ..... habibullah : [1962]44itr809(sc) and other decisions of the supreme court dealing with the effect of the amendment of section 35(5) of the indian i.t. act, 1922, and concluded that it was a debatable question as to whether a completed assessment was intended to be affected by the amendment in the said ..... would not be reopened in exercise of the power to rectify the order of assessment under section 35 of the indian i.t. act, 1922, by virtue of the retrospective operation of the amendment act. in short, the argument advanced before their lordships was that the finality of the orders passed cannot be impaired ..... assessment. in venkatachalam, ito v. bombay dyeing and . : [1958]34itr143(sc) , section 1(2) of the indian i.t. (amend.) act, 1953, expressly provided that, subject to special provision made in the act it should be deemed to have come into force on the 1st day of april, 1952, and it was held .....

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Jan 31 1991 (TRI)

Rameshwar Prasad Goenka Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)37ITD112(Gau.)

..... also by the hon'ble madhya pradesh high court in the case of jagdish chandra grover v. cwt [1985] 156 itr 560, that under the indian law, a partnership firm is not a legal entity as the firm name is only a compendious way of describing the partners collectively. similar claim for exemption under section 5 ..... of properties vivifies and specifies such shares in separate ownership.12. for the purpose of computation of income under the income-tax act and in particular in respect of section 9 of the indian income-tax act, 1922, the hon'ble supreme court in the case of r.b. jodha mal kuthiala v. cit [1971] 82 ..... allowed in the hands of the partners though the property might have been owned by the partnership firm. this was after considering rule 2 of the wealth-tax rules read with section 2(m) of the wealth-tax act. in such cases, it was held that the firm is not an wealth-tax assessee and ..... the revenue, the analogy cannot be drawn as sought to be made out on behalf of the assessee. the present case is under the wealth-tax act and the provision regarding exemption has been specified. in fact the charging and machinery provisions of these two enactments are separate. in a slightly different situation ..... its normal ambit, an extended meaning on account of the special definition is to be found in explanation 2 to section 2(75) of the estate duty act. in this decision, the hon'ble supreme court has distinguished the earlier decision in the case of kancharla kesava rao (supra) at page 101, it was .....

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Apr 04 1963 (HC)

D. C. Chaudhuri and Another Vs. Agricultural Income-tax Officer, Shill ...

Court : Guwahati

..... manufacture and sale of black tea at the said martycherra tea estate under a partnership. the two petitioners were the sole partners of the firm. the partnership firm was served with a notice under the indian income-tax act by the income-tax officer and was assessed to income-tax for the assessment ..... in the result therefore the assessments made are illegal.i will like to add a few words regarding section 20a of the act. the martycherra tea estate formerly belonged to a partnership firm. it was sold to a company on july 9, 1953. under section 20a (2), where a person discontinues any ..... arose out of proceedings under the indian income-tax act. section 34 of the indian income-tax act, as it stood at that time was as follows :"if for any reason income, profits or gains chargeable to income-tax ..... whole income will be regarded as agricultural income, inasmuch as the entire income derived by agriculture is defined to be agricultural income under the indian income-tax act, and thus the entire income may be liable to pay agricultural income-tax. the income-tax department, on the other hand, may ..... what the agricultural income-tax officer does under section 20 (4) is to quantify the amount of tax and thus the authorities under the indian income-tax act are of no assistance.the advocate-general, however, strongly relied upon the case of rajendranath mukherjee v. commissioner of income-tax. this case .....

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Sep 04 1980 (HC)

Ashutosh Banik Vs. Commissioner of Income-tax, N.E. Region, Shillong.

Court : Guwahati

..... by transferring his assets to him wife or minor child, or admitting his wife as a partner or admitting his minor child to the benefits of the partnership, in a firm in which such individual is a partner."in raja ajai varma v. assessing authority : [1964]51itr308(all) , the allahabad high court ..... principle has been consistently followed by the courts.in maharajah of pithapuram v. cit [1945] 13 itr 221, the privy council observed that the indian i.t. act, 1922, as amended from time to time, formed a code, which had no operative effect except in so far as it was rendered applicable for ..... [1963]49itr97(sc) , the supreme court observed (p. 101) :"sub-section (3) of section 16 of the act was introduced in 1937. for the purpose of its application it is immaterial whether the partnership was formed before or after 1937, and whether the transfer was effected before or after that date. however, the sub- ..... recovery of tax imposed for a particular fiscal year by a finance act. by virtue of the finance act, 1939, s. 16(1)(c) of the indian i.t. act as amended by the indian i.t. (amend.) act, 1939, applied for the assessment year 1939-40, although the subject of charge was ..... or in connection with an agreement to live apart."sub-section (3) was inserted by s. 2 of the indian i.t. (amend.) act, 1937. this provision corresponds to s. 64(iii) of the 1961 act, which at the relevant time provided :"64. income of individual to include income of spouse, minor child, etc. .....

