Guwahati Court July 1975 Judgments
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F.C. Agarwal Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Jul-16-1975
Pathak, C.J.1. The following two questions of law as arising out of the consolidated order of the Income-tax Appellate Tribunal in respect of the assessment years 1963-64, 1964-65 and 1965-66 have been referred by the Tribunal under Section 256(1) of the Income-tax Act, 3961 (hereinafter referred to as ' the Act'): '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that penalties under Section 271(1)(c) of the Income-tax Act read with Explanation to that section were justified in respect of the assessment years 1963-64, 1964-65 and 1965-66 (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that for the purpose of calculation of penalty the difference between the tax on the incomes shown in the first return and the tax on the incomes assessed shall be taken as the amounts of tax that would have been avoided ?' 2. The relevant assessment years are 1963-64, 1964-65 and 1965-66. In the r...
Addl. Commissioner of Income-tax Vs. Dasu Ram Mirzamal
Court: Guwahati
Decided on: Jul-07-1975
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' :'Whether, on the facts and in the circumstances of the case and on proper construction of the Explanation to Section 271(1)(c) of the Income-tax Act, 1961, the Tribunal was correct and justified in cancelling the penalty order ?'2. The facts of the case, as appear from the statement of the case, may be briefly stated as follows :The assessee is a registered firm :and has a rice mill at Gauhati and various other activities. The assessment proceedings were taken against the assessee for the assessment year 1961-62, and the Income-tax Officer passed the assessment order on December 31, 1965. The assessee filed return of income for the assessment year 1961-62 on June 7, 1965, showing an income of Rs. 62,912. The Income-tax Officer, however, made the assessment on a total income of Rs. 1,4...
Commissioner of Income-tax Vs. Tezpur Roller and Flour Mills
Court: Guwahati
Decided on: Jul-07-1975
Pathak, C.J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961, hereinafter referred to as 'the Act'. 2. The Commissioner of Income-tax has filed this application, which arises out of the judgment and order of the Income-tax Appellate Tribunal, Gauhati Bench, dated December 7, 1972, in I.T.A. No. 163 of 1970-71. 3. The assessee is a registered firm running a flour mill. The Income-tax Officer on examination of the books of account of the assessee found a sum of Rs. 25,000, credited on September 13, 1962, to the account of Khubrarn Mansing of 36, Ezra Street, Calcutta. The assessee was asked to prove that the credit in favour of M/s. Khubram Mansing was genuine. No evidence was produced except an undated receipt from the party which purported to state that the sum in question was advanced by the creditor and received back by it. The Income-tax Officer rejected that explanation and stated that he had evidence that the loan standing in the creditor's name was not...
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