Court : Guwahati
..... exempt from sales tax.19. in ghasi ram hari ram [1972] 30 stc 88, the delhi high court construing entry 1 of the second schedule to the bengal finance (sales tax) act, 1941, as extended to delhi, which exempted from taxes all cereals including all forms of rice (except when sold in sealed containers), held that the expression 'all ..... commissioner of sales tax, delhi [1972] 30 stc 88 at page 90-91 the delhi high court had to construe entry 1 of schedule ii to the bengal finance (sales tax) act, 1941, as extended to delhi, which exempted from taxes 'all cereals and pulses including all forms of rice (except when sold in sealed containers)'. the delhi high ..... state seeds certification agency. (rule 17)'.20. learned senior counsel appearing for the parties also drew our attention to the relevant provisions of the seeds act, 1966 (act 54 of 1966) and the seeds rules, 1968 (hereinafter referred to as 'the rules'). we have also perused the schedule [sections 2(a) and (4-a)] to the adhiniyam in which .....
Tag this Judgment!Court : Guwahati
..... avoided.13. situated thus, it is abundantly clear that the guidelines, as already held in the case of sathe biscuits & chocolates co. ltd. (supra) and b.i. o. finance ltd. (supra), do not apply to such cases, wherein decrees have been passed and/or recovery certificates have been issued and have attained finality. i may, however, hasten to point ..... and would enable expeditious disposal of such suits.8. in the face of the position of law, which has been made clear in ravindra (supra) and b.i.o. finance ltd. (supra), there can be no escape from the conclusion that if the contents of the guidelines, dated 29.1.2003, aforementioned show that the same apply to proceedings ..... to be pointed out in order to avoid any confusion or misunderstanding that while considering, in b.i.o. finance ltd. v. the custodian : [1997]3scr51 , the ambit and scope of section 36 read with section 46 of banking regulation act, 1949, the apex court made it clear that the directives issued by the reserve bank of india are .....
Tag this Judgment!Court : Guwahati
..... the partners thereof were also taxed in their individual assessments as before in respect of their share of income from the firm. this position continued till 31st march, 1993. the finance act, 1992, introduced wide changes in respect of assessment of income of the firms w.e.f. 1st april, 1993. the changed position applicable to the asst. yrs. 1996- ..... the income of, the partner as intended under section 10(2a) ?12. to appreciate the above contention, we may refer to the scheme of the indian it act, 1922, prior to: its amendment by the finance act, 1956. the scheme recognizes two kinds: of firms unregistered and registered firms. in the case of an unregistered firm, the tax payable by the firm was ..... of which b.k. rohatgi was the karta; the finding in this case is that the promotion of the company and the taking over of the concern and the financing of it were all done with the help of the joint family funds and the said b.k. rohatgi did not contribute anything out of his personal funds if .....
Tag this Judgment!Court : Guwahati
..... to get the order of concerned authority reversed, subject, however, to any statutory provision to the controversy (viz., section 43b of the income-tax act, 1961, as insertged by the finance act, 1983, with effect from april 1, 1984, which provides that certain liabilities can be deducted only on actual payment).'12. we respectually agree with ..... discounted, is deductible from the gross receipts while preparing the profits and loss account. this is recognised in trade circles and there is nothing in the bonus act which prohibits such a practice. such a provision provides for a known liability of which the amount can be determined with substantial accuracy. it cannot, therefore, be ..... authority therefore held that the amount of rs. 12,96,000 should be allowed as deduction. regarding charging of additional tax under section 143(1a) of the act, the appellate authority held that there was no justification in charging the same as the income of the assessee was still at a loss after making the .....
Tag this Judgment!Court : Guwahati
..... see what else it could be. the word 'assessment' is used in the proviso not as an equivalent of the tax calculated at the rate given in the finance act but the total amount which the assessee is required to pay. the proviso applies whenever the effect of the order is to touch the pocket of the assessee and ..... efficacious alternative remedy is available to the petitioner under the provisions of the act. the petitionercan file statutory appeal before the commissioner of income-tax (appeals), guwahati, and in fact the other partner of the firm, sri rohit kumar deo-rah, ..... of the firm, s. b. industries, which was wrongly taken was corrected in incorporating the correct share of profit by resorting to the provisions of section 155 of the act.' 3. in para. 11, it has been stated as follows : 'that the submissions made in paragraph 17 of the writ petition are not tenable inasmuch as adequate and .....
