Judgment Search Results Home > Cases Phrase: finance act 1968 Court: guwahati Page 5 of about 1,201 results (0.039 seconds)

Mechfield Industries Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... . mahanta, learned government advocate appearing for the state.2. the petitioner before us m/s. mechfield industries was a registered dealer under the assam sales tax act, 1947 and assam finance (sales tax) act, 1956. for the periods ending september 30, 1981, march 31, 1982, september 30, 1982, march 31, 1983 and september 30, 1983 the petitioner ..... made. the assessment for the period september 30, 1983 was completed by the superintendent of taxes, unit-d, guwahati, under section 9(3) of the assam finance (sales tax) act, 1956 on march 15, 1984. thereafter, the deputy commissioner of taxes, guwahati, zone-c, vide letter dated december 1, 1997 issued show cause notice to ..... taxes for the periods ending september 30, 1981, march 31, 1982, september 30, 1982, march 31, 1983 and september 30, 1983 under the assam finance (sales tax) act, 1956 are erroneous in so far as it was prejudicial to the interest of the revenue, you are therefore asked to appear before the undersigned on december 15 .....

Commissioner of Income-tax Vs. Veneer Mills Pvt. Ltd.

Court : Guwahati

..... previous year corresponding to the assessment year 1977-78, the assessee paid interest on sales tax dues to the state government under the provisions of the assam finance (sales tax) act, 1956, as also interest for delayed payment of forest kist amount due to the government for some prior years. the assessee claimed deduction of the amount paid ..... case, the tribunal was justified in holding that the payment of interest of rs. 31,988 by the assessee on account of delayed payment under the assam finance (sales tax) act and of rs. 2,319 for delayed payment of instalments to the divisional forest officer is not penal in nature ?' 2. the respondent is absent. we ..... commissioner may order that the amount due from the defaulter shall be recoverable as an arrear of land revenue. 9. the relevant provisions of the assam finance (sales tax) act, 1956, already referred to, would indicate that interest is provided therein as part and parcel of the liability to pay sales tax and as accretion thereto. .....

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... of auction and where the sale price of such goods to be sold (further) by the buyer is fixed by or under any state act. . .' 6. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :'206. profits and gains ..... the notice about the insertion of section 44ac in the income-tax act, 1961, and also subsequent deletion of the same by the finance act, 1992, and that similar provisions have been made in the new section 206c of the income-tax act, 1961, with effect from april 1, 1992. by the said letter, the assistant commissioner of ..... of such goods. thus, these provisions will apply only at the point of the first sale of such goods. . .' 8. the scope of the provision is explained in the finance bill, 1992. as a sequel to the amendment as cited above, the assistant commissioner of income-tax tds, by his memo dated august 18, 1994 (annexure-a), brought to .....

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... of auction and where the sale price of such goods to be sold (further) by the buyer is fixed by or under any state act...."7. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :``206. profits and gains from ..... -a), brought to the notice about the insertion of section 44ac in the act, and also subsequent deletion of the same by the finance act, 1992, and that similar provisions have been made in the new section 206c of the act, with effect from 1-4-1992. by the said letter, the assistant commissioner of income tax,tax ..... sale of such goods. thus, these provisions will apply only at the point of the first sale of such goods...."9. the scope of the provision is explained in the finance bill, 1992. as a sequel to the amendment as cited above, the assistant commissioner of income tax tax deduction at source, by his memo dated 18-8-1994 (annexure .....

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

Reported in : (1998)150CTR(Gau)227

..... of auction and where the sale price of such goods to be sold (further) by the buyer is fixed by or under any state act....'7. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :``206. profits and gains from ..... -a), brought to the notice about the insertion of section 44ac in the act, and also subsequent deletion of the same by the finance act, 1992, and that similar provisions have been made in the new section 206c of the act, with effect from 1-4-1992. by the said letter, the assistant commissioner of income tax,tax ..... sale of such goods. thus, these provisions will apply only at the point of the first sale of such goods....'9. the scope of the provision is explained in the finance bill, 1992. as a sequel to the amendment as cited above, the assistant commissioner of income tax tax deduction at source, by his memo dated 18-8-1994 (annexure .....

Swapan Kumar Pal Vs. Oil and Natural Gas Corporation Ltd. and ors.

