Judgment Search Results Home > Cases Phrase: finance act 1968 Court: guwahati Page 7 of about 1,201 results (0.076 seconds)

Cit Vs. Hynoup Food and Oil Ind. (P) Ltd.

Court : Guwahati

Reported in : (2006)199CTR(Gau)350

..... payments. in order to remedy such situation, section 40a was added by the finance act of 1968 and it came into force with effect from 1-4-1968. while introducing the bill in the lok sabha for its consideration, the finance minister made a speech on 29-4-1968, in which he pointed out that the provision in question was intended to ..... mehta, j.the tribunal, ahmedabad bench a, ahmedabad, has referred the following question for the opinion of this court under section 256(1) of the income tax act, 1961 (the act), at the instance of the cit, gujarat central, ahmedabad :'1. whether the tribunal is right in law and on facts in deleting the disallowance made under section ..... serve the objective of checking tax evasion. though the finance minister did not elaborate, it is obvious .....

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. a, k, saraf .....

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

..... government or any establishment wholly or substantially financed by the government, or any local authority, other than a cantonment board, the state government; (iii ..... instant case in hand. 10. the appropriate govt. mentioned in this act is also defined under section 2(a), which are as follows: - '2(a) appropriate govt. means:- (i) in relation to the central govt. or any establishment whollyor substantially financed by the government, or a cantonment board constituted under the cantonment act, 1924 the central government; (ii) in relation to a state .....

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

..... government or any establishment wholly or substantially financed by the government, or any local authority, other than a cantonment board, the state government; (iii ..... instant case in hand.10. the appropriate govt. mentioned in this act is also defined under section 2(a), which are as follows: -'2(a) appropriate govt. means:- (i) in relation to the central govt. or any establishment whollyor substantially financed by the government, or a cantonment board constituted under the cantonment act, 1924 the central government; (ii) in relation to a state .....

Commissioner of Income-tax Vs. Gurudayalram Mukhlal

Court : Guwahati

..... disputed amount represented the income of the asses-see. this basic requirement, in our opinion, is not in any way affected by the insertion of the explanation by the finance act of 1964. the explanation has simply changed the law in regard to the duty of the authority to prove mens rea. under the explanation, a presumption is now raised ..... sc) ). 12. so far as levy of penalty for concealment of income or furnishing of inaccurate particulars of income in cases where section 271(1)(c) (asamended by the finance act, 1964) applies (as in the present case) is concerned, the aforesaid principle will have to be read in the light of the explanation to sub-section (1) of ..... to set out the law on the subject. the undisputed position is that levy of penalty in this case is governed by section 271(1)(c) of the act (as amended by the finance act, 1964). this section, so far as is relevant, reads : '271. failure to furnish returns, comply with notices, concealment of income, etc. -- (1) if the income .....

Deechand Sarda Vs. Union of India (Uoi)

Court : Guwahati

..... or the penalty levied, if not otherwise directed by him, has been paid.' similarly the first proviso to sub-section (1) of section 19 of the assam finance (sales tax) act, 1956, reads as follows :-'provided that no appeal shall be entertained-by the said authority unless he is satisfied that the amount of tax assessed or the penalty ..... him, has been paid.' 7. as quoted hereinabove, the language of the proviso to section 129(1) of the customs act, 1962 is different from the above provisions of the assam sales tax act and the assam finance (sales tax) act. under sub-section (1) of section 129 the penalty levied has to be deposited pending the appeal. that shows that the ..... is different from the first proviso to section 30(1) of the assam sales tax act, 1947. similarly the first proviso to section 19(1) of the assam finance (sales tax) act, 1956 is also different from the proviso to section 129(1) of the customs act, 1962.the first proviso to sub-section (1) of section 30 of the assam sales .....

Hanuman Prasad Sharma Vs. State of Assam and ors.

Court : Guwahati

..... mr. mahanta, learned additional senior government advocate.2. the petitioner is a dealer in food articles, registered dealer under the assam finance (sales tax) act, 1956.3. pulse and mustard oil were made taxable by an amendment of assam finance (sales tax) act, 1956 with effect from july 30, 1992 but such tax was withdrawn from the same date by assam ordinance iii of ..... as regards the non-taxability, but the proceeding for forfeiture is an independent proceeding to be initiated by the assessing officer under section 65a of the assam general sales tax act, 1993. the petitioner further submits that he did not collect any tax from customers but to avoid legal complicacy, he paid due taxes to the government. the learned counsel for .....

Hanuman Prasad Vs. State of Assam and ors.

Court : Guwahati

..... by the assistant commissioner of taxes, nagaon zone, nagaon exercising suo-motu power of revision for the period ending 30.9,1982, 30.9.1987 under the assam finance (sales tax) act, 1956 in respect of the petitioner cannot be sustained and consequently orders of re-assessment on that basis dated 4.4.1991 (annexure-iii) are also not ..... is aggrieved by order dated 27.11.1990 passed by the assistant commissioner of taxes, nagaon zone, nagaon exercising suo-motu power of revision under the assam finance (sales tax) act, 1956 for period ending 30.9.1982 to 30.9.1987 and the revised orders of assessment dated 4.4.1991 issued pursuant thereto.2. the petitioner ..... and records and on being satisfied with the same and thus there was no justification and jurisdiction to invoke the suo-motu revision power under section 20(1) of the act and that too on the basis of altogether new facts and circumstances. mr. joshi placed reliance on the following decisions : 243 itr 83 (malabar industrial co. ltd., .....

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

Court : Guwahati

..... 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 ..... ltd. v. cit . 3. mr. joshi, however, submits that the temple building cannot be a business asset and hence depreciation is not allowable under the provisions of the act. we have gone through the decision. in our opinion, there is nothing to disagree with the said, decision and accordingly we answer this question in favour of the assessee and ..... 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 ?' we have heard dr. a.k. saraf, counsel appearing on behalf of the assessee, and mr. g.k. joshi, senior standing counsel for the department. counsel for .....

Vinod Trading Co. Vs. State of Assam and ors.

Court : Guwahati

..... conclusively, no additional tax can imposed.27. in baijnath biswanath , dwelling on the scope of power of the commissioner under section 20 of the assam finance (sales tax) act, 1956 to effect a suo motu revision of any order of assessment, it was held by this court that in the absence of any authentic material ..... the impugned orders of reassessment by an incurable illegality. the statutory appellate authorities also were unmindful of the true purport of the taxing provisions of the act and proceeded on the basis that the petitioners' sales turnover were computable on the average wholesale market price structured on the materials furnished by the chambers of ..... during the relevant period, the same was not a germane consideration justifying reopening of their completed assessment, he urged. with reference to section 2(34) of the act and rule 2(k) of the assam general sales tax rules, 1993 (hereinafter referred to as 'the rules'), the learned senior counsel argued that the petitioners .....