Judgment Search Results Home > Cases Phrase: finance act 1984 section 1 short title and commencement Court: guwahati Page 5 of about 177 results (0.337 seconds)

Bhawani Shankar Bagaria Vs. Asst. Controller of Estate Duty

Court : Guwahati

..... section is defined in section 2(16). the principle on which section 3 was founded hag been explained by the house of lords in the ..... 1936, were comprised in the states specified in the first schedule to this act, which passes on the death of such person, a duty called 'estate duty' at the rates fixed in accordance with section 35......'7. this section is based on section 1 of the u.k. finance act, 1894. the phrase 'property passing on the death' which occurs in this ..... case of earl cowley v. irc [1899] ac 198; 1 edc 193, lord macnaghten said that the principle on which the finance act, 1894, was founded is that whenever .....

Ladhuram Laxminarayan Vs. Commissioner of Income-tax

Court : Guwahati

..... above parties were, in fact, the moneys belonging to some of the partners of the firm and these partners made voluntary disclosure under section 24 of the finance (no. 2) act, 1965. the income-tax officer held that the interest shown as paid to these parties were not actually paid to a third party ..... , namely, laduram ajitsaria, madanlal ajitsaria, k. p. ajitsaria and sitaram ajitsaria, made declarations under section 24 of the finance (no, 2) act of 1965, wherein they respectively stated that laduram ajitsaria received the interest paid to m/s. international finance corporation and m/s. laxminarayan mohanlal, madanlal ajitsaria received the interest paid to m/s. surajmal ganeshiram ..... firm. these facts are not disputed. 8. the question that arises for determination is whether the assessee-firm is liable to penalty under section 271(1)(c) of the act because in its return it showed these interest amounts as paid to some other parties instead of the four partners mentioned hereinabove. the .....

PorcelaIn India (P.) Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... such exemption is also subject to the conditions as may be specified in such notification. accordingly, the notification dated 30.7.1988 issued under section 3b of the assam finance (sales tax) act, 1956 has prescribed certain conditions which must be fulfilled before any assessee can claim the benefit of exemption. in the present case the petitioner ..... for the period 15th october, 1982 to 31st august, 1988 in terms of the notification dated 30.7.1988 issued under the provisions of section 3b of the assam finance (sales tax) act, 1950. insofar as the period after 1.8.1988 is concerned, the argument advanced is that the provisions contained in the notification dated 30 ..... the petitioner would be entitled to exemption from sales tax for the period with effect from 15.11.1984 to 14.11.1989. the petitioner, however, was not granted an authorisation certificate under the provisions of assam act 1 of 1987 on the ground that the requisite forms and other documents were not furnished by the .....

Mechfield Industries Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... assessments were made. the assessment for the period september 30, 1983 was completed by the superintendent of taxes, unit-d, guwahati, under section 9(3) of the assam finance (sales tax) act, 1956 on march 15, 1984. thereafter, the deputy commissioner of taxes, guwahati