Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 4 amendment of section 5 Court: guwahati Page 4 of about 979 results (0.446 seconds)

Assam Frontier Tea Ltd. Vs. Assistant Commissioner of Taxes and ors.

Court : Guwahati

..... of deduction on and from the assessment year 1990-91. however, since the said amendment was not retrospective nor did it apply for the assessment year 1984-85, the said ..... of such provision under the state act, the contribution and/or expenditure made by the petitioner is very much allowable. as a matter of fact, dr. saraf submits that in order to prevent claiming of the said expenditure the state legislature passed the assam taxation laws (third amendment) act, 1989, thereby prohibiting the allowance ..... ltd. v. state of u. p. : [1971]1scr426 , while interpreting the provisions of section 6(2)(b)(iv) of the uttar pradesh agricultural income-tax act, 1948, the supreme court was pleased to hold that expenses for raising crops include expenses incurred for management, supervision, organisation, etc. such expenditure is allowable. the .....

Assam Frontier Tea Ltd. Vs. Assistant Commissioner of Taxes and ors.

Court : Guwahati

Reported in : (1997)139CTR(Gau)64

..... of deduction on and from the asst. yr. 1990-91. however, since the said amendment was not retrospective nor did it apply for the asst. yr. 1984-85, the said ..... of such provision under the state act, the contribution and/or expenditure made by the petitioner is very much allowable. as a matter of fact, dr. saraf submits that in order to prevent claiming of the said expenditure the state legislature passed the assam taxation laws (third amendment) act, 1989, thereby prohibiting the allowance ..... , though advance his argument that medical and school facilities provided to the workers and their families by the management is allowable expenditure under s. 37 of the it act, 1961, and like provisions in other statutes, they go no further. the supreme court and other high courts have specifically restricted such expenditure to the extent .....

Dy. Cit Vs. George Williamson (Assam) Ltd.

Court : Guwahati

..... .e., being inclusive of excise duty. in the process, the assessee was able to achieve a sale-price, which was more competitive than its rival in the trade and that too at the cost of depriving the revenue of its dues. it was in this ..... take effect. the theory of sale and lease back has not been invented by the assessee. in fact, by virtue of the amendment brought in section 43(1), explanation 4a was inserted by which sale and lease back has been accepted by the legislature. the ..... this regard at per pp. 41 and 42 of the paper book. in a recent amendment made to section 43(1) of the act, explanation 4a was inserted by finance (no. 2) act of 1966 with effect from 1-10-1966. by the aforesaid explanation it was provided ..... has been changed but since there was compliance of all the conditions for the purpose of allowing deduction under section 80hhc of the act, relief was allowed to the assessee. against that finding, the revenue is in appeal.17. the learned departmental representative has supported .....

Assistant Commissioner of Income Vs. Tea Agency Trading Centre

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)88ITD96(Gau.)

..... . the learned am had not taken into consideration the provisions of section 43(6)(c) incorporated w.e.f. 1st april, 1988, by the taxation laws (amendment & miscellaneous provisions) act, 1986. the learned jm has opined that such a provision is attracted and the written down value of the respective block of asset has got to be adjusted ..... as to whether the assessee's case falls under section 43 of the it act. the taxation laws (amendment and miscellaneous provisions) act, 1986, has introduced w.e.f. 1st april, 1988, a new scheme of depreciation allowance under which the depreciation is to be allowed in ..... the money received under the insurance policy was brought to tax as capital gain under section 45(1a) of the act. since the case before us is for the asst. yr. 1993-94 the amendment made by the finance act, 1999, is not applicable and accordingly the assessee is not liable to pay capital gains tax.now, the issue remains .....

income Tax Officer Vs. Patkai Mining and Engg. Co. (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2002)82ITD109(Gau.)

..... march, 1989 issued by the department of company affairs, new delhi, on the subject. in the clarification provisions relating to depreciation under the companies act, 1956, as amended by the companies (amendment) act, 1988, it has been clarified as under: "it may be clarified that the rates as contained in schedule xiv should be viewed as ..... no. 2. after extracting the relevant findings of the learned cit(a) and referring to the legal proposition that the appellate authorities created under the it act have to interpret the entire provisions harmoniously, he has pointed out that the very words used by the first appellate authority to treat the provisions of ..... other words, the quantum of unabsorbed depreciation, investment allowances, unabsorbed losses, etc. for the purpose of carrying forward has to be under the provisions of the act irrespective of the quantum of income determined under section 115j(1). thus, sub-section (2) of section 115j enacts a saving provision and in effect nullifies .....

