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Judgment Search Results Home > Cases Phrase: finance act 1968 Sorted by: recent Court: guwahati Year: 1976 Page 1 of about 26 results (0.030 seconds)

Dec 09 1976 (HC)

Commissioner of Income-tax Vs. Ramniwas Karwa

Court : Guwahati

Decided on : Dec-09-1976

..... on the initial donation made for the purpose of starting or founding a fund or institution. the tribunal, therefore, directed that relief under section 88 of the act should be allowed on the amount of rs. 21,000 given to ram-chandra karwa charitable trust provided it was found that ramchandra karwa charitable trust fulfilled the ..... on the ground that the trust in question, to which the donation was made, did not fulfil the required conditions as laid down under section 88 of the act.4. the assessee thereafter preferred an appeal before the income-tax appellate tribunal against the order of the appellate assistant commissioner. the tribunal held that relief under ..... india or under section 25 of the companies act, 1956 (1 of 1956), or is a university established by law, or is any other educational institution recognised by the government or by a university established by law, or affiliated to any university established by law or is an institution financed wholly or in part by the government or .....

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Nov 04 1976 (HC)

Paresh Chandra Kar and ors. Vs. the Bakijai Officer and ors.

Court : Guwahati

Decided on : Nov-04-1976

..... , (4) ramendra narayan kar.3. this partnership firm carried on business and it was registered under section 5 as a dealer under the assam finance (sales tax) act, 1956, hereinafter referred to as the 'act' on 14th april, 1964. suresh chandra kar and paresh chandra kar retired from the firm kar brothers and intimated this fact to the superintendent of ..... writ petition.8. it may be observed here that the taxes due are for the periods ending 31st march, 1965, 30th september, 1966, 30th september, 1967, 31st march, 1968, 30th september, 1968 and 31st march, 1969 and the amount of tax demanded is rs. 20,050.51.9. mr. b. k. das, the learned counsel appearing for the petitioners, ..... submission, it is necessary to examine how a partner may retire from a partnership firm and since when the retirement takes effect.11. section 32 of the indian partnership act, 1932, deals with retirement of a partner and it reads as follows :32. retirement of a partner.-(1) a partner may retire-(a) with the consent of .....

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Sep 17 1976 (HC)

Bharat Brick Works Vs. the Assam Board of Revenue and ors.

Court : Guwahati

Decided on : Sep-17-1976

..... with law drawing particular attention of the assistant commissioner of taxes to the provisions of sub-section (3) and sub-section (4) of section 19 of the assam finance (sales tax) act, 1956.25. in the result, we quash the impugned order dated 10th august, 1972, passed by the board of revenue and remand the appeal to the board ..... the orders to the assessee and the commissioner. thus it is found that in an appeal before the board as provided under section 20a of the assam finance (sales tax) act the department does not come into the picture though for the ends of justice and in compliance with the principles of natural justice the department is also usually ..... has been challenged in this writ petition.5. mr. p.g. baruah, the learned counsel for the petitioner, submits that the board of revenue under the assam finance (sales tax) act, 1956, in deciding an appeal under section 20a has no jurisdiction to pass an order, effecting enhancement of tax.6. let us now consider the submission of the .....

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Aug 18 1976 (HC)

Assam Co-operative Apex Bank Ltd. Vs. Commissioner of Income-tax, Assa ...

Court : Guwahati

Decided on : Aug-18-1976

..... to as "the act") :"whether, on the facts and in the circumstances of the case, the tribunal was justified in setting aside the consolidated order dated march 31, 1970, of the appellate assistant commissioner of income-tax, shillong range, shillong relating to the assessment year 1967-68, 1968-69, and 1969- ..... assistant commissioner has also pointed out that there are other securities, some trustee securities, shares in other co-operative institutions, some shares in industrial finance corporation, assam financial corporation, agricultural refinance corporation and central warehousing corporation and that some of these investments are apparently long-term investments."from the above ..... being the interest on government securities for the assessmentyear 1967-68, rs. 4,38,427 being the interest on government securities for assessment year 1968-69 and rs. 5,45,372 being the intrest on government securities for the assessment year 1969-70.the assessee preferred appeals before the appellate .....

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Aug 18 1976 (HC)

Assam Co-operative Apex Bank Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Aug-18-1976

..... assistant commissioner has also pointed out that there are other securities, some trustee securities, shares in other co-operative institutions, some shares in industrial finance corporation, assam financial corporation, agricultural refinance corporation and central warehousing corporation and that some of these investments are apparently long-term investments.'33. from ..... the tribunal was justified in setting aside the consolidated order of the appellate assistant commissioner of income-tax relating to the assessment years 1967-68, 1968-69 and 1969-70, and (ii) whether after setting aside the appellate assistant commissioner's order the tribunal was justified in remanding the appeals ..... of the case are briefly stated below. the relevant assessment years are 1967-68, 1968-69 and 1969-70,3. the assessee, assam co-operative apex bank ltd., is a bank registered under the assam co-operative societies act, 1949, carrying on banking or allied business. during the assessment proceeding for the .....

