Court : Guwahati
Decided on : Jan-12-1973
..... hindu undivided family, as the case may be, is not resident in india or resident but not ordinarily resident in india, within the meaning of the income-tax act.' 8. sections 14 and 15 are in the following terms : '14. return of wealth.--(1) every person, if his net wealth or the net wealth of any other ..... not liable to pay the wealth-tax since it is not covered by the expressions 'individual', 'hindu undivided family' and 'company', which alone, according to section 3 of the act, are chargeable to wealth-tax. 3. in their counter-affidavit the respondents challenged the maintainability' of the writ petition on the score that the corporation had not ..... the making of the present petition can be briefly summarised. on january 23, 1968, the wealth-tax officer, ward-a, shillong, issued a notice under section 17 of the act communicating to the corporation that the net wealth of the corporation chargeable to tax for the assessment year 1959-60 had escaped assessment and requiring the corporation .....
Tag this Judgment!Court : Guwahati
Decided on : Feb-23-1973
..... for the proper determination of the question that arises for consideration. we have to decide this question on the scheme and provisions of the act and particularly of the provisions of section 10 while considering the challenge made against the impugned provision under article 14 of the constitution.6. after making the above general observations, ..... set-up and to give a fillip for advancement of trade, business, profession, occupation or vocation within the specified areas. i say that section 10(26) of the income-tax act, 1961, in any view of the matter, is not liable to be struck down as illegal and ultra vires.'3. before proceeding further, ..... is, therefore, concerned with only persons who are chargeable to tax in accordance with the rates prescribed by the central act of the relevant year. section 4 is again subject to other provisions of the act, which includes section 10. the argument, therefore, that a marginal assessee, like the petitioner, with a low level of chargeable income .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-25-1973
..... is devoid of substance.5. with regard to the second submission, which is really an alternative one, we may read the definition of 'goods' in section 2(4) of the act.'goods' means all kinds of movable property other than newspapers, actionable claims, stocks, shares or securities, and includes all materials, articles and commodities, ..... containers. meat and vegetables (but not onion, garlic, spices and condiments).it is clear that the above item 11 lists the particular goods exempted under section 7 of the act and the conditions and exceptions subject to which exemptions are allowed appear to be 'except when sold in sealed containers'. the exception specified in the item ..... question before us. the petitioner in response to the notice of the superintendent did not submit any return. that led to the present assessment order under section 19 of the act. hence this writ application.3. mr. bezbarua, the learned counsel for the petitioner, firstly submits that 'meat' is exempted from sales tax as .....
Tag this Judgment!Court : Guwahati
Decided on : Sep-11-1973
..... a contract between them for the preparation of the garment.11. it looks appropriate to refer to the definition of the expression 'sale price' given in section 2(13) of the act, for we feel it has relevancy to the assessment of the garments prepared on order. the definition clause reads as under: 'sale price' means the ..... parts, which we may mention as 'meaning definition' and 'inclusive definition' and their fields of operation are distinctly different. the expression 'contract' is defined in section 2(2) of the act. to mean, inter alia, any agreement for carrying out for cash or deferred payment or other valuable consideration the preparation of any movable property. therefore, the ..... thumb. each individual transaction will have to be looked into with a view to determine its true nature.10. the expression 'sale' is defined in section 2(12) of the act and that definition, we feel, would be of considerable help in determining whether the piece of cloth of which the garment to order is made had .....
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