Judgment Search Results Home > Cases Phrase: census act 1948 Court: income tax appellate tribunal itat guwahati Page 5 of about 46 results (0.085 seconds)

income-tax Officer Vs. R.K. Swamy

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)35ITD331(Gau.)

..... the case of the assessee is that the property was owned by the partners jointly as they are partners in the firm and as per partnership act, partners are the owners of the said property and when the partition of the said property was effected, there was no transfer as such to the individual partners so as to give rise to the charge of capital gains etc. ..... cit [1980] 123 itr 659,m which on the facts of that case, it was held that it is now well settled that for the purpose of income-tax act, a firm is a legal entity and is capable of owning capital assets and is liable to tax in respect of a capital gains. ..... to avoid the provisions of karnataka vacantlands in urban area (prohibition of alienation) act, 1975, the partners of the firm effected a partition of the vacant land amongst themselves after obtaining permission from the government in 1982. ..... in a different context under the gift-tax act, in the case of cgt v. ..... to the benefits of partnership in that firm and the share of an existing partner is reduced thereby, the right to the money value of the goodwill stands transferred and the transaction constitutes a "gift" under the gift-tax act.12. .....

income-tax Officer Vs. H.S. Chittaranjan

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1993)45ITD273(Gau.)

..... of his posting or residence.therefore, if any assessee who intends to take the advantage and benefit in respect of any allowance granted to it then he has to come within the provisions of sub-clause (14) of section 10 of the act and this sub-clause (14) clearly specifies that any allowance or special allowance or benefit not being in nature of perquisite within the meaning of clause (2) of section 17 has to be to the extent as may be specified by the central ..... neither the word "casual" nor the word "non-recurring" has been defined under the income-tax act and these words must, therefore, be understood in their plain and ordinary sense.however, the definition of the word "casual" in the oxford universal dictionary means "(i) subject to or produced by chance, accidental ..... to prove by necessary evidence that the income, namely, sda is not to be taxed under the provisions of the act and we do not find any evidence whatsoever which has been led by the assessee in this direction.6. ..... , is an inclusive definition and according to sub-clauses (iiia) and (iiib) to section 2(24) of the act which we are reproducing below, the allowances granted to the assessees are included in the definition of income :- (iiia) any special allowance or benefit, other than perquisite included under ..... the assessee claimed this sda as being exempt under section 10(14) of the act whereas income of such a nature can only be exempted under the said provisions provided that the amount is specified as exempt by the .....

income Tax Officer Vs. Anoj Kumar Agarwalla

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... when the ao came to the conclusion that the signature and thumb impression are different from one and the other he ought to have invoked his power under section 131 of the act and summoned the concerned labourers to appear before him.the ao has not taken any such step either to summon the concerned labourers or to direct the assessee to produce the concerned labourer for ..... that the signatures and thumb impression which are found in different pages differs from each other he ought to have referred the matter to an export by invoking the power under section 131 of the act.without doing so, we are of the considered opinion that the ao has committed a serious error in making an addition on the ground that the signatures are varying.8. ..... the learned authorised representative further submitted that the ao without examining the labourers by invoking his power under section 131 of the act has simply come to the conclusion that if genuine persons had been working there would not be any discrepancy either in signature or ..... learned departmental representative could not say any reason for not invoking the power under section 131 of the act.however, the learned departmental representative submitted that the case may be remanded back to the ao for ..... though the above judgments were under the indian evidence act in respect of civil case, the principles laid down therein can be taken into aid of this tribunal for adjudicating the dispute.the civil judges who were empowered to adjudicate the civil .....

income Tax Officer Vs. Lalit Kumar Agarwalla

Court : Income Tax Appellate Tribunal ITAT Guwahati

..... on appeal, the first appellate authority cancelled the assessment orders on the ground that section 44ad of the act could not be applicable to the assessee and hence the selection made by the ao for scrutiny in null and void. ..... the learned departmental representative submitted that the ao selected all the three cases for scrutiny and after issuing necessary notice under ssection 142(1) and 143(2) of the act the ao has made the assessment orders. ..... in other words, whether the supply of bamboo will be considered to be a work contract or not work contract is not defined in the it act, 1961. ..... so the selection of return for scrutiny does not depend upon the applicability of section 44ad of the act. ..... we have to decide whether the case of the assessee comes within the explanation (b) of section 44ad of the act. .....

Wealth-tax Officer Vs. R.K. Bhattacharjee

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1986)15ITD503(Gau.)

..... now, under section 3 of the wealth-tax act, 1957 ('the act'), wealth-tax is chargeable in respect of net wealth of the assessee. ..... section 6 says that property of any kind may be transferred except as otherwise provided by this act or any other law for the time being in force. ..... 'net wealth' is defined in section 2(m) of the act and it means the amount by which the aggregate value of all the assets belonging to the assessee on the valuation date is in excess of aggregate value of all the debts owed by the assessee on the valuation date. ..... the assessee's right to recover compensation or damages by way of interest for breach of a contract is a mere right to sue and is not an actionable claim and is, therefore, not transferable in view of the clear provisions of section 6(e) of the transfer of property act, 1882. .....

Second Gift-tax Officer Vs. N. Prasanna

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)35ITD597(Gau.)

..... r.kesavan nair [ 1974] 96 itr 365 with emphasis at page 369, in which amongst other things, it was observed that it is obvious that section 4(1)(b) of the gift-tax act is attracted only when there is a transfer stated in the document to be for consideration, but the consideration has not passed and is not intended to be passed either in full or in part and when there is ..... of a firm makes over capital assets which is held by him to a firm as his contribution towards the capital, there was a transfer of capital asset within the meaning of section 45 of the it act, 1961, because an exclusive interest of the partner in personal assets is reduced, on their entry into the firm, into a share interest.16. ..... the gto took action in view of the provisions of section 4(1)(b) of the gt act; whereas the assessee's counsel stresses the point that section 4(1)(b) was not attracted at ..... the decision of the cit(a) who directed the gto not to subject the value of the gift under the provisions of section 4(1)(b) of the gift-tax act holding that the value of the property was exempt under section 5(1)(xiv). ..... was a case of transfer within the meaning of section 2(47) of the it act, the assessee is not to receive any consideration at all in lieu of this ..... the gto considered the provisions of section 2(xii) of the act as well as section 4(1)(b) and subsequently, the gto came to the conclusion that full consideration has not passed to the assessee and consideration that had not passed and not intended to be .....