Court : Guwahati
..... in our considered opinion, the expression 'such conditions and restrictions as it may impose' in sub-section (3) of section 7 of the bihar finance act will not authorise the state government to negate the incentives and benefits which any industrial unit would be otherwise entitled to under the general policy resolution ..... 118itr326(sc) , had said that the promise was enforceable against the government despite the requirement of article 299 of the constitution. similarly, century spinning : [1970]3scr854 , held that despite the requirement of the statute prescribing the manner and form to grant exemption from payment of octroi, a promise not made in that ..... two-judge bench of the supreme court in century spinning & mfg. co. ltd. v. ulhasnagar municipal council reported in : [1970]3scr854 , observed and held '....if the representation is acted upon by another person it may, unless the statute governing the person making the representation provides otherwise, result in an agreement enforceable .....
Tag this Judgment!Court : Guwahati
..... deducted at source and/or on self-assessment7. the further pleadings of the petitioner-company are that parliament having amended the provisions of the income tax act by the finance act, 1997, inserted chapter xii-d consisting of section 115-c with effect from june 1, 1997, providing for payment of additional income-tax on any amount declared, ..... out of the part of income derived from the agricultural income.10. for ready and handy reference, the impugned provisions of section 115-c as introduced by the finance act, 1997, are quoted hereinbelow.taxes on income other than agricultural income'. entry 46 of list ii (state list) deals with the subject 'taxes on agricultural income' ..... under the law was given in the assessment year 1952-53. the tribunal observed that additional income-tax was also a tax on income and that the finance act could say that the tax would be payable on the income of any year preceding the previous year. however, the tribunal found and referred four questions to .....
Tag this Judgment!Court : Guwahati
..... which had not been disclosed to the income-tax authority.32. quoting extensively from erskine may's law, privileges, proceedings and usage of parliament) (18th edition--chapter v--page 64) mr. choudhury points out that according to may, 'parliamentary privilege is the sum of the peculiar rights enjoyed by the house collectively as ..... party to the writ petitions. we are, therefore, not concerned as to whether the cag committed any breach of privilege in forwarding the report to the finance minister. what, however, we are concerned with is as to whether the scheme, which the constitution envisages for dealing with the cag's report, has ..... existence of the conditions warranting resort to issuance of warrant of authorisation for search and seizure, the authority/authorities concerned shall suffer from no limitation and must act upon such information. by consciously using the word 'information' and by not specifically restricting the source from which the information is received or derived, the .....
Tag this Judgment!Court : Guwahati
..... section 196 of the indian penal code (xlv of 1860)."before the amendment made by the finance act of 1956, section 37 stood as follows :"37. the income-tax officer, appellate assistant commissioner, commissioner and appellate tribunal shall, for the purposes of this chapter, have the same powers as are vested in a court under the code of civil procedure, ..... within the meaning of sections 193 and 228, and for the purposes of section 196 of the indian penal code (xlv of 1860)."the present section was substituted by the finance act, 1956, with effect from the 1st april, 1956, for the following section."37. power to take evidence on oath etc. - (1) the income-tax officer, appellate ..... for the selective application of a law providing for search and seizure.i have already pointed out that section 37(2) was inserted in the income-tax act only by the finance act of 1956. if the object of the income-tax was to prevent evasion of income-tax, section 37(1) which was there before insertion of sub- .....
Tag this Judgment!Court : Guwahati
..... deductions 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 ..... created by an assessee voluntarily will not qualify for the allowance under clause (iv) of sub-section (1) of section 24 of the act. under the arrangement as detailed in chapter iv of the act, an annual charge is to be understood as an annual payment payable by the owner to a third person, that is secured by ..... on 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
..... aggregate fifty per cent. of the assessed tax.explanation.--in this clause ' assessed tax ' means tax as reduced by the sum, if any, deducted at source under chapter xvii-b or paid in advance under chapter xvii-c.' 9. three factors stare on the face of the section : firstly, clause (i) of sub-section (1) of section 271 of the ..... order dated june 26, 1970. no further appeal was filed against the decision of the aac by either side and it became final after the period provided for appeal against the same had expired. it may be stated that that period had expired 'long before the amending act was enacted.' by section 32 of the finance (no. 2) act, 1971, which received ..... act has been substituted and ' shall be deemed always to have been substituted ' with retrospective effect, as if it had been in the statute book from the inception of the act by virtue .....
Tag this Judgment!Court : Guwahati
..... 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 .....
Tag this Judgment!Court : Guwahati
..... interest. there may be a lacuna in the language, which we are afraid, we cannot fill up. we are fortified in this view by the subsequent amendment effected by the finance act, 1972, by which the lacuna has been filled up by substituting the old sub-section (8), by a new sub-section (8), which reads as follows : '(8) (a ..... a partner has been treated by respondent no. 1 as an unregistered firm, the petitioner is not liable to be charged with interest. the demand notices dated february 18, 1970, and march 26, 1967, by which interest has been charged and demanded have been challenged by the petitioner in this writ petition. the facts in the other two writ ..... matter, in my opinion. hence, the first point, mentioned earlier, must be decided against the petitioner who has challenged the charging of interest under section 139(4) of the act, relying on the second view, and i decide accordingly. 38. in the result, the petitions in all the three civil rules fail and are accordingly dismissed. in the .....
Tag this Judgment!Court : Guwahati
..... thereon computed at the prescribed rates amounts to an admission of tax liability which the assessee admits to have incurred in accordance with the provisions of the finance act and the income-tax act. both the quantum of tax payable and its mode of recovery are authorised by law. the liability to pay income-tax chargeable under section 4(1) ..... can hold that the income disclosed on payment of advance tax cannot be treated as disclosure of income, by virtue of a particular statutory provision under chapter xiv-b of the act.11. for the discussions aforesaid, we answer the question in the negative and hold that the income disclosed on account of payment of the advance tax ..... year, the tax on such income shall be payable by deduction at source or by advance payment, as the case may be, in accordance with the provisions of chapter xvii. under section 207 tax is payable in advance in accordance with the provisions of sections 208 to 219 except in the cases of incomes specified therein. such advance .....
Tag this Judgment!Court : Guwahati
..... ingty's case the supreme court struck down the words 'who is not in the service of government' in clause (26) and the same have been omitted by act 42 of 1970, and shall be deemed to have been always omitted.5. section 4 is the charging section, and taxation is the rule and exemption is the exception. section 5 ..... be unaffected is not relevant for the proper determination of the question that arises for consideration. we have to decide this question on the scheme and provisions of the act and particularly of the provisions of section 10 while considering the challenge made against the impugned provision under article 14 of the constitution.6. after making the above ..... describes the scope of total income. section 10 appears in chapter iii of the act with the heading 'incomes which do not form part of total income' which includes all .....
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