Court : Guwahati
..... establishes the same 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 ..... transactions in particular 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 ..... sale of onion vis-a-vis the petitioners for the assessment year involved had escaped assessment and therefore, the essential precondition for exercising power under section 18 of the act being absent, the impugned reassessment is illegal and without jurisdiction.7. no affidavit in opposition on behalf of the state-respondents has been filed.8 .....
Tag this Judgment!Court : Guwahati
..... 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 ..... the grain, i.e., arhar dal purchased by the dal mills and is therefore not a new and different article and therefore not liable to be taxed under section 3-d(1).22. whether hydrogenated oil called 'vanaspati' was still groundnut oil or a product of groundnut oil came up for consideration before the supreme court ..... tungabhadra industries ltd. v. commercial tax officer, kurnool [1960] 11 stc 827, adopted the 'common sense' rule of interpretation.23. the supreme court in alladi venkateswarlu's case [1978] 41 stc 394, interpreted the word 'rice' to include 'atukulu' (parched rice) and 'muramaralu' (puffed rice), the assam high court in kapildeoram baijnath prosad's case [1954 .....
Tag this Judgment!Court : Guwahati
..... 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 of binding ..... 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 ..... 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 .....
Tag this Judgment!Court : Guwahati
..... income diverted by overriding title ceased to be 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 ..... 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. ..... upon a number of decisions of the apex court in a. v. fernandez v. state of kerala : [1957]1scr837 ; j.k. steel ltd. v. union of india : 1978(2)elt355(sc) ; member secretary, andhra pradesh state board for prevention and control of water pollution v. andhra pradesh rayons ltd. : air1989sc611 , aphali pharmaceuticals ltd. v. state of .....
Tag this Judgment!Court : Guwahati
..... of the rules. having heard mrs. m.l. gope, learned counsel for the petitioner as also mr. rakesh dubey, learned standing counsel, finance and taxation department, for the respondents on advance notice and having perused the scheme of the act and particularly rule 41(12a) of the rules, we are inclined to dispose of this writ petition with a direction to the ..... , c.j. heard mrs. m.l. gope, learned counsel for the petitioner and mr. rakesh dubey, learned standing counsel, finance and taxation department, for the respondents. the petitioner is a registered dealer under the provisions of the assam value added tax act, 2003. they are engaged in the business of sale of various commodities as specified in their certificate of registration (annexure .....
Tag this Judgment!Court : Guwahati
..... to it and seeks 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 ..... account. the appellate 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 ..... law in holding that no additional tax is impossible when total taxable income is lost after adjustment made under section 143(1)(a) of the act, in spite of the amended provision of sub-section (1a) of section 143 of the act effective from 1.4.1980?regarding question no. (iiii), that has already been decided against the revenue .....
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 ..... of the firm, or (b) on any reduction or enhancement made in the income of the firm under this section, section 154, section 250, section 254, section 260, section 262, section 263 or section 264, or (c) on any order passed under sub-section (4) of section 245d on the application made by the firm, that the share of the partner in the income of the firm ..... proceedings is whether the rectification order made by the income-tax officer on february 17, 1963, was a valid order. we think it was not. under section 35(1) of the act, a provision which admittedly applies to the present proceedings, it was incumbent upon the income-tax officer before he made any rectification to issue notice to the .....
Tag this Judgment!Court : Guwahati
..... 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 ..... enactment which interdicts such taxation. it is true that section 3 is the general charging section. even if section 23(5) provides for the machinery for 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 .....
Tag this Judgment!Court : Guwahati
..... 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 ..... enactment which interdicts such taxation. it is true that section 3 is the general charging section. even if section 23(5) provides for the machinery for 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 .....
Tag this Judgment!Court : Guwahati
..... ) which is extracted herein below:section 4. (3)(xxi) any income of a member of a scheduled tribe as defined in ..... ) of 27 the act. the indian income-tax act, 1922, did not contain any provision exempting 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 .....
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