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Sep 04 1980 (HC)

Ashutosh Banik Vs. Commissioner of Income-tax, N.E. Region

Court : Guwahati

..... of tax by transferring his assets to his wife or minor child, or admitting his wife as a partner or admitting his minor child to the benefits of the partnership, in a firm in which such individual is a partner. ' 20. in raja ajai varma. v. assessing authority : [1964]51itr308(all) , the ..... has been consistently followed by the courts. 17. in maharajah of pithapuram v. cit [1945] 13 itr 221, the privy council observed that the indian i.t. act, 1922, as amended from time to time, formed a code, which had no operative effect except in so far as it was rendered applicable for ..... [1963]49itr97(sc) , the supreme court observed (p. 101); 'sub-section (3) of section 16 of the act was introduced in 1937. for the purpose of its application it is immaterial whether the partnership was formed before or after 1937, and whether the transfer was effected before or after that date. however, the sub- ..... recovery of tax imposed for a particular fiscal year by a finance act. by virtue of the finance act, 1939, section 16(1)(c) of the indian i.t. act as amended by the indian i.t. (amend.) act, 1939, applied for the assessment year 1939-40, although the subject of charge was ..... in connection with an agreement to live apart. ' 11. sub-section (3) was inserted by section 2 of the indian i.t. (amend.) act, 1937. this provision corresponds to section 64(iii) of the 1961 act, which at the relevant time provided : ' 64. income of individual to include income of spouse, minor child, etc .....

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Mar 04 1998 (HC)

Commissioner of Income-tax Vs. Kashiram Ramgopal (Agencies)

Court : Guwahati

..... a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :-- (a) instruments of gift of immovable property ;(b) ..... question under reference inasmuch as so long as no right in respect of the immovable property has been transferred or passed in favour of the partnership firm by its real owner it is unnecessary for this court to deal with this question as referred to us and as extractedabove. therefore, ..... the land in favour of the partnership firm by its real owner, in the eye of law, no right whatsoever has been transferred from the land in question. therefore, it is ..... frankly admitted that there was no document evidencing the transfer of the landed property in question in favour of the partnership firm. section 17 of the registration act, 1908, hereinafter referred to as the act, lays down as follows ; 'documents of which registration is compulsory.--(1) the following documents shall be registered, ..... upwards, to or in immovable property ;'. (emphasis* supplied) 5. therefore, in the light of the provisions of section 17(b) of the registration act, 1908, in the instant case, so long as there is no document evidencing registration of the transfer, with a view to transfer the right in .....

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Feb 03 1998 (HC)

Commissioner of Income Tax Vs. Kashiram Ramgopal (Agencies)

Court : Guwahati

..... counsel for the revenue frankly admitted that there was no document evidencing the transfer of the landed property in question in favour of the partnership firm. section 17 of the registration act, 1908 (hereinafter referred to as the act), lays down as follows : "documents of which registration is compulsory.(1) the following documents shall be registered, if the property to which they relate ..... authority to have raised the question under reference inasmuch as so long as no right in respect of the immovable property has been transferred or passed in favour of the partnership firm by its real owner it is unnecessary for this court to deal with this question as referred to us and as extracted above. therefore, we answer this reference in ..... registration act, 1877, or this act came or comes into force, namely : (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to ..... is situate in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian .....

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May 25 1991 (HC)

Commissioner of Income-tax Vs. United Brothers

Court : Guwahati

..... income-tax rules, 1962, that the application for registration, though required to be signed by all the partners (not being minors), was signed only by three partners and that the partnership is bad in law inasmuch as the artificial juridical person cannot be made liable to share the loss of the firm. in this connection, learned counsel has placed reliance in ..... the registration of the firm was cancelled by the income-tax officer which was also upheld by the appellate assistant commissioner, on the ground that, according to the deed of partnership an artificial juridical person, ganeshji maharaj, was made a full partner in the sense that the said person was not only to get profit but also to share the loss ..... ) the question that arose for consideration before the apex court was whether, on the facts of the case, the assessee is entitled to registration under section 26a of the indian income-tax act, 1922. on a perusal of the judgment, we are of the opinion that the ratio laid down in the above decision is not relevant for our present purpose, as ..... lower authorities were wrong in cancelling the registration of the assessee-firm under section 186 of the income-tax act, 1961 ?' 2. briefly stated, the facts are as follows : three persons formed a partnership which was duly registered under section 184 of the act. subsequently, the audit by the accountant-general objected to the grant of registration on the ground that an artificial .....

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Feb 10 1995 (HC)

Indian Trading Corporation Vs. Commissioner of Income-tax

Court : Guwahati

..... to a full bench decision of the madhya pradesh high court in addl. cit v. kuber singh bhagwandas : [1979]118itr379(mp) , where dealing with donations voluntarily made by a registered partnership-firm with the object of obtaining permits of business so as to enable the assessee to earn profits by export and selling of gram in the neighbouring states, the full ..... -tax officer, but pending an appeal by the assessee to the appellate assistant commissioner, as regards other matters, the income-tax officer issued notice under section 34 of the indian income-tax act, 1922, to include the aforesaid sum which he had allowed. the appellate assistant commissioner disallowed this claim and the tribunal agreed with him. on a reference, the high - ..... appeal, referring to one of its earlier decisionsin the case of jyoti flour mills.3. mr. talukdar, learned standing counsel appearing for the revenue, placing reliance on a decision in indian steel and wire, products ltd. v. cit : [1968]69itr379(cal) (also referred to by the tribunal) contended that such expenditure on advertisement cannot be considered as allowable business expenditure ..... and donations to such organisations would not be treated as business expenditure. in support of his contention, the income-tax officer also referred to a decision in the case of indian steel and wire products ltd. v. cit : [1968]69itr379(cal) . the income-tax officer further observed that there was no nexus between the expenditure on advertisement and the benefits .....

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