Guwahati Court January 1977 Judgments
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Commissioner of Income-tax Vs. Ahmed Tea Co. (P.) Ltd.
Court: Guwahati
Decided on: Jan-27-1977
Pathak, C.J. 1. The following question of law has been referred under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', by the Income-tax Appellate Tribunal, Gauhati Bench, to the High Court for decision : ' Whether, on the facts and in the circumstances of the ease, the Tribunal was justified in law in cancelling the penalty order of the Inspecting Assistant Commissioner under Section 271(1)(c) of the Income-tax Act, 1961 '2. The assessee filed a return of income for the assessment year 1966-67 on September 30, 1966, showing a total income of Rs. 92,591. The relevant balance-sheet and profit and 'loss account was subsequently filed on January 18, 1967. A revised return was filed on August 30, 1967, showing a total income of Rs. 56,899. In the revised return the assessee included an amount of Rs. 10,360 being interest which was omitted from the original return and a further claim for deduction on account of bonus for 1962, 1963, 1964 and 1965 to the ext...
Commissioner of Income-tax Vs. Assam Automobile and Accessories Agency
Court: Guwahati
Decided on: Jan-21-1977
Pathak, C.J. 1. The following question of law has been referred under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', by the Income-tax Appellate Tribunal, Gauhati Bench, to the High Court for decision : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there was no obligation on the assessee to file the return of income under Section 139(1) since the income returned was below the taxable limit, notwithstanding that the assessed income was chargeable to tax and on this ground to hold that no penalty was leviable under Section 271(1)(a) ?' 2. The assessee is a firm. It was assessed as an unregistered firm, for the assessment year 1963-64. For the assessment year 1966-67, the assessee was assessed as a registered firm. In 1963-64, the due date of filing the return under Section 139(1) of the Act was June 30, 1963, but the assessee filed the return on December 10, 1964, showing an income of Rs. 2,878...
Commissioner of Income-tax Vs. Haroocharai Tea Company
Court: Guwahati
Decided on: Jan-21-1977
Pathak, C.J. 1. The following question of law has been referred to the High Court for decision 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, the Tribunal was justified in holding that the 'lease rent of Rs. 10,000 received by the assessee, Haroocharai Tea Co., Jorhat, from M/s. Gatoonga Tea Estate for Sumaguri Tea Estate was assessable at 40% in view of Rule 8 of the Income-tax Rules, 1962 ?' 2. The dispute relates to the lease rent received by the assessee from another partnership firm. The assessee is a partnership firm called M/s. Haroocharai Tea Company. It purchased a tea estate known as Samaguri Tea Estate from Moabund Tea Co. Ltd. on January 24, 1963. For this purchase it had taken a loan from the Assam Financial Corporation by mortgaging the same tea estate. The partners of this firm and the partners of another firm call...
Commissioner of Income Tax, Assam. Vs. Assam Automobile and Accessorie ...
Court: Guwahati
Decided on: Jan-21-1977
PATHAK C.J. - The following question of law has been referred under section 256 of the Income-tax Act, 1961, hereinafter referred to as 'the Act', by the Income-tax Appellate Tribunal, Gauhati Bench, to the High Court for decision :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there was no obligation on the assessee to file the return of income under section 139(1) since the income returned was below the taxable limit, notwithstanding that the assessed income was chargeable to tax and on this ground to hold that no penalty was leviable under section 271(1)(a) ?'The assessee is a firm. It was assessed as an unregistered firm for the assessment year 1963-64. For the assessment year 1966-67, the assessee was assessed as a registered firm. In 1963-64, the due date of filing the return under section 139(1) of the Act was June 30, 1963, but the assessee filed the return on December 10, 1964, showing an income of Rs. 2,878. Ultimately...
Commissioner of Income-tax Vs. New India Restaurant
Court: Guwahati
Decided on: Jan-18-1977
Pathak, C.J. 1. The following question of law has been referred to the High Court under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', by the Income-tax Appellate Tribunal, Gauhati Bench, for decision : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Income-tax Officer to grant registration to the assessee, M/s. New India Restaurant, for the assessment year 1970-71, after giving an opportunity to file the declaration in Form No. 12 as required under Section 184(7) of the Income-tax Act, 1961, within one month from the date of the receipt of the order ?'2. The Income-tax Officer while assessing the assessee for the assessment year 1970-71 found that the assessee had not filed a declaration under Section 184(7) of the Act in Form No. 12 and so for that assessment year the Income-tax Officer took the status of the assessee as unregistered firm. The assessee preferred an appeal against the order un...
Commissioner of Income-tax Vs. Abhoyjan Tea Estate (P.) Ltd.
Court: Guwahati
Decided on: Jan-18-1977
Pathak, C.J. 1. The following question of law has been referred to this court for decision 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, the Tribunal was justified in allowing the interest paid to the State Bank of India, the court expenses and the travelling expenses incurred for acquiring Phookanbari Tea Estate even though the transaction did not ultimately materialise ' 2. The facts of the case may be briefly stated as follows : The assessee is a company carrying on business of growing and manufacturing tea. The assessment year concerned is 1969-70. A tea garden, known as Phookanbari Tea Estate, was sold at an auction sale. The bid of the assessee was accepted and it was required to deposit 25% of the bid money, immediately on the close of the bid. The assessee could not deposit this amount immediately and took some time fo...
Mazidar Rahman Vs. the State of Assam
Court: Guwahati
Decided on: Jan-18-1977
Baharul Islam, J.1. The appellant Mazidar Rahman was convicted in Sessions Case No. 12(D)/72 by the Sessions Judge, Goalpara, Under Section 302 of the Penal Code and sentenced to imprisonment for life.2. The prosecution case is that in the morning hours of 23rd April, 1970, the appellant together with Hamid Master, Didar Sheikh, Siraj Sheikh, Altaf, Amir Sheikh, Jokimuddin and some other persons went to the field of Nurul Sheikh (P. W. 7). Amir started damaging the paddy grown on his land by P. W. 7. P. W. 7 protested but to no effect. He then went home and informed his father (Jitu Hazi P. W. 2) and his brothers Harmuz (P. W. 11) and Naser. On arrival at the place of occurrence, Jitu found his son Mir Box (deceased) in his field. Bhula, Sattar (P. W. 12), Abdul Kalam and Omar Ali (P. W. 13) were ploughing in the field. Jitu protested against the act of Amir damaging the paddy seedlings but to no effect On the contrary, accused Hamid Master ordered assault whereat Amir and Siraj broug...
Sookerating Tea Co (P.) Ltd. Vs. Commissioner of Income Tax, Assam.
Court: Guwahati
Decided on: Jan-17-1977
PATHAK C.J. - The following question of law has been referred under section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', by the Income-tax Appellate Tribunal, Gauhati Bench, to this court for decision :'Whether, in the facts and circumstances of the case, the Tribunal was justified in holding that rule 8 of the Income-tax Rules, 1962, did not apply to income from interest received by the assessee on loans advanced by it and that such income was liable to be included in the assessee's total income in full and not to the extent of 40% only ?'The facts of the case are as follows. The assessee is a private limited company owning tea gardens. The assessment years involved are 1966-67, 1967-68 and 1969-70. In the assessment year 1966-67, the assessee had taken a loan from the Allahabad Bank against hypothecation of tea crops. The amount of interest paid by the assessee during the assessment year 1966-67 amounted to Rs. 18,266. It had also advanced loans to three...
Sookerating Tea Co. (P.) Ltd. Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Jan-17-1977
Pathak, C.J. 1. The following question of law has been referred under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act', by the Income-tax Appellate Tribunal, Gauhati Bench, to this court for decision : 'Whether, in the facts and circumstances of the case, the Tribunal was justified in holding that Rule 8 of the Income-tax Rules, 1962, did not apply to income from interest received by the assessee on loans advanced by it and that such income was liable to be included in the assessee's total income in full and riot to the extent of 40% only?' 2. The facts of the case are as follows. The assessee is a private limited company owning tea gardens. The assessment years involved are 1966-67, 1967-68 and 1969-70. In the assessment year 1966-67, the assessee had taken a loan from the Allahabad Bank against hypothecation of tea crops. The amount of interest paid by the assessee during the assessment year 1966-67 amounted to Rs. 18,266. It had also advanced loans ...
Commissioner of Income-tax, Assam Vs. M. L. MahindrA. Commissioner of ...
Court: Guwahati
Decided on: Jan-13-1977
PATHAK C.J. - The facts of these two reference are similar and a common question of law arises. Hence, this judgment will cover both these cases.In Income-tax Reference No. 12 of 1973, 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", to this court for decision :"Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that only 40% of the salary and interest payable to the assessee, Shri M. L. Mahindra, by the firm, M/s. Amsoi Tea Estate, of which he is a partner, should assessed to tax ?"The facts of this case may be briefly stated as follows :The assessee, M. L. Mahindra, is a partner in the firm, M/s. Amsoi Tea Estate, which derives income from a tea garden. His share of profit from the firm includes salary and interest. Since the salary and interest were received from the firm havi...
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