Guwahati Court August 1976 Judgments
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Assam Co-operative Apex Bank Ltd. Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Aug-18-1976
Pathak, C.J. 1. The following question of law has been referred by the Income-tax Appellate Tribunal, Gauhati Bench (hereinafter referred to as 'the Tribunal'), 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, the Tribunal was justified in setting aside the consolidated order dated March 31, 1970, of the Appellate Assistant Commissioner of Income-tax, Shillong Range, Shillong, relating to the assessments for the assessment years 1967-68, 1968-69 and 1969-70, with a direction to give a finding on the point as to what amount out of the securities is the stock-in-trade or circulating capital of the assessee, the Assam Co-operative Apex Bank Ltd. and which amount is the capital investment of the assessee-bank ?'2. The facts of the case are briefly stated below. The relevant assessment years are 1967-68, 1968-69 and 1969-70,3. The assessee, Assam Co-operative Apex Bank Ltd., is a bank regi...
Assam Co-operative Apex Bank Ltd. Vs. Commissioner of Income-tax, Assa ...
Court: Guwahati
Decided on: Aug-18-1976
PATHAK C.J. - The following question of law has been referred by the Income- tax Appellate Tribunal, Gauhati Bench (hereinafter referred to as "the Tribunal"), 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, the Tribunal was justified in setting aside the consolidated order dated March 31, 1970, of the Appellate Assistant Commissioner of Income-tax, Shillong Range, Shillong relating to the assessment year 1967-68, 1968-69, and 1969-70, with a direction to give a finding on the point as to what amount out of the securities is the stock-in-trade or circulating capital of the assessee, the Assam Co-operative Apex Bank Ltd. and which is the capital investment of the assessee-bank ?"Officer that the assessees sole income including interest on securities was in the nature of business income and, therefore, it was totally exempt under section 80P(2)(a)(i) of the...
Commissioner of Income-tax Vs. J.S. Serwarey
Court: Guwahati
Decided on: Aug-13-1976
M.C. Pathak, C.J.1. The Income-tax Appellate Tribunal, Gauhati Bench, has referred the following question of law 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 justified in holding that the cost of materials supplied by the M.E.S. department was not liable to be included in the total receipts of the assessee for calculating its net profits for the assessment years 1965-66, 1966-67 and 1967-68 ?'2. The facts, on the basis of which the abovementioned question of law has been referred, may be stated as follows. The assessee is a building contractor. He is a retired officer of the military engineering service and he started business of executing constructional contract works under the military authorities but he did not produce any books of account before the Income-tax Officer on the ground that he was not maintaining any account books. 3....
Kaul Ram Brahma Vs. the State of Assam
Court: Guwahati
Decided on: Aug-12-1976
K. Lahiri, J.1. This appeal is directed against the judgment and order passed by Shri J, N. Barua, Assistant Sessions Judge, Goalpara at Dhubri in Sessions Case No. 4 (D)/71 convicting' the appellant under Section 307 of the I.P.C. and sentencing him to suffer rigorous imprisonment for six years and to pay a fine of Rs. 1000/- in default, to suffer rigorous imprisonment for 6 months more. The learned Assistant Sessions Judge, also directed that on realisation of the fine the injured be given a sum of Rs. 500/- out of the total fine of Rs, 1,000/-.2. The drama was enacted on 26-9-1969 at or about 4 P.M. in a bazar, named and styled as 'Tipkai bazar', where, according to the injured first informant, P.W. 2 Rupsing Brahma, he was selling 'Pork' along with others. The accused after having purchased Pork from him returned back and took his own Dao and dealt several blows on the neck of the first informant wherefor he lodged the first information report to the police at Bilasipara on the ve...
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