Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 48 amendment of section 63 Sorted by: old Court: guwahati Page 2 of about 119 results (0.121 seconds)

industrial Co-operative Bank Ltd. Vs. Bhubaneswar Barthakur and ors.

Court : Guwahati

..... such inquiry as it think fit for such purposes.' subsequent sections 7b, 7c and 7d deal with the mode of enquiry. this amendment is in line with the west bengal amendment introduced in the court-fees act by the bengal act i of 1936. the one which is material for our purpose is section 7c whose language is the same as that of section ..... 7a of the assam act. by relying on the amendment of 1936, it was held in mahitosh v. satyarajan, (1949) 53 cal wn 340, that the court is not bound by the valuation put by the plaintiff but it can ..... make enquiry as visualised by that bengal amendment.4. according to me section 7a as inserted by assam act xviii of 1947 changes the complexion of section 7(iv)(c) of the principal act. though section 7(iv)(c) gives liberty to the plaintiff to value the relief as deemed fit by .....

Sri. Jogendra Nama and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... be important for agricultural economic development of the country. hence the reserve bank has approved various schemes for granting rural credit. there, must, therefore be competition among the different commercial banks for granting loans to the rural agriculturists or petty businessmen of the country. in the matter of granting loans by banks, ..... commercial banking law and practice. the commercial banks provide the meeting place for lenders and borrowers. they think primarily of profit-making. they face competition between one another in the matter of business and cannot afford altruism beyond those of its competitors. they are subjected to control and guidance of the ..... for usual types of business.16. the above principles of commercial banking have been embodied in the banking regulation act, 1949 which is an act to consolidate and amend the law relating to banking. section 6 of this act enumerates the forms of business in which banking companies may engage. sub-section (l)(a) includes 'the .....

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 .....

Doom Dooma Tea Co. Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... paid for the assets not connected with the business is not permissible to be deducted. soon after, the second or latter case was decided, under the wealth-tax (amendment) act, 1972, with retrospective effect from april 1, 1962, parliament declared that wealth-tax is prohibited from deduction by adding that sentence in clause (ii)(a) of section ..... we have earlier referred to the two cases wherein wealth-tax paid was allowed and, because of the statute amendment, as on today, it is not allowed to be deducted. we may here point out that the wealth-tax (amendment) act, 1972, does not wipe out the rationale contained in the judgment of the apex court in the case ..... 40a. section 37 permits deduction of expenditure with certain exceptions. the scheme of deductions as found in section 10(2)(xv) after the amendment by the 1939 act of the repealed 1922 act was adopted in the 1961 act. one of us, speaking for the division bench (chief justice) in income-tax reference no. 2 of 1981 (india carbon ltd. .....

Haroocharai Tea Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1990)35ITD590(Gau.)

..... could not be said to be invalid under section 143(3).it was indicated that the assessment order was made after the introduction of section 292b by the taxation laws (amendment) act, 1975. according to the assessee, the cit(a) has wrongly relied on the decision in the case of r. giridhar (supra) as the facts of the present case were ..... participated in them cannot object to the proceedings on the ground that no notice as required under rule 2 of part i of the second schedule to the income-tax act, 1961, had been given. in the present case, the assessee had accepted the said impugned notice and had actually participated in filing the appeal before the cit(a) ..... notice but also the assessee order given to the assessee have not been signed. it is, therefore, urged that in the circumstances, the notice was void and cannot be acted upon. it may be mentioned here that before the cit(a), the assessee had raised submissions in respect of the initiation of the proceedings under section 147 as well as .....

