Court : Guwahati
..... the appellant within a period of three months. before the expiry of three months i. e. sometime in september, 1991 by virtue of the finance act an amendment was introduced in the central excise act incorporating section 11b relating to unjust enrichment. section 11b reads as follows-section 11b. claim for refund of duty (1) any person claiming refund ..... whether the captive consumption of aqua solution of phenol and urea was excisable to central excise duty under the tariff entry of the central excise and salt act, 1944 (now the central excise act). 3. the view taken by the division bench of this court in civil rule no. 3499/1991 filed by the appellant was that urea formalin ..... submissions of the appellant is not well founded. the very fact that the parliament intervened in the matter by introducing section 11b to the central excise act read with proviso. this section clearly suggests that the application filed by the appellant shall be treated as filed under the proviso to section 11b of the .....
Tag this Judgment!Court : Guwahati
..... second case, s. s. gadgil v. lal and co. : [1964]53itr231(sc) again the amendment made to the 1922 act before 1956 and after 1956 were considered in the light of the provisions of the finance act, 1956. the income-tax officer commenced the proceedings on march 27, 1957, when the period expired on march 31, 1956. ..... 9, 1973, and, therefore, we hold the proceedings are barred.17. to sum up, assessment orders are to be completed within the normal period prescribed under the act. whenever assessees are informed of concealment of income, from that date the assessment, proceedings 'fall' in the larger period of eight years. such information to the ..... grammar schools for their ability and aptitude. the rest were to be admitted without reference to ability or aptitude. the question in the case arose under the education act, 1944, wherein a provision contained the two words 'satisfaction' and 'unreasonable'. the case has a wealth of information as to the interpretation of the word 'unreasonable .....
Tag this Judgment!Court : Guwahati
..... 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 ..... by the assessee after the 28th day of february, 1970, on the maintenance of any residential accommodation. drawing our attention to section 37(5) of the act, mr. joshi emphatically submits that the nature and not the name of a house is relevant. merely for calling a house to be director's bungalow the ..... 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 by the assessing officer. .....
Tag this Judgment!Court : Guwahati
..... the enactments relating to indian income-tax.11. agricultural income-tax, according to the act, means tax payable under this act. under section 3 of the act, agricultural income-tax is chargeable at the rate or rates specified in the annual assam finance acts subject to the provisions of section 6 for each financial year in accordance with ..... year. agricultural income is exempt from taxation under the income-tax act. it is not included in the ..... and subject to the provisions of the act on the total agricultural income of the previous .....
Tag this Judgment!Court : Guwahati
..... of the enactments relating to indian income-tax."agricultural income-tax, according to the act, means tax payable under this act. under section 3 of the act, agricultural income-tax is chargeable at the rate specified in the annual assam finance acts subject to the provisions of sections 6 for each financial year in accordance with and ..... subject to the act on the total agricultural income of the previous years. agricultural income is exempt from taxation under the income-tax act. it is not included in the total ..... . it results in some diminution of the capital, however small. the receipts in these circumstances ought to be treated as capital receipts.the assam agricultural income-tax act defines agricultural income as follow :- "(a) agricultural income means - (1) any rent or revenue derived from land which is used for agricultural purposes, and .....
Tag this Judgment!Court : Guwahati
..... even this decision of the supreme court has not examined the matter in the context of the explanation to section 271(1)(c), which was inserted by the finance act, 1964, and was holding the field at the relevant time. the material portion of the explanation reads : ' explanation,--where the total income returned by any person ..... harilal : [1979]120itr752(guj) , cited by shri bhatra, in this connection. that was also a case where, under the deeming provision of section 69a of the act, the assessee was assessed on a sum of rs. 60,000. a penal proceeding had also been initiated wherein the assessee concerned denied that the addition represented his concealed ..... the order of confirmation of penalty is not sustainable because the assesseehad not been given a reasonable opportunity of being heard as required by section 274(1) of the act; and (iii) that, on the facts and circumstances of the case, the assessee cannot be said to have concealed the particulars of his income or furnished inaccurate .....
Tag this Judgment!Court : Guwahati
..... time limit for completion of assessment and reassessment has been set out in section 153 of the act of 1961. in order to expedite the disposal of the assessment proceedings during the relevant time, amendment was made by the finance act of 1968, effecting a phased reduction in the time limit from four years to two years as indicated ..... in sub-clauses (i), (ii) and (iii) of clause (a) to sub-section (1) of section 153 of the act of 1961. however, in those cases wherein the asses ..... his satisfaction for extending the period of limitation. the tribunal accepted the finding of the assessing officer. in these circumstances, it cannot be said that the assessing officer acted illegally in extending the period of limitation for assessment. the assessment was made march 31, 1989, i.e., within the period of eight years and in the .....
Tag this Judgment!Court : Guwahati
..... be charged for each financial year in accordance with, and subject to, the provisions of this act on the total agricultural income of the previous year of every individual, hindu undivided or ..... to refer to the relevant provisions of the act as well as of the income-tax act in this connection. section 3 of the act is the charging section and is in the following words :"3. agricultural income-tax at the rate or rates specified in the annual assam finance acts subject to the provisions of section 6 shall ..... individual partners who constitution the firm ?(2) whether, from the facts and circumstances of the case, the provisions of section 13 of the assam agricultural income-tax act, 1939, are applicable to the chandypore tea estate ?"this reference was apparently made at the instance of the chandypore tea estate, hereinafter referred to as the "petitioner .....
Tag this Judgment!Court : Guwahati
..... up to march 31, 1965, and then as substituted with effect from april 1, 1965, by section 18 of the wealth-tax (amendment) act, 1964, and with effect from april 1, 1969, by section 24 of the finance act, 1969, in the view that the default was a continuing one (2) whether, on the facts and in the circumstances of the case, ..... dismissed the appeals, by its consolidated order, dated february 28, 1976, and confirmed the penalties imposed on the assessee. penalties were calculated for the assessment years 1964-65 to 1968-69, in accordance with law as amended from time to time, in the view that the default was a continuing one. 3. question no. 1 is covered by the ..... , as showing contumacious conduct of the assessee that she consciously disregarded the provisions of law, viz., (a) she defaulted to file returns for the assessment years 1964-65 to 1968-69, despite valid service of notice on her husband, and (b) she has also defaulted to file the return for the subsequent year 1969-70, within 35 days of .....
Tag this Judgment!Court : Guwahati
..... of bombay, air 1940 bom 65 (fb) the question arose about the validity of the urban immoveable property tax levied by section 22 forming part of part 6 bombay finance act. it was observed by kania, j. as he then was as follows : 'the crucial question is this : is the tax on the lands and buildings or ..... water charges imposed by the bombay municipal corporation was challenged. dealing with the argument that there was no legislative competence to enact the particular provision of the corporation act, it was observed by chief justice chagla as follows : 'turning to the first ground, the competence of the legislature must clearly be looked art from the ..... . the local board has to construct, repair and maintain roads, embankments, bridges, water-channels and other works of communication under section 40 of the act. section 66 of the act makes it obligatory for the board to establish, maintain and manage all middle vernacular schools under public management within the sub-division and also to bear .....
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