Court : Guwahati
..... 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 government ..... or any establishment wholly or substantially financed by the government, or any local .....
Tag this Judgment!Court : Guwahati
..... not having the fitness certificate as was enjoined under the motor vehicles rules and the motor vehicles act itself. section 59 (3), motor vehicles act says that me following shall be conditions of every permit, and clause (a) of that sub-section says that the vehicle or vehicles to which the permit relates are at all times to be ..... so maintained as to comply with the requirements of chapter 5 and the rules made thereunder. section 70 which comes under chapter 5 of the act lays down that the state government may make rules under this section governing any of the following matters either generally in respect of motor vehicles or trailers or in respect of ..... of carrying passengers would be illegal in case it is not furnished with certificate of fitness as dealt with in section 38. it is therefore clear that the petitioner violated the provisions, of the motor vehicles act when he was plying the vehicle after expiry of the terms of the fitness certificate without obtaining a fresh one. .....
Tag this Judgment!Court : Guwahati
..... may be expedient 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-tax officer ..... general mills ltd. v. cit : [1987]168itr705(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 .....
Tag this Judgment!Court : Guwahati
..... it was not possible to determine the date on which it came into existence and, therefore, section 45 is not attracted. it is true that the effect of this decision regarding 'goodwill' has been overcome by the finance act, 1987, amending section 55 so as to provide that cost of acquisition of goodwill acquired other than by purchase shall be ..... no cost of acquisition in regard to those trees and the transfer of capital assets for which there was no cost of acquisition would not attract section 45 of the act. section 45 takes in any profit or gain arising from the transfer of a capital asset effected in the previous year and such profit or gain is ..... for standing trees. this amount was not added to the total income while completing the assessment. the income-tax officer subsequently sought to reopen the assessment under section 147(a) of the act. this court in the decision in cit v. tarajan tea co. (p.) ltd. held that the circumstances justifying reassessment under the above provision did not .....
Tag this Judgment!Court : Guwahati
..... satisfied that the amount of tax assessed 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 ..... otherwise directed by 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 appeal is .....
Tag this Judgment!Court : Guwahati
..... differentia and whether that differentia has a rational relation to the object sought to be achieved. the petitioner's counsel has read to usthe speech which the finance minister made when the finance act, 1964, was introduced by him in parliament, and on the basis thereof he has adopted the stand that the object behind the enactment of the ..... explanation, they shall be presumed to be guilty within the meaning of clause (c) and liable to penalty to the extent mentioned in sub-section (1)(iii) of section 271 of the act if they cannot prove that the failure to return the correct income did not arise from any fraud of any gross or wilful neglect on their ..... by any person is less than eighty per cent. of the total income (hereinafter in this explanation referred to as the correct income) as assessed under section 143 or section 144 or section 147 (reduced by the expenditure incurred bona fide by him for the purpose of making or earning any income included in the total income but which .....
Tag this Judgment!Court : Guwahati
..... that he has no grievance 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 ..... 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 .....
Tag this Judgment!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 ..... the respondent no. 2 completed revised assessment order for the periods in question by orders of assessment dated 4.4.1991 passed under section 9(3) of the act read with section 11(1) of the act and raised additional demand on account of tax. penal interest was also charged in respect of the additional demand of tax as a ..... (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., v. commissioner of income tax) : [1978]114itr404(ap) (sirpur paper mills ltd., v. income tax officer)(1998) 2 glr 474 (rajnath biswanath and anr. v. state of .....
Tag this Judgment!Court : Guwahati
..... in the 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 allowed if 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 ..... 1. the following questions have been referred by the tribunal at the instance of the revenue under section 256(1) of the income-tax act, 1961 : '(1) whether, on the facts and in the circumstances of the case, the tribunal has erred in law in allowing depreciation on the temple building .....
Tag this Judgment!Court : Guwahati
..... (4) scc 357 : 1993-ii-llj-626.in narendra kumar maheshwari's case (supra), the apex court dealt with an issue arising out of section 3 capital issues (control) act, 1947. in paragraph 106 of the judgment, the apex court opined that since the guidelines on which the petitioner had relied, were not satisfactory in character ..... opened in the branch without observing central office's guideline laid down therefor. subsequently the culprits could get encashment of several refund orders (stolen) of itc classic finance ltd./uti through these fake accounts. obviously, sri ahmed, being a branch manager had no control over the affairs of hss deptt. and its incharge which ..... the branch. as a result of this, the culprits succeeded to open their fake accounts and later on they could encash stolen refund orders of itc classic finance ltd. through these accounts impersonating the actual beneficiary. details of those fake hss accounts and fraudulent encashment of refund orders are given hereinbelow:sr. hss a/ .....
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