Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Court: guwahati Year: 1996 Page 1 of about 2 results (0.210 seconds)

Bezbaruah Tea Co. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... not correct in holding that 51 per cent. of the total composite income of a particular tea company should be taken within the scope of section 2(7)(c) of the finance act, 1982, to enable the assessee-company to receive the lower rate. at this stage, mr. joshi, has drawn our attention that the assessee ..... comes within the meaning of manufacturer of goods because tea is grown and manufactured. the expression 'mainly' has been explained in the explanation to section 2(7)(c) of the finance act, 1982. as per the provisions of law contemplated under the said explanation, a company (industrial company), shall be deemed to be mainly engaged in ..... entire activities should be taken into consideration for determining as an industrial company. learned counsel for the assessee-company had drawn our attention to section 2(7)(c) of chapter ii of the finance act, 1982, where industrial company has been defined as follows : ' 'industrial company' means a company which is mainly engaged in the business .....

Commissioner of Income-tax Vs. Bharat Bamboo and Timber Suppliers

Court : Guwahati

..... : 'whether, on the facts and in the circumstances of the case and in view of the explanation 2 to section 43b as inserted by the finance act, 1989, giving retrospective effect from april 1, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax ..... amount paid even after the close of the accounting period but before the due date of filing the return of income under section 139(1) of the ..... income-tax act, 1961 ?'2. we have heard mr. g.k. joshi, senior standing counsel for the income-tax department, and dr. a.k. saraf, counsel for the assessee. dr .....

Commissioner of Income-tax Vs. Associated Flour Mills P. Ltd.

Court : Guwahati

..... in the premises of the assessee ? (2) whether, on the facts and in the circumstances of the case and in view of insertion of explanation 2 to section 43b by the finance act, 1989, with retrospective effect from april 1, 1984, the tribunal was justified in law in directing that the outstanding liability of sales tax, professional tax and municipal ..... tax be allowed if paid by the statutory dates for payment fixed by the respective state law or if paid prior to filing of return as per section 139(1) of the income-tax act ..... 1. the following questions have been referred by the tribunal at the instance of the revenue under section 256(1) of the income-tax act, 1961 : '(1) whether, on the facts and in the circumstances of the case, the tribunal has erred in law in allowing depreciation on the temple building .....

Commissioner of Income-tax Vs. Hotel Belle Vue (P.) Ltd.

Court : Guwahati

..... of learned counsel for the parties it will be apposite on our part to look into the relevant provisions of section 32a of the act. section 32a of the act deals with the investment allowance. this provision was inserted by the finance act, 1976, and it came into force with effect from april 1, 1976. this provision has been incorporated in ..... of any article or thing, is now well-settled in view of the decisions of various high court. the word 'manufacture' has not been defined in the finance act. in its ordinary meaning 'manufacture' is a process by which an alteration or change takes place in the goods which are subjected to such manufacture and brought ..... the act with the sole view to give benefit to certain industries in respect of investment allowance, however, there is a proviso to this section. as per the proviso certain investments .....

Ampee Industries (P) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... (10), which was incorporated by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from april 1, 1986, and later on deleted by finance act, 1990, with effect from april 1, 1990. as per the provisions of sections 139(10) of the act, the return of income which shows the total income below the maximum amount which is not ..... of assessment. 7. before we decide the matter in controversy, it will be apposite to look to some of the provisions of section 139 of the act. 8. as per sub-section (1) of section 139 of the act, every person, if his total income or the total income of any other person in respect of which he is assessable under ..... in the prescribed manner and containing such other particulars as may be prescribed, and all the provisions of this act shall apply as if it were a return under sub-section (1). sub-section (10) of section 139 of the act provides that a return of income which shows the total income below the maximum amount which is not chargeable to .....

Commissioner of Income Tax Vs. Bharat Bamboo and Timber Suppliers.

Court : Guwahati

..... :'whether, on the facts and in the circumstances of the case and in view of the expln. 2 to s. 43b as inserted by the finance act, 1989, giving retrospective effect from 1st april, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax ..... amount paid even after the close of the accounting period but before the due date of filing the return of income under s. 139(1) of the it act, 1961 ?'2. we have heard mr. g. k. joshi, senior standing counsel for the it. department, and dr. a. k. saraf, counsel for the assessee. dr. a. k. saraf submits .....

Commissioner of Income Tax Vs. Bharat Bamboo and Timber Suppliers.

Court : Guwahati

Reported in : (1998)146CTR(Gau)487

..... :'whether, on the facts and in the circumstances of the case and in view of the expln. 2 to s. 43b as inserted by the finance act, 1989, giving retrospective effect from 1st april, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax ..... amount paid even after the close of the accounting period but before the due date of filing the return of income under s. 139(1) of the it act, 1961 ?'2. we have heard mr. g. k. joshi, senior standing counsel for the it. department, and dr. a. k. saraf, counsel for the assessee. dr. a. k. saraf submits .....

Commissioner of Income-tax Vs. Bahadur Tea Co. (P.) Ltd.

Court : Guwahati

..... decision in cit v. parshva properties ltd : [1987]164itr673(cal) which was rendered before the enactment of sub-section (5) of section 37 of the act. sub-section (5) of section 37 has been inserted in the finance act, 1983, with retrospective effect from april 1, 1979. this provision is only explanatory in nature. the decision ..... in cit v. parshva properties ltd. : [1987]164itr673(cal) was rendered on january 14, 1986, when the provision of sub-section (5) of section ..... assessing officer disallowed those expenses holding that the expenses were pertaining to a guest house and, therefore, such allowances were not maintainable under section 37(4) of the act. the matter was taken up before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) confirmed the order passed .....

Assam Carbon Products Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... 31, 1984. as the amount was not paid within time, the assessing officer disallowed the same following the provisions of section 43b read with explanation 2 to the said section which was inserted by the finance act, 1989, with retrospective effect from april 1, 1984. being aggrieved by the order of the assessing officer, the assessee ..... approached the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) deleted the disallowance of rs. 4,82,737 under section 43b. the ..... saraf, learned counsel for the assessee, submits that the tribunal had no authority and jurisdiction to remand the matter for initiation of a proceeding under section 215 of the act for charging interest inasmuch as this was not the subject-matter of the appeal before the tribunal. dr. saraf also submits that the necessary .....

Assam Salt Merchant's Association Vs. State of Assam and Anr.

Court : Guwahati

..... strength and independence of each of its organs. legislature and executive, the two facets of people's will, they have all the powers including that of finance. judiciary has no power over sword or the purse nonetheless it has power to ensure that the aforesaid two main organs of state function within the constitutional ..... authority in commercial/contractual transactions of state or its instrumentality is open to judicial review -- decision making process is open to judicial review. the court cannot act as an appellate authority, but if the process is violative of article 14 the court can strike down the decision and action taken pursuant thereto.' the court ..... statutory independent body' obviously mean that the state legislature must enact a law in this respect. the constitution has laid down elaborate procedure for the legislature to act thereunder. the legislature is supreme in its own sphere under the constitution. it is solely for the legislature to consider as to when and in respect, .....