Guwahati Court December 1996 Judgments

The Janambhumi Vs. Commissioner of Income-tax

Court: Guwahati

D.N. Baruah, J. 1. In this income-tax reference, at the instance of the assessee, the following question has been referred by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), for opinion of this court : ' Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in sustaining the disallowance made under Section 40A(3) of the Act ?' 2. The facts for the purpose of answering this reference are : At the material time the assessee was a partnership firm with three partners. Kanak Chandra Sarma was the managing partner. This firm used to publish a daily newspaper known as The Janambhumi. The said newspaper was printed by Janambhumi Press Pvt. Ltd. of Jorhat, a company incorporated under the Companies Act. Kanak Chandra Sarma was also the managing director of the said company. Thus Kanak Chandra Sarma was the managing director of the company as well as the managing partner of the firm. The business o...

Garodia Hardware Store and Etc. Vs. Nimodia Plantations and Industries ...

Court: Guwahati

D.N. Baruah, J.1. As the subject matters of all the above company petitions involve common question of law and similar facts I propose to dispose of all these three petitions by a common judgment.2. These company petitions have been filed under Section 433(e) and (f) read with Section 434(1)(a) and (c) and Section 439 of the Companies Act, 1956, for short, 'the Act'. All the petitioners are firms, registered under Indian Partnership Act having their principal place of business at Golaghat in the district of Golaghat (Jorhat). The respondent, viz. Nimodia Plantations and Industries Pvt. Ltd. for short 'the company' is a private limited company incorporated under the Act having its Head Office at A.T. Road, Bokaghat in the district of Jorhat.3. The company owns and possesses a tea garden, namely, Hautley Tea Estate within the Sub-Division of Golaghat, in the district of Jorhat, Assam. According to the petitioners, the Manager of the said Tea garden as well as the company placed orders w...

Commissioner of Income Tax Vs. Eastern Supply Corporation

Court: Income Tax Appellate Tribunal ITAT Guwahati

1. This reference application arises out of the order passed in M.A.No. 6(Gau) of 1993 whereby the order in ITA No. 190(Gau) of 1990 is recalled. The question set out for the esteemed opinion of the Hon'ble High Court is as under : "Whether on the facts and in the circumstances of the case the Tribunal has erred in law and in facts to recall its final order with a view to rectify the same under s. 254." 2. The brief facts are as under : Original order in this case was passed by the Tribunal on 3rd December, 1992 wherein it was held that the payment in cash amounting to Rs. 11,52,707 disallowed by the AO under s. 40A(3) is not genuine payment and accordingly confirmed the order of the AO. A miscellaneous application was filed by the assessee on the ground that there was no discussion whatsoever at any stage regarding genuineness of payment and thus the decision of the Tribunal gives rise to a mistake apparent from record. Accepting the miscellaneous application, the Tribunal recalled t...

Commissioner of Income Tax Vs. Eastern Supply Corporation.

Court: Guwahati

D. MANMOHAN, J.M. :This reference application arises out of the order passed in M.A. No. 6(Gau) of 1993 whereby the order in ITA No. 190(Gau) of 1990 is recalled. The question set out for the esteemed opinion of the Honble High Court is as under :"Whether on the facts and in the circumstances of the case the Tribunal has erred in law and in facts to recall its final order with a view to rectify the same under s. 254."2. The brief facts are as under : Original order in this case was passed by the Tribunal on 3rd December, 1992 wherein it was held that the payment in cash amounting to Rs. 11,52,707 disallowed by the AO under s. 40A(3) is not genuine payment and accordingly confirmed the order of the AO. A miscellaneous application was filed by the assessee on the ground that there was no discussion whatsoever at any stage regarding genuineness of payment and thus the decision of the Tribunal gives rise to a mistake apparent from record. Accepting the miscellaneous application,...

Namdang Tea Co. (India) Ltd. Vs. Deputy Commissioner of Income-tax and ...

Court: Guwahati

D.N. Baruah, J. 1. By this application under Article 226 of the Constitution the petitioner challenges annexure 'II', order dated February 19, 1993, issued by the Deputy Commissioner of Income-tax, Assessment, Range-II, Guwahati, initiating proceedings under Section 143(1)(a) of the Income-tax Act, 1961 (for short 'the Act'), and annexure 'IV' order dated June 10, 1993, issued by him in purported exercise of the power under Section 154 of the Act refusing to rectify the mistakes so far as interest on deposit and interest on loan are concerned and adding the same in the total income of the petitioner. 2. The petitioner is a company incorporated under the Companies Act and is an assessee under the Act. It submitted its return of income for the assessment year 1992-93 relevant to the previous year 1991-92 on December 30, 1992, showing a total income of Rs. 93,50,050. The total tax including surcharge payable by the petitioner was Rs. 48,38,650. A sum of Rs. 1,83,416, was payable by the ...

Namdang Tea Co. (India) Ltd. Vs. Deputy Commissioner of Income Tax and ...

Court: Guwahati

D. N. BARUAH, J. :By this application under Art. 226 of the Constitution the petitioner challenges annexure "II", order dt. 19th February, 1993, issued by the Dy. CIT, (Asst.), Range-II, Gauhati, initiating proceedings under s. 143(1)(a) of the IT Act, 1961 (for short "the Act"), and annexure "IV" order dt. 10th June, 1993, issued by him in purported exercise of the power under s. 154 of the Act refusing to rectify the mistakes so far as interest on deposit and interest on loan are concerned and adding the same in the total income of the petitioner.2. The petitioner is a company incorporated under the Companies Act and is an assessee under the Act. It submitted its return of income for the asst. yr. 1992-93 relevant to the previous year 1991-92 on 30th December, 1992, showing a total income of Rs. 93,50,050. The total tax including surcharge payable by the petitioner was Rs. 48,38,650. A sum of Rs. 1,83,416, was payable by the petitioner on account of int...

Namdang Tea Co. (India) Ltd. Vs. Deputy Commissioner of Income Tax and ...

Court: Guwahati

Reported in: (1998)145CTR(Gau)231

D. N. BARUAH, J. :By this application under Art. 226 of the Constitution the petitioner challenges annexure 'II', order dt. 19th February, 1993, issued by the Dy. CIT, (Asst.), Range-II, Gauhati, initiating proceedings under s. 143(1)(a) of the IT Act, 1961 (for short 'the Act'), and annexure 'IV' order dt. 10th June, 1993, issued by him in purported exercise of the power under s. 154 of the Act refusing to rectify the mistakes so far as interest on deposit and interest on loan are concerned and adding the same in the total income of the petitioner.2. The petitioner is a company incorporated under the Companies Act and is an assessee under the Act. It submitted its return of income for the asst. yr. 1992-93 relevant to the previous year 1991-92 on 30th December, 1992, showing a total income of Rs. 93,50,050. The total tax including surcharge payable by the petitioner was Rs. 48,38,650. A sum of Rs. 1,83,416, was payable by the petitioner on account of interest under ss. 234B and 234C o...