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Apr 19 1976 (HC)

Sundaram Mahadeo Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Apr-19-1976

..... the circumstances of the case, the tribunal was legally correct in applying the provisions of the explanation to section 271(1)(c) of the income-tax act, 1961, as introduced by section 40 of the finance act, 1964 ?'2. the facts of the case may be briefly stated as follows i the relevant assessment year relates to 1964-65. the assessee-filed ..... the instant case fell short of 80 per cent. of the assessed income and hence the default was covered by the new explanation inserted by section 40 of the finance act, 1964. the inspecting assistant commissioner after having heard the petitioner levied a penalty of rs. 6,500 under section 271(1)(c) of the income-tax ..... , that such expenses claimed by the assessee without mentioning in the return itself came within the purview of the explanation to section 271(1)(c) of the income-tax act, 1961, and that even assuming that there were certain other items also, which could not form part of the subject-matter of penalty under the explanation to section 271 .....

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Dec 15 1976 (HC)

Jatindra Nath Sarmah Vs. Income-tax Officer, a Ward and anr.

Court : Guwahati

Decided on : Dec-15-1976

..... be unreasonable or perverse as submitted by the learned counsel for the petitioner. that being so, the present case will attract the provisions of section 69 of the act, which reads as follows : ' 69. unexplained investments.--where in the financial year immediately preceding the assessment year the assessee has made investments which are not recorded ..... not prefer any appeal against these two assessment orders but filed two applications to the income-tax officer for reopening the two assessments under section 146 of the act. these two applications for reopening the assessments were, however, rejected by the income-tax officer. the petitioner then preferred two appeals against the two orders of ..... assessment years 1964-65, 1965-66, 1966-67 and 1967-68 and notice u/s. 139(2) for 1968-69 asstt. year. (b) sri jatindra nath sarmah for same years as above.'12. section 147(a) and (b) of the act reads as follows: '147. income escaping assessment.--if-- (a) the income-tax officer has reason to .....

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Dec 15 1976 (HC)

Jatindra Nath Sarmah Vs. Income-tax Officer, Andquot;aandquot; Ward, D ...

Court : Guwahati

Decided on : Dec-15-1976

..... be unreasonable or perverse as submitted by the learned counsel for the petitioner. that being so, the present case will attract the provisions of section 69 of the act, which reads as follows :"69. unexplained investments. - where in the financial year immediately preceding the assessment year the assessee has made investments which are not recorded ..... not prefer any appeal against these two assessment orders but filed two applications to the income-tax officer for reopening the two assessments under section 146 of the act. these two applications for reopening the assessments were, however, rejected by the income-tax officer. the petitioner then preferred two appeals against the two orders of ..... the assessment years 1964-65, 1965-66, 1966-67 and 1967-68 and notice u/s. 139(2) for 1968-69 asstt. year.(b) sri jatindra nath sarmah for same year as above."section 147(a) and (b) of the act reads as follows :"147. income escaping assessment. - if -(a) the income-tax officer has reason to believe .....

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Dec 15 1976 (HC)

Jatindra Nath Sarmah Vs. Income-tax Officer, a Ward, Dibrugarh, and An ...

Court : Guwahati

Decided on : Dec-15-1976

Reported in : [1978]113ITR898(Gauhati)

..... be unreasonable or perverse as submitted by the learned counsel for the petitioner. that being so, the present case will attract the provisions of section 69 of the act, which reads as follows :'69. unexplained investments. - where in the financial year immediately preceding the assessment year the assessee has made investments which are not recorded ..... not prefer any appeal against these two assessment orders but filed two applications to the income-tax officer for reopening the two assessments under section 146 of the act. these two applications for reopening the assessments were, however, rejected by the income-tax officer. the petitioner then preferred two appeals against the two orders of ..... the assessment years 1964-65, 1965-66, 1966-67 and 1967-68 and notice u/s. 139(2) for 1968-69 asstt. year.(b) sri jatindra nath sarmah for same year as above.'section 147(a) and (b) of the act reads as follows :'147. income escaping assessment. - if -(a) the income-tax officer has reason to believe .....

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Dec 08 1976 (HC)

The Assistant Commissioner of Taxes and anr. Vs. Ranglal Rameswar Sara ...

Court : Guwahati

Decided on : Dec-08-1976

..... and 813 of 1972 decided on 17th september, 1976), wherein this court has observed on this point as follows :thus it is found that the taxing authorities under the act include the commissioner, deputy commissioners of taxes, assistant commissioners of taxes (appeals), assistant commissioners of taxes, superintendents of taxes, inspectors of taxes, all assam investigation officers and ..... .4. all the persons appointed as taxing authorities shall have such powers as may be conferred and perform such duties as may be required by or under this act. that being the position, the superintendent of taxes and the assistant commissioner of taxes in the instant cases are bound by the order of the assam board of ..... entitled to challenge the order of the board, it is doubtful whether the state of assam as such can come and challenge the order of the board passed under the act.6. for the reasons given in the decision of this court in state of assam v. garodia brothers [1978] 41 s.t.c. 402 (civil rules nos .....

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