Court : Guwahati
..... removal should be ascertainable and merely because only a small quantity of goods are sold at the factory gate, would not disentitle the petitioner company from clearing their goods on payment of duty by making assessment under section 4(i)(a) of the act.it was within the knowledge of the respondents that the petitioner company used to sell about 85% to 90% of the goods manufactured through different sale depots and at all relevant times, it was within ..... goods manufactured by its factory at joypore to wholesale buyers at the factory gate at joypore whereas the remaining goods are sold by the petitioner company to a similar class of wholesale buyers throughout the country from the various sale depots set up by the petitioner company in calcutta, delhi, bombay, ahmedabad, madras, kanpur, visakapatam and such other cities and naturally the prices of the products are different from ..... where the manufacturing cost and manufacturing profit on which excise duty is to be levied is known even though goods are removed to sales office, then section 4(2) of the act will be clearly applicable, [ ..... state transport appellate tribunal, air 1964 sc 1573 and the supreme court has pointed out as follows :-'that apart we are clearly of the opinion that even if the question of the legality of the direction issued by the board had not been taken before the authorities under this act, as that direction completely vitiated the proceedings and makes a mockery of the judicial process, we think we ought to .....
Tag this Judgment!Court : Guwahati
..... court reiterated the legal position that two conditions must be satisfied in order to conferjurisdiction on the income-tax officer to issue notice under section 34 of the indian income-tax act, 1922, namely, (i) the income-tax officer must have reason to believe that income, profits or gains chargeable to income-tax had been underassessed ; and (ii) he must have reason to believe that such underassessment had occurred by reason of either, (a) omission or failure on ..... the tribunal was justified in law in setting aside the order of the appellate assistant commissioner of income-tax cancelling the reassessment orders passed by the income-tax officer in ignorance of section 144b of the act and in directing the income-tax officer to resort to the provisions of section 144b afresh instead of annulling and/or cancelling the reassessment orders and without also taking into consideration the legal bar of limitation for ..... the decision of the appellate assistant commissioner in hapjan purbat tea company was not any new information because even before the decision of the appellate assistant commissioner, the income-tax officer assessing that company had held the income from the sale of trees as being ..... : [1964]52itr583(sc) wherein it was held that 'it is well-settled that a wrong reference to the power under which action was taken by the government would not per se vitiate that action if it could be justified under some other power under which the government could lawfully do that act'. .....
Tag this Judgment!Court : Guwahati
..... 's contention is that, in view of the facts stated before, the impugned notice can never come within the ambit of clause (a) of section 147 of the act, inasmuch as the petitioner during the assessment year disclosed fully and truly all material facts necessary for his assessment for that year and there was no failure in ..... from annexure 'b' to the affidavit-in-opposition filed on behalf of the respondent, it will be found that in the course of the proceedings for the assessment year 1964-65, a scrutiny was made regarding the large number of cash credits introduced in the names of 'hundi' dealers of calcutta and bombay and it was found that there are ..... their lordships in this case have, inter alia, held as follows: 'to confer jurisdiction under this section (section 34(1)(a) of the income-tax act, 1922/section 147(a) of the act) to issue notice in respect of assessments beyond the period of four years, but within a period of eight years, from the end of the ..... we are of the view that, if the income-tax officer has reason to believe, in the circumstances as stated in section 147 of the act, that income has escaped assessment and within his jurisdiction he honestly acts on such belief, this court will not exercise its jurisdiction under a writ petition; nor will the court quash by a writ of certiorari an order of assessment made under this section merely ..... officer must have reason to believe that income, profits or gains chargeable to income-tax have been ..... officer, companies district .....