Commissioner of Income-tax Vs. Hardware Exchange

Court : Guwahati

..... prescribed, having regard to the nature and extent of banking facilities available, consideration of business expediency and other relevant factors.'7. sub-section (3) was amended by the direct tax laws (amendment) act, 1987, and, the words 'two thousand five hundred rupees' were substituted by 'ten thousand rupees' with effect from april 1, 1989.8. from ..... a bare reading of the aforesaid provision, it is clear that it has an overriding effect over all other provisions of the act. sub-section (1) ..... bank draft due to (1) exceptional circumstances or unavoidable circumstances. if that is done, section 40a(3) shall not apply to such payments. this clause was amended with effect from april 1, 1970, and two more mitigating circumstances were added, namely, such payment was not practicable having regard to the nature of the .....

Rupajuli Tea Co. (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)38ITD270(Gau.)

..... be taxed as business income, but this loss was nothing as the same arose out of speculation within the meaning of explanation inserted in section 73 of taxation laws (amendment) act, 1975. he was of the view that the assessee was not an investment company nor was it engaged in business of banking or grant of loans and advances ..... the subsequent purchaser from the assessee. the transaction in that particular case was held by the hon'ble court as "speculative transaction" under the provisions of the indian income-tax act, 1922. in the case of madanlal nemani (p.) ltd. v. cit [1976] 105 itr 244 (bom.) noted the facts of that case, in which the assessee ..... the assessing officer pointed out that the principal objects of the assessee was to take over the assets and liabilities of rupajuli tea co. ltd., incorporated under the english companies act and to plant, grow, import, export by sale process etc. of tea, coffee, rubber etc.and other produce of the soil. he noted that the company was engaged .....

Jalannagar Tea Estate (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1991)38ITD281(Gau.)

..... 11 of the united provinces co-operative societies rules, 1936, but there was nothing expressly or impliedly in rule 11 which would confer on the society to amend its bye-laws with retrospective effect and in the absence of such power being conferred either expressly or by implication, it cannot be said that the society ..... that subsequently the state level committee came to a different finding which compel it to withdraw the approval accorded to the society earlier on which the assessee had acted upon. whether the state level committee for integral development has the power to withdraw the approval given earlier or has the power to withdraw such approval with ..... found that the society has violated the conditions for not maintaining proper books of accounts, for not utilising money for approved programme for rural development and merely acting as an agency for supplying certificates under section 35cca(2) on commission and returning the balance to the alleged donors within a day or two of the .....

The Gauhati High Court Vs. the State of Assam and ors.

Court : Guwahati

..... 235 of the constitution. (b) rule 5(4)(c) lays down two methods of appointment to posts in grade iii-- (1) based on the result of the competitive examination to be conducted by the public service commission, and (2) by selection from, among, members of the bar by the high court. since the high court ..... parawise comments on the ground that appeal to the governor was not maintainable. the high court also resolved to request the state government to carry out appropriate amendments to the 1964 rules byreplacing the provision for appeal by a provision for review before the high court. it appears, the then minister for law issued notices ..... special provisions relating to district judiciary or subordinate judiciary. they constitute definite improvement over the parallel provisions contained in sections 254 to 256 of the government of india act, 1935. article 233 deals with appointment, posting and promotion of district judges to be made by the governor in consultation with the high court. article 234 .....

Mohanlal Deb Roy and ors. Vs. State of Tripura and ors.

Court : Guwahati

..... inconsistent with part-iii of the constitution. 16. in the instant case, it is the case of thepetitioner that agreement in question was made on 9-3-1977. the amended act in question got the presidential consent on 30-4-1974 and it was given effect from 1-1-1969. so, from this fact it is clear that the petitioners ..... on behalf of the state of tripura has repelled the contention of mr. deb by drawing my attention to the provision of section 197b(d) of the act which was incorporated by the third amendment act of 1975. section 107b(d) defines the term 'transfer' and according to the definition the word 'transfer' includes lease, mortgage with possession, sale, exchange or ..... . while dealing with this point their lordships held under para 7 of the judgment as follows : 'that section 5, sub-clause (6) of the amended u.p. imposition of ceiling on land holdings act, even if it contravenes the second proviso to clause (1) of article 31a -- a matter on which we do not wish to express any opinion .....