Court : Guwahati

..... the aforesaid inference could be drawn. however, clause 10.2 of the nit dated february 22, 2002 has to be in consonance with the statutory provisions of the finance act which imposes limited liability upon the assessee to collect the service tax from the consumer and pay to the department.12. according to the learned counsel for the ..... are not liable to reimburse the service tax.8. shri p.k. biswas, learned asstt. s.g., submitted that since the writ petitioner is an assessee under the finance act, 1994 being service provider, it is his liability to pay the service tax. however, learned asstt. s.g. submitted that whether the writ petitioner is entitled to get ..... no. agtatpt/lv geeps)/10/2002 dated february 22, 2002. on the basis of the same nit further work orders were also issued in subsequent years.2. under the finance act, 1994, chapter v was inserted introducing the concept of 'service tax'. cab providers were also brought within the purview of service tax with effect from july 16, 1997. .....

Krishna Mohan Banik Vs. Income-tax Officer

Court : Guwahati

..... the expiry of twelve months from the end of the month in which the return is furnished.'7. on a reading of the finance (no. 2) act, 1991, or the aforesaid substituted proviso, there is nothing to show that parliament intended that the aforesaid proviso was not to apply to the assessment year 1990-91 ..... or the expiry of six months from the end of the month in which the return is furnished, whichever is later.'6. with effect from october 1, 1991, the finance (no. 2) act, 1991, substituted the following proviso for the aforesaid proviso to section 143(2) : 'provided that no notice under this sub-section shall be served on the assessee after ..... the present case and not the law as it stood prior to october 27, 1992. according to mr. joshi, the proviso to section 143(2) was substituted by the finance (no. 2) act, 1991, with effect from october 1, 1991, and as per the aforesaid substituted and/or amended proviso, a limitation of 12 months from the end of the month .....

Chhaganmal Golchha and anr. Vs. State of Assam and ors.

Court : Guwahati

..... assam gazette extraordinary, june 28, 1993assam ordinance no. iii of 1993.the assam taxation laws (amendment)ordinance 1993an ordinanceto amend the assam sales tax act, 1947 and the assam finance (sales tax) act, 1956.whereas, the legislative assembly of the state of assam is not in session and the governor of assam is satisfied that circumstances exist which ..... in case of return, statement of accounts delivered, furnished or produced on or after the appointed day. the period for filing appeal under the repealed act i.e., assam finance (sales tax) act, 1956 is 30 days. in such a situation, the assessment order dated 6.1.93 had attended the finality and cannot be treated as an ..... tax was imposed on the sale proceeds of the mustard oil in the state of assam by inserting a new item no. 76 in schedule to the assam finance (sales tax) act, 1956. the imposition of tax on the sale proceeds of the mustard oil was continued till assam taxation laws (amendment) ordinance, 1993 (assam ordinance no. .....

Director of State Lotteries Vs. Assistant Commissioner of Income-tax a ...

Court : Guwahati

..... purview of the act. section 2(24)(ix) runs thus : '(ix) any winnings from lotteries, crossword puzzles, ..... and, therefore, the provisions of section 194b of the act is not applicable in the instant case. 13. the term 'income' has been defined under section 2(24) of the income-tax act. sub-clause (ix) of section 2(24) of the act was inserted by the finance act, 1972, which brought the winnings from lotteries within the ..... . according to the petitioner, the impugned orders demanding payment of huge amounts are prima facie arbitrary, violative of the mandatory provisions contained under section 194b of the act. hence, the petitioner has challenged the legality and validity of the orders so passed by respondent no. 1. according to the petitioner, unclaimed and/or undisbursed .....

Commissioner of Income-tax Vs. Rajesh Kumar Jalan

Court : Guwahati

..... undivided family, the capital gain arises from the transfer of a long-term capital asset ['to which the provisions of section 53 are not applicable, omitted by the finance act, 1985 with effect from 1-4-1985] being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head ..... did not deposit the unutilized portion of the capital gain before the date of furnishing the return of income-tax under section 139(1) of the income-tax act, 1961.5. the respondent being aggrieved by the findings of the first appellate authority, i.e., the commissioner of income-tax (appeals), that the respondent/assessee ..... capital gain in the capital gains deposit scheme, 1988, within the stipulated time of furnishing the return of income-tax under section 139(1) of the income-tax act. the respondent/ assessee preferred the first appeal being appeal no. guwa-75/99/2000 against the assessment order of the assessing officer to the commissioner of income- .....