Tag this Judgment!Court : Guwahati
..... collection and recovery of the tax, once the legislature has, in clear terms, indicated that the income of the firm can be taxed in accordance with the finance act of 1956 as also the income in the hands of the partners, the distinction a charging and a machinery section is of no consequence. both the sections ..... have to be read together and construed harmoniously. it is significant that similar provisions have also been enacted in the act of 1961. sections 182 and 183 correspond substantially to section 23(5) except that the old section did not have a provision similar to sub-section (4 ..... with regard to defence, external affairs and communications of sikkim. thus sikkim became a protectorate of the union of india. thereafter, the constitution (thirty-sixth amendment) act, 1975 was passed whereby sikkim was admitted into the union of india as a state. the said amendment inserted article 375f in the constitution of india incorporating special .....
Tag this Judgment!Court : Guwahati
..... collection and recovery of the tax, once the legislature has, in clear terms, indicated that the income of the firm can be taxed in accordance with the finance act of 1956 as also the income in the hands of the partners, the distinction a charging and a machinery section is of no consequence. both the sections have ..... with regard to defence, external affairs and communications of sikkim. thus sikkim became a protectorate of the union of india. thereafter, the constitution (thirty-sixth amendment) act, 1975 was passed whereby sikkim was admitted into the union of india as a state. the said amendment inserted article 375f in the constitution of india incorporating special ..... itat p.271), that the income tax deduction made from winnings from sikkim lotteries would debar the assessment of that income as per provisions of the incometax act and that such assessment would not suffer from double taxation on the ground of income-tax having been charged by the sikkim income-tax authorities. it has .....
Tag this Judgment!Court : Guwahati
..... members of the scheduled tribes from the levy of income-tax. such a provision was introduced for the first time by the finance act, 1955, in the said act. the original provision after its amendment and regularisation by section 3 of the finance act, 1958, assumed the form of section 4(3)(xxi) which is extracted herein below:section 4. (3)(xxi) any ..... of the revenue authorities is perfectly legal and valid. to buttress his arguments, mr. bhuyan placed reliance on the following decisions.(i) s.k. dutta, ito v. lawrence singh ingty : [1968]68itr272(sc) ;(ii) dr. curzon g. momin v. i.s. phukan, ito (second additional) ;(iii) ito v. n. takin roy rymbai : [1976]103itr82(sc) ;(iv) j. lalhmingliana v ..... .30. the authorities cited at the bar may now be referred to. the question which arose for consideration of the apex court in s.k. dutta, ito : [1968]68itr272(sc) , was whether the exclusion of government servants from the purview of exemption granted by section 4(3)(xxi) of the indian income-tax .....
Tag this Judgment!Court : Guwahati
..... is comprehensive. we are here concerned with clause (iv) of sub-section (1) as set out earlier. prior to the amendment of this clause by the finance act of 1968, allowance from house property income was admissible for an annual charge on house property without any exception even in cases where the charge was created by the assessee ..... of the revenue. 5. before addressing the questions involved in the reference, it would be appropriate to look to the material portion of section 24(1)(iv) of the act which reads as follows : '24. (1) income chargeable under the head 'income from house property' shall, subject to the provisions of sub-section (2), be ..... the strength of the said partition. the assessee in his return of income showed income from house property and claimed deduction under section 24(1)(iv) of the act for annual charges amounting to rs. 2,10,000. the memorandum of confirmation of family arrangement containing total partition of satyanarayan sikaria and sons, guwahati, dated july .....
Tag this Judgment!Court : Guwahati
Reported in : (2007)211CTR(Gau)133,[2007]290ITR481(Gauhati)
..... members of the scheduled tribes from the levy of income-tax. such a provision was introduced for the first time by the finance act, 1955, in the said act. the original provision after its amendment and regularisation by section 3 of the finance act, 1958, assumed the form of section 4(3)(xxi) which is extracted herein below:section 4. (3)(xxi) any ..... of the revenue authorities is perfectly legal and valid. to buttress his arguments, mr. bhuyan placed reliance on the following decisions.(i) s.k. dutta, ito v. lawrence singh ingty : [1968]68itr272(sc) ;(ii) dr. curzon g. momin v. i.s. phukan, ito (second additional) ;(iii) ito v. n. takin roy rymbai : [1976]103itr82(sc) ;(iv) j. lalhmingliana v ..... .30. the authorities cited at the bar may now be referred to. the question which arose for consideration of the apex court in s.k. dutta, ito : [1968]68itr272(sc) , was whether the exclusion of government servants from the purview of exemption granted by section 4(3)(xxi) of the indian income-tax .....
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