Tag this Judgment!Court : Guwahati
..... department has submitted that although the test applied by the commissioner, namely, that the petitioner must be a dealer in government securities in order to come within the scope of section 81 of the act, may be wrong, the commissioner was not incorrect in coming to the conclusion he did, inasmuch as there was nothing before the commissioner to indicate or to support the petitioner's contention that the ..... provided that, in the case of a co-operative society which is also engaged in activities other than those mentioned in this clause, nothingcontained herein shall apply to that part of its profits and gains as is attributable to such activities and as exceeds fifteen thousand rupees; (ii) in respect of so much of the profits and gains of business carried on by it as docs not exceed fifteen thousand rupees, if it is a co-operative society other than a co-operative society referred to in clause ..... from the order of the commissioner that he came to his finding on a complete misconception of the relevant provisions of law, that is, section 81(i)(a) of the act, which provided that income-tax shall not be payable by a co-operative society in respect of profits and gains of business carried on by it, if it is a society engaged in carrying on the business of banking or providing credit facilities to its ..... the commissioner held : 'to claim that securities are part of trading assets, the company must show that it is dealing in securities as an integral part of its business ..... 1964 .....
Tag this Judgment!Court : Guwahati
..... contention is that the certificate dated april 12, 1954, issued by the income-tax officer was barred under section 46(7) of the indian income-tax act, 1922, 'because the proceeding was not started within one year of making the relevant demand', (vide para 16 of the writ petition). 10 ..... no manner of doubt that on withdrawal or cancellation of a recovery certificate by the income-tax officer acting under section 224 of the income-tax act, 1961, for short 'the act'', the tax recovery officer cannot continue with the recovery proceedings against an assessee. ..... first, that the income-tax officer in exercise of his power under section 224 of the income-tax act, 1961, had withdrawn or cancelled the certificate dated april 12, 1954, and on the basis thereof, the tax recovery officer dropped the proceedings by his order dated september 28, 1966, marked annexure 'b' and, ..... contention of the petitioner is that the recovery certificate dated april 12, 1954, was barred under section 46(7) of 'the old act' because the proceeding was not started within one year of making the relevant demand. ..... the tax recovery officer have categorically stated that the order dated september 28, 1966, dropping the proceedings against the petitioner was in respect of the proceedings relating to demand under the excess profits tax in his capacity as partner of 'the firm'. ..... [1965]3scr71 tata engineering and locomotive company ltd. v. ..... dube, sto, : [1964]1scr481 and gita devi ..... : [1964]6scr654 . ..... : [1964]51itr823(sc) sto .....
Tag this Judgment!Court : Guwahati
..... petitioner have been utilised for loans and investments in an unauthorised manner in violation of the provisions of the companies act and the articles of association of the company and that the directors of the company have caused the company to enter into contract with associate companies which is illegal as per the companies act; that the details were not placed before the board for approval and necessary permission of the central government ..... or any of the powers conferred on a licensee by sub-section (1) of section 12 of the indian electricity act, 1910 (9 of 1910),as if-- (i) the reference therein to licensee were a reference to the generating company;(ii) the reference to the terms and conditions of licence were a reference to the provisions of this act and to the articles of association of the generating company; and(iii) the reference to the area of supply were a reference to the area specfied under sub-section ..... license in any of the following cases, namely :-- (a) where the licensee, in the opinion of the state government, makes wilful and unreasonably prolonged default in doing anything required of him by or under this act;(b) where the licensee breaks any of the terms or conditions of his license the breach of which is expressly declared by such license to render it liable to revocation;(c) where the licensee fails, within the period ..... company arising under its articles of association, measured by a sum of money for the purpose of liability, and by a share in the profit .....
Tag this Judgment!Court : Guwahati
..... that the civil courts have jurisdiction to examine cases in which the customs authority has not complied with the provisions of the statute or the officer of customs has not acted in conformity with the fundamental principles of judicial procedure or the authority has acted in violation of the fundamental principles of judicial procedure or he has made an order which is not within his competence or the statute which imposes liability is unconstitutional, or where the ..... out of an application under article 226 of the constitution of india and the case arose out of a liability to pay tax under the madhya bharat sales tax act and the supreme court in that case considered what is the power of a writ court to give consequential relief having found that the levy of the tax ..... in that case the court was considering the royalty being levied under the mines and minerals (regulation and development) act and in that particular case the court found that there was no special remedy provided for refund of the amount ..... follows :the plaintiff is a company under companies act, 1956. ..... the learned judge held that the benefit of section 72 of the contract act shall be available to the plaintiff and in deciding this issue the learned ..... the claim of the plaintiff for refund of the amount was rejected by the assistant collector of the customs and central excise under section 35 (sic) of the central excises and salt act, 1944, and appeal lies to the collector, central excise (appeals). ..... (i) air 1964 sc 1006 .....
