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Hanutram Ramprasad, Dibrugarh Vs. Commissioner of Income-tax, Assam, N ...

Court : Guwahati

Reported in : [1978]112ITR187(Gauhati)

..... there is also no force in the submission made on behalf of the appellant that the income-tax officer, before feeling satisfied regarding the necessity of initiating proceedings for imposition of penalty ..... satisfied about the matters referred to in clauses (a) to (c) of sub-section (1) of section 271 during the course of proceedings under the act even though notice to the person proceeded against in pursuance of that satisfaction is issued subsequently.'at page 563 of the report, their lordships have further observed :' ..... clause (1) of section 271 is that the income-tax officer or the appellate assistant commissioner should have been satisfied in the course of proceedings under the act regarding matters mentioned in the clauses of that sub-section. it is not, however, essential that notice to the present proceeded against should have also been .....

Kitply Industries Ltd. Vs. California Pacific Trading Corporation

Court : Guwahati

Reported in : [2009]151CompCas19(Gauhati)

..... obedience to the power which so legislates.25. this statement was quoted with approval, by the supreme court in raj rajendra sardar moloji nar singh rao shitole v. shankar saran : air 1962 sc 1737, 1742, at paragraph 10 of the judgment of justice j. l. kapur.26. as pointed out by dicey there is a distinction between recognition and enforcement. ..... of money in respect of compensation or damages to an injured party . . . there are other provisions in the act by which foreign judgments could be enforced in the united kingdom. an order applying that act to british india and burma came into force on november 18, 1938 and was repealed by the reciprocal enforcements of judgments (india) order, 1953, which came into ..... of 1937. the division bench of the madras high court in n.p.a.k. muthiah chettiar v. k.s. rm. firm shwebo, burma air 1957 mad 25, traced out the history of section 44a as follows (page 27):the history of section 44a of the civil procedure code may be considered. this section was .....

Chandreswar Bhattacharjee Vs. State of Assam

Court : Guwahati

Reported in : 1982CriLJ2248

..... make an order in writing setting forth the substance of the information received, the amount of the bond to-be executed, the term for which it is to be in force, and the number, character and class of sureties (it any) required. under section 112, which corresponds to section 113 of the old code, if the person in respect ..... matter beyond doubt that the interim bond could be taken only after the commencement of the inquiry proceedings and before they are completed.8. in madhu limaye v. ved murji air 1971 sc 2481 : 1971 cri lj 1715, where the magistrate used the powers under sub-section (3) of section 117 of the old code without commencing to inquire ..... section 107 when an executive magistrate receives information that any person is likely to commit a breach of 'he peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranrquillity and is of opinion that there is sufficient ground for proceeding, he may, 'in .....

George Williamson (Assam) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)37ITD392(Gau.)

..... such revenue officers to exercise the powers of a tax recovery officer. the concluding portion of the notification ran : "this notification shall be deemed to have come into force on the first day of april, 1962". it was held, on the fact of that case, that the state govt. could not invest the revenue officers with the ..... our consideration. as stated earlier, the assessee claimed weighted deduction under section 35b which was introduced in the statute with effect from 1-4-1968 by the finance act 1968. among other things, section 35b prescribed certain weighted deduction to be allowed to the assessee if such assessee has incurred any expenditure as mentioned in the section ..... mills ltd. v director of inspection and audit (customs & central excise) [1984] 146 itr 194.reference was also made to the decision of the supreme court reported in air 1972 page 2427. reliance was also placed on the decision in cit v. taj mahal hotel [1971] 82 itr 44 (sc). it was vehemently urged that the cit(a .....

Chowtan GohaIn Vs. State of Arunachal Pradesh and ors.

Court : Guwahati

..... the respondents authority. and therefore in para 39, 40 and 41 of the writ petition, the petitioner submitted that the declaration of khanpoi anchal reserve forest has no force in law and liable to be set aside in the affidavit in opposition of respondents has not stated that the provisions of sections 6, 8, 9 and 19 ..... a jurisdictional fact erroneously then the petitioner is entitled for the writ of certiorari for quashing the same.17. similar view was taken by the hon'ble supreme court in air 1968 sc 1186 (the state of madhya pradesh and ors. v. 1. sardar d.k. jadav (in c.a. no. 1244 of 1967), 2. narayan dutta ..... the khanphoi anchal reserve forest was not declared after following the mandatory provisions of assam forest regulation of 1981 and the arunachal pradesh anchal forest reserve (constitution and maintanance) act, 1975. in the affidavit-in-opposition filed by the respondents, the khanpol anchal reserve forest was declared as anchal forest reserve under section 3(i) of the arunachal .....