Sookerating Tea Company (P.) Ltd. Vs. Commissioner of Income-tax and a ...

Court : Guwahati

..... class of assessees, the due dates are september 15, december 15, and march 15. we see in the act or in the rules that the words 'advance tax' are not defined. in section 207, however, after the direct tax laws (amendment) act, 1987, liability to pay advance tax is set out. 'section 207. liability for payment of advance tax.-- ..... be chargeable to tax for the assessment year immediately following that financial year, such income being hereafter in this chapter referred to as 'current income'.' 11. before the amendment, section 207 reads as under : 'section 207. advance tax and income subject to advance tax.--(1) tax shall be payable in advance in accordance with the provisions ..... but were paid during the financial year before march 31, and, therefore, rs. 38,354 should not have been omitted for charging interest under section 139 of the act. 7. we extract the following passage from para 2 of the impugned order of the commissioner to show what was the contention. 'the petitioner's case is that .....

S.S. Photographic Lab. Pvt. Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... rule no. 4736 of 1997 photovisual (assam) private limited v. commissioner of taxes.8. the learned additional advocate-general per contra has argued that following the constitution (forty-sixth amendment) act, 1982, clause (29a) of article 366 was inserted defining 'tax on sale or purchase of goods' to mean amongst others, a tax on the transfer of property in ..... a bearing on the issues to be adjudicated upon. clause (29a) of article 366 of the constitution of india inserted by the constitution (46th amendment) act, 1982 is extracted hereinbelow :article 366(29a).... 'tax on the sale or purchase of goods, includes...(b) a tax on the transfer of property in goods ( ..... best of his judgment, assessment of tax payable by such dealer.15. a combined reading of the provisions of the constitution and the act, referred to above, makes it abundantly clear that with the 46th amendment of the constitution, a levy on the transfer of property in goods (whether as goods or in some other form), involved in .....

Sarada Plywood Industries Ltd. Vs. Union of India (Uoi)

Court : Guwahati

..... and were arrived at on purely commercial basis.''47. from what has gone before we consider that the true position under the central excises and salt act, 1944 as amended by act xxii of 1973 can be set forth as follows :-(i) the price at which the excisable goods are ordinarily sold by the assessee to a buyer ..... :-'4. determination of value for the purpose of duty. - where under the act, any article is chargeable with duty at a rate dependent on the ..... accordance with the provisions of section 4 of the act. section 4 of the act stipulates the various methods for determination of the value of excisable goods for the purpose of assessment to excise duty and the said section both amended and non-amended are quoted below :-section 4 before its amendment by act xxii of 1973, section 4 read as follows .....

Badshah Khan Vs. Commissioner of Wealth-tax

Court : Guwahati

..... subject to certain conditions as to the powers of the wto or the tribunal. between april 1, 1965, to march 31, 1969, the measure of penalty was altered by the amendment act of 1964 and the penalty imposable was a sum equivalent to 2% of the tax for every month during which the default continued but not exceeding in the aggregate 50 ..... the learned tribunal held that 'the wrong' or 'the offence' was a continuing wrong and the assessee should be liable to penalty up to march 31, 1969, according to the act as amended by the w.t. (amend.) act, 1964, but the penalty leviable on the assessee from april 1, 1969, should be at the enhanced rate imposed by the finance ..... , and thereafter under section 18(1)(i) as substituted by section 24 of the finance act, 1969 ' sections 14, 15 and 18 of the w.t. act were amended on and from april 1, 1965, by the w.t. (amend.) act, 1964, and again amended by the finance act, 1969, which came into force from april 1, 1969. section 14 has not undergone any striking .....

Management of Assam Tribune Pvt. Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... employees. besides, there is also no amendment to the act of 1955 providing computation of the ..... more particularly, when the payment of gratuity act, 1972 is not applicable to the case of the respondent no. 3. both the acts i.e. the act of 1955 and the act of 1972 are self contained and self sufficient acts. no amendment has been brought to the act of 1955 providing that the act of 1972 will be applicable to the newspaper ..... period of 26 days a month as in the case of payment of gratuity act. accordingly, the .....