Tag this Judgment!Court : Guwahati
..... ; or(b) where such certificate has already been obtained, until the entire amount payable on applications for shares in respect of the minimum subscription has been received by the company,and where such amount has not been received by the company within the time on the expiry of which the moneys received from the applicants for shares are required to be repaid without interest under sub-section (5), all moneys ..... in due course refunded to the applicants in terms of the conditions of the prospectus and the provisions of section 73 of the companies act, 1956, within the stipulated period, namely, during the first half of the month of february, 1962.4. ..... shares shall be forthwith repaid to them without interest; and if any such money is not so repaid within one hundred and thirty days after the issue of the prospectus, the directors of the company shall be jointly and severally liable to repay that money with interest at the rate of six per cent. ..... condition was mentioned with respect to such surplus money received ;' where an application is rejected or not accepted in full, the whole or any balance of the application money will, subject to provisions of section 73 of the companies act, 1956, be refunded within eight weeks from the closure of the subscription list.'3. ..... , as stated above, and also duly credited to the profit and loss account of the company for the said accounting year was income liable to tax.5 ..... commissioner of income-tax : [1964]52itr915(kar) and commissioner of income-tax .....
Tag this Judgment!Court : Guwahati
..... since the science of the identification of handwriting by comparison is not an infallible one, prudence demands that before acting on such opinion, the court should be fully satisfied about the authorship of the admitted writing which is made the sole basis for comparison and the courts should also be fully satisfied about the competence ..... it clear that the court does not exceed its power under section 73 of the evidence act if in the interest of justice, it directs a person appearing before it whether it is civil or criminal court to give a sample writing to enable the same to be compared by handwriting expert because even in adopting such course the purpose is to enable the court to ..... under section 45g of the banking companies act, 1949. ..... of an offence' in article 20(3) indicates that the protection of this clause, is confined to criminal proceeding or proceeding of that nature before a court of law or other tribunal before whom a person may be accused of an offence as defined in section 3(38) of the general clauses act, that is, an act punishable under the penal code or in special or local law (see nokbul v. ..... thereafter the learned judge by exercising the power under section 73 of the evidence act compared the signature in exhibit-ka and he held as follows :-- 'so i cannot believe that plaintiff no. ..... a person examined under section 171-a, sea customs act (see air 1964 sc 1552, joseph v. .....
Tag this Judgment!Court : Guwahati
..... insurer is not separately shown, that the tribunal failed to consider the plea of the insurer that in case of failure to observe the terms and conditions of the policy, or violation of the provisions of the act, the insurer cannot be held liable, that in any event, the insurer cannot be held liable since on the date of the accident the driver had no valid driving licence, that the quantification of the compensation ..... in hemendra dutta choudhury's case, (1987) 2 glr 450, a view was taken that the insured who is indemnified by the insurer is not a 'person aggrieved' within the meaning of section 110-d of the 1939 act (section 173 of the 1988 act) and hence could not file an appeal challenging the findings regarding the negligence or the quantum of compensation and if the insurer is held to have no right of appeal, it would amount to denial of fair play ..... for a view which will relieve the distress and misery of the victims of accidents or their dependents on the one and and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by him by way of business activity, there is hardly any choice.' 8. ..... be defeated by the incorporation of exclusion clauses other than those authorised by section 96 and by providing that except and save to the extent permitted by section 96 it will be the obligation of the insurance company to satisfy the judgment obtained against the persons insured against third party risks. ..... air 1964 sc .....
Tag this Judgment!