Judgment Search Results Home > Cases Phrase: finance act 1983 Court: guwahati Page 7 of about 1,749 results (0.022 seconds)

Cit Vs. Hynoup Food and Oil Ind. (P) Ltd.

Court : Guwahati

Reported in : (2006)199CTR(Gau)350

..... possible to state that the case of the assessee is governed by the exceptions carved out by rule 6dd(j) of the rules the rule has to be read in the context of the second proviso to sub-section (3) of section 40a of the act whereunder a disallowance is not permissible if on consideration of business expediency an assessee is able to satisfy the assessing officer that he was required to make payment in cash due to exceptional or unavoidable circumstances, or because payment by a crossed cheque or bank ..... to remedy such situation, section 40a was added by the finance act of 1968 and it came into force with effect from ..... it was contended on behalf of the assessee that where the very business carried on by the assessee is an illegal business, it was not possible to comply with the requirements of section 40a(3) of the act and in the very nature of things, the assessee could not be called upon to establish either the genuineness of the payment or the identity of the payee. ..... the explanation of the assessee that such unaccounted transactions are always made in cash and hence, provisions of section 40a(3) of the act cannot apply, and alternatively the case would be governed by the exception carved out in rule 6dd(j) of the income tax rules, 1962 (the rules), as ..... 1977, issued by the cbdt, was rejected by the assessing officer holding that provisions of section 40a(3) of the act were mandatory and were also applicable in case of illegal business as held by andhra pradesh high court in the .....

Commissioner of Income-tax Vs. Bharat Bamboo and Timber Suppliers

Court : Guwahati

..... the following question has been referred by the tribunal at the instance of the revenue under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case and in view of the explanation 2 to section 43b as inserted by the finance act, 1989, giving retrospective effect from april 1, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax amount paid ..... even after the close of the accounting period but before the due date of filing the return of income under section 139(1) of the income-tax act, 1961 ?'2. .....

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

..... to decide the contention raised by the learned counsel for the parties, for better appreciation it will be necessary to have a look at the relevant provisions of the constitution as well as the act, those are quoted below: - article 51 of the constitution one of the directive principles of the said policy reads as below:- 'art.51. ..... 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 authority, other than a cantonment board, the state government; (iii) in respect of the central co-ordination committee' and the central executive committee, the central government; (iv) in respect of the ..... and whereas it is considered necessary to implement the proclamation aforesaid,' the statement of objects and reasons of the said act is quoted below:- ' the meeting to launch the asian and pacific declade of the disabled persons 1993-2002 convened by the economic and social commission for asian and pacific region held at beijing on ..... a careful reading of the objects and reasons clearly shows that the basic purpose of the act is to improve the socio-economic conditionof the persons removing any discrimination in protection of rights provisions of medical care, education, training employment and rehabilitation and for equal opportunities for adequate means of livelihood .....

Dilip Baruah Vs. State of Assam and ors.

Court : Guwahati

..... to decide the contention raised by the learned counsel for the parties, for better appreciation it will be necessary to have a look at the relevant provisions of the constitution as well as the act, those are quoted below: -article 51 of the constitution one of the directive principles of the said policy reads as below:- 'art.51. ..... 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 authority, other than a cantonment board, the state government; (iii) in respect of the central co-ordination committee' and the central executive committee, the central government; (iv) in respect of the ..... and whereas it is considered necessary to implement the proclamation aforesaid,' the statement of objects and reasons of the said act is quoted below:-' the meeting to launch the asian and pacific declade of the disabled persons 1993-2002 convened by the economic and social commission for asian and pacific region held at beijing on ..... a careful reading of the objects and reasons clearly shows that the basic purpose of the act is to improve the socio-economic conditionof the persons removing any discrimination in protection of rights provisions of medical care, education, training employment and rehabilitation and for equal opportunities for adequate means of livelihood .....

Commissioner of Income-tax Vs. Gurudayalram Mukhlal

Court : Guwahati

..... 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-section (1) of section 271 which was inserted with effect from january 1, ..... 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). ..... requirement, in our opinion, is not in any way affected by the insertion of the explanation by the finance act of 1964. ..... we are of the opinion that in order to impose penalty under section 271(1)(c) of the act, there must be some materials with the concerned authority which might reasonably lead to a conclusion that the disputed amount represented the income of the ..... a minimum penalty is prescribed, the authority competent to impose the penalty will be justified in refusing to impose penalty when there is a technical or venial breach of the provisions of the act or where the breach flows from the belief that the offender is not liable to act in the manner prescribed by the statute (see hindustan steel ltd. v. ..... by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal, gauhati bench, gauhati, has referred the following question of law to this court for opinion ; 'whether, on the facts and in the circumstances of the case, the .....

Deechand Sarda Vs. Union of India (Uoi)

Court : Guwahati

..... appeal is against the decision or order relating to any duty demanded in respect of goods which are not under the control of customs authorities or any penalty levied under the act, any person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer the duty demanded or the penalty levied. ..... similarly the first proviso to section 19(1) of the assam finance (sales tax) act, 1956 is also different from the proviso to section 129(1) of the customs act, 1962.the first proviso to sub-section (1) of section 30 of the assam sales tax act, 1947 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 the penalty levied, if not otherwise directed ..... ' 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 the penalty levied, if not otherwise directed by ..... the point that arises for consideration is whether an appeal under section 128 read with section 129 of the customs act, 1962 is at all entertainablc without deposit of the penalty levied and if entertainable whether the appeal may be heard without ..... 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. .....

Hanuman Prasad Sharma Vs. State of Assam and ors.

Court : Guwahati

..... 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 1993 dated june 28, 1993. ..... the petitioner is a dealer in food articles, registered dealer under the assam finance (sales tax) act, 1956.3. ..... the petitioner has submitted 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. .....

Hanuman Prasad Vs. State of Assam and ors.

Court : Guwahati

..... the impugned order dated 27.11.1990 (annexure-ii) passed 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 sustainable. ..... is aggrieved by order dated 27.11.1990 passed by the assistant commissioner of taxes, nagaon zone, nagaon exercising suo-motu power of revision under the assam finance (sales tax) act, 1956 for period ending 30.9.1982 to 30.9.1987 and the revised orders of assessment dated 4.4.1991 issued pursuant thereto.2. ..... 3 did not interfere with the original assessment orders for the six periods ending 31.3.1983, 30.9.1983, 31.3.1984, 31.3.1985, 30.9.1985 and 31.3.1986 since the same were found correct ..... is a sole proprietorship concern and is a registered dealer under the assam finance (sales tax) act, 1956 (since repealed with effect from 1.7.1993). ..... 3 issued notice to the petitioner invoking its suo-motu power of revision under section 20(1) of the act for the periods ending 30.9.1982 to 30.9.1987 in the light of the communication dated 9.3.1988 issued by the ..... its returns of turnover for the periods ending 30.9.1982, 30.9.1984, 30.9.1986, 31.3.1987 and 30.9.1987 under the aforesaid act of 1956 showing therein the gross turnover of onions it deals with as per books of account maintained at rs. .....

Commissioner of Income-tax Vs. Associated Flour Mills P. Ltd.

Court : Guwahati

..... (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 ..... 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 constructed in the premises of the assessee ? ..... joshi, however, submits that the temple building cannot be a business asset and hence depreciation is not allowable under the provisions of the act. .....

Vinod Trading Co. Vs. State of Assam and ors.

Court : Guwahati

..... in delux wines [1990] 77 stc 373, the andhra pradesh high court while dealing with the scope and ambit of section 14 of the andhra pradesh general sales tax (amendment) act, 1985 for reopening of assessment holding that in the exercise of such power, the authority concerned has to have materials de hors the assessment record and that the reopening of assessment on a ..... the present setting of facts, i am of the considered opinion that the purported basis of reopening the assessment of the petitioners under section 17(4) of the act could not have generated the belief that the petitioners' turnover pertaining to sale of onion during the assessment year in question, had escaped assessment to tax ..... 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 authentic material regarding sale price on the date of assessment, the commissioner ought not to have directed a fresh assessment acting on the market information and report of the department of agriculture.28. ..... the common grievance in this batch of writ-petitions relates to reassessment of tax under section 18(1) of the assam general sales tax act, 1993 (hereinafter referred to as 'the act') on account of claimed escapement of turnover of the petitioner at the time of initial assessment for the assessment year 1994-95, the statutory appeals having failed, the petitioners have invoked .....