Guwahati Court July 1977 Judgments
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JaIn and Co. Vs. Commissioner of Income-tax
Court: Guwahati
Decided on: Jul-08-1977
Baharul Islam, J.1. The Income-tax Appellate Tribunal, Gauhati Bench, Gauhati (hereinafter called 'the Tribunal'), has referred the following question to us for opinion ; 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the assessee-firm was not constituted under a valid instrument of partnership and so the assessee-firm was not entitled to registration under Section 185 of the Income-tax Act, 1961, for the assessment years 1965-66 and 1966-67?'2. The material facts of the case may be briefly stated thus; 3. The assessee-firm, M/s. Jain & Co., Fancy Bazar, Gauhati, was constituted on February, 1964, on which date a partnership deed (annexure C) was executed. The deed of partnership showed that the firm consisted of the following five partners: (1) Shri Ratan Kumar Bawari, (2) Shri Sukumar Chandra Jain, (3) Shri Manikchand Agarwalla, (4) Shri Jaiprakash Sharma, (5) Smt. Pushpa Devi Goyal. They all signed the deed ...
Commissioner of Income-tax Vs. Shyam Sundar Tea Co. Pvt. Ltd.
Court: Guwahati
Decided on: Jul-04-1977
Rangarajan, J. 1. The short, but interesting, question that arises for decision in this income-tax reference is whether income-tax due from the assessee which could not be recovered summarily under Section 231 of the Income-tax Act, 1961 (hereinafter called 'the Act '), can be recovered by way of penalty. The reference was made ia the following terms : ' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalties imposed by the Income-tax Officer under Section 221(1) of the Income-tax Act, 1961, relating to the assessment years 1960-61, 1961-62, 1962-63, 1963-64, 1964-65 and 1965-66, against the assessee, M/s, Shyam Sundar Tea Co. Private Ltd. ?' 2. Only a few facts, which are necessary for disposing of this reference, may be noticed : It is seen from annexure ' A ' that the Income-tax Officer, Collection, Dibrugarh Circle, Dibrugarh; passed an order under Section 221 of the Act as follows : ' M/s. Shyam Sundar Tea Co. (P.) Ltd....
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