Court : Guwahati
..... to the petitioner company's eligibility, such as, proof of earnest money, statement of annual turnover for the last three years with balance sheets, sales tax clearance certificate, income tax return certificate, etc. all these papers/documents were submitted through a forwarding letter, dated 25.05.2007, addressed to the office of the director of ..... lifetime warranty has to be submitted by the subsidiary if the subsidiary offers for supply the pacemaker, which has been manufactured by its parent company. in fact, acting upon the said condition mentioned in the nit, the respondent no. 4 had, admittedly, submitted a lifetime warranty from its parent company in respect of the ..... economic unit can be taken into account in determining the economic reality in the expanding horizon of global economy. there is a presumption that a subsidiary will act in accordance with law, but according to the conscience of its parents. unless, therefore, this presumption is rebutted, it is proper for the parent .....
Tag this Judgment!Court : Guwahati
..... can confer none, it is argued. reliance has been placed on a judgment of the bombay high court in provident investment co. ltd., appellant v. commr. of income-tax, bombay city, respondent, reported in air 1954 bombay 95 as well as a judgment of the madras high court in the chief controlling revenue authority, board of revenue ..... the learned counsel contends. the operation of the statute nullifies the decree(s) and the statute recognises limited rights of the intermediary under section 136 of the act and prescribes a distinct and definite mode of recognition of such rights after the date of vesting. no materials whatsoever has been adduced by the plaintiffs to ..... the suit property is concerned. the taluki estate of late akhil chandra ghosh having admittedly been granted under an enactment mentioned in the first schedule to the act, the several decree(s) passed in favour of late akhil chandra ghosh in the course of proceedings instituted in courts of competent jurisdiction stands expressly saved .....
Tag this Judgment!Court : Guwahati
..... from the individual partners who constitution the firm ?(2) whether, from the facts and circumstances of the case, the provisions of section 13 of the assam agricultural income-tax act, 1939, are applicable to the chandypore tea estate ?"this reference was apparently made at the instance of the chandypore tea estate, hereinafter referred to as ..... hereinafter referred to as the "board", under section 28(2) of the assam agricultural income-tax act, 1939, hereinafter called the "act", for the decision of this court on the following questions of law :"(1) whether, for the purpose of the assam agricultural income-tax act, 1939, the partnership firm of chandypore tea estate is a separate assessable entity ..... partners, who constitute the firm.2. from the facts and circumstances of the case, the provisions of section 13 of the assam agricultural income-tax act, 1939, are not applicable to the chandypore tea estate.in the entire circumstances, we do not with to make any order as to costs in .....
Tag this Judgment!Court : Guwahati
..... following questions of law have been referred to this court under section 28 (2) of the assam agricultural income-tax act, 1939 (assam act ix of 1939), hereinafter called "the act" :"(1) whether under the provisions of the assam agricultural income-tax act, 1939, the tax is paid by a company on behalf of its shareholders ?(2) whether the shareholder of a company ..... is in very wide terms and, in our opinion, has to be answered in the negative. under the provisions of the assam agricultural income-tax act, it cannot be said that the tax paid by the company is on behalf of its shareholders.dr. medhi, the learned counsel for the petitioner, has contended that even ..... shareholders irrespective of the fact whether he was chargeable to agricultural income-tax under the act or not. there are two-fold answers to this contention. firstly, the opening words of section 4 make it subject to any provision made elsewhere in the agricultural income-tax act, thus if any provision is made otherwise in rule 25a .....
Tag this Judgment!Court : Guwahati
..... income from business and 60 % as agricultural income. the agricultural income-tax act thus taxes 60% of the income from a tea garden as agricultural income. if the proviso is interpreted as contended for by the petitioners, the result will be that the whole income will be regarded as agricultural income, inasmuch as the entire income derived by agriculture is defined to be agricultural income under the indian income-tax act, and thus the entire income may be liable to pay agricultural income-tax. the income-tax .....
Tag this Judgment!Court : Guwahati
..... for the position that where an assessee fails to prove satisfactorily the source and nature of certain amount of cash received during the accounting year, the income-tax officer is entitled to draw the inference that the receipts are of an assessable nature".in that case, their lordships of the supreme court were satisfied with ..... be entertained or the facts found are such that no person acting judicially and properly instructed as to the relevant law would have come to the determination in question".another decision on which mr. pathak placed reliance is v. govindarajulu mudaliar v. commissioner of income-tax. the particular passage on which reliance was placed occurs at ..... of the supreme court in commissioner of income-tax v. m. ganapathi mudaliar. this decision merely laid down that where the question referred to the high court is regarding the existence of material to support a finding of fact arrived at by the tribunal, the high court should not act as an appellate court and consider .....
Tag this Judgment!Court : Guwahati
..... 34, no consent by the assessee could give him a jurisdiction or no waiver on his part could confer such jurisdiction. in the case of commissioner of agricultural income-tax v. sultan ali gharami, although on facts it was held that there was no waiver, the facts were examined to find out whether there could be a ..... precisely is the position here."the next case referred to is chatturam v. commissioner of income-tax. in this case a certain notification was issued by the governor of bihar on 26th may, 1940, retrospectively applying the provisions of the income-tax act to a certain division known as chotanagpur division which was a partially excluded area and a ..... the 25th march, 1947, the assessment of the petitioner for the assessment year 1946-47 was completed by the income-tax officer of gauhati, under section 23(3) of the indian income-tax act, 1922 (hereinafter called "the act"), on a total income of rs. 30,955. on the 24th march, 1951, the petitioner received a notice dated 19th march, 1951 .....
Tag this Judgment!Court : Guwahati
..... of the fact that an alternative remedy was open to the petitioner, which the petitioner did not exhaust. the learned standing counsel further submitted that the income-tax act is a self-contained act and that the remedies available thereunder should first be availed of before the petitioner could seek relief under article 226 of the constitution of india. the ..... a society engaged in a cottage industry; or(c) a society engaged in the marketing of the agricultural produce of its members; or(d) a society engaged in the purchase of agricultural implements, seeds, livestock or other articles intended for agriculture for the purpose of supplying them to its members; or(e) a society engaged in the processing without ..... the aid of power of the agricultural produce of its members; or(f) a primary society engaged in supplying milk raised by its members of the federal milk co-operative society :provided that .....
Tag this Judgment!Court : Guwahati
..... in law, as a contract of service postulates two different person.it was father held that on account of the method of computation prescribed in income-tax act, 60% of the income of the firm is agricultural in character and, therefore, it cannot be taxed under the income-tax act, that even though the flexible arrangement among partners regarding distribution of this sum may take different forms, the essential ..... has been furnished by him. in that case, two tea estates were owned by two firms with several partners. the tea sold yielded income which was partly agricultural and partly non-agricultural. both the firms were registered under the income-tax act. two of the partners who were the respondsents in the appeals before the supreme court were, in addition to their share of profits, entitiled .....
Tag this Judgment!Court : Guwahati
..... than a process of the nature described in subclause (ii);....."the agricultural income-tax act defines "agricultural income" substantially in the same terms, except for the numbering of the clauses.clause (c) of section 2(1) of the income-tax act is not included in the definition of "agricultural income" in the agricultural income-tax act, and an explanation has been added in regard to agricultural income derived from cultivation of tea. it would be obvious from ..... given in an advisory capacity in a reference (or references) under the assam agricultural income-tax act.the only relevant objection is, whether the parties will be subjected to double taxation for the same income - once as agricultural income-tax and for the second time as income-tax under the indian income-tax act. mr. iyengar for the commissioner of income-tax, assam, so far i under-stood him to say, assured us that there .....
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