Guwahati Court June 1982 Judgments

income-tax Officer Vs. Nanak Singh Sujansingh

Court: Income Tax Appellate Tribunal ITAT Guwahati

Reported in: (1983)3ITD368(Gau.)

1. This is a departmental appeal challenging the order of the Commissioner (Appeals), directing the ITO to grant registration to the assessee-firm.2. The facts bearing on the controversy are in a narrow compass and may be noted. The assessee-firm consisted of five partners named below as per partnership deed dated 31-5-1975 : The accounting year of the firm, constituted as above, was calendar year. The above deed continued to be in existence up to 27-1-1976. The period from 1-1-1975 to 27-1-1976 thus came to be governed by the above deed. On 28-1-1976, five partners mentioned above agreed to admit two more partners named as below : 3. Clause 1 of this partnership deed 'superseded' the partnership deed dated 31-5-1975 and as per Clause 2, it was provided that "all the terms and conditions of this deed shall be deemed to have come into operation from 1-1-1976,...". Clause 7 provided that the net profit and loss of the firm will be determined from year to year in the usual commercial man...

Commissioner of Income-tax Vs. Gangadhar Sikaria Family Trust and Kama ...

Court: Guwahati

Pathak, Actg. C.J. 1. This batch of four cases are referred for the opinion of this court under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Commissioner of Income-tax, North Eastern Region, Shillong. The facts and the questions referred in all the four cases are identical and, therefore, we propose to dispose of these cases by a common judgment. The questions referred are as follows : '(1) Whether, on the facts and in the circumstances of the case and on a proper construction of the relevant clauses of the trust deed dated April 19, 1964, the Tribunal is right in holding that the trust created under the said deed is valid and not inconsistent with any of the provisions of the Indian Trusts Act, 1882 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the transfer of the properties belonging to the Hindu undivided family made in favour of the trust by the major member of the fa...

Commissioner of Income-tax Vs. Ganesh Das Sreeram (Firm)

Court: Guwahati

Hansaria, J. 1. The assessee was a registered firm at the relevant time. It, however, defaulted in submitting its returns for the assessment, years 1966-67 and 1969-70. The delay was not considered to be due to any reasonable cause. The ITO, therefore, imposed a penalty of Rs. 64,730 for the year 1966-67 in pursuance of the provision in Section 271(1)(a) read with Section 271(2) of the I.T. Act, 1961, hereinafter 'the Act'. As for the other assessment year the penalty of Rs. 27,360 was imposed. Calculation in both the cases was at the rate of 2% per month for the period of default. On appeal being preferred before the AAC, the penalty orders were set aside. On further appeal by the Department, the Tribunal upheld the order of the AAC. On a prayer for reference to this court the following question has been referred : 'Whether, on the facts and in the circumstances of the case, the assessee being a registered firm was liable to pay penalty under Section 271(1)(a) read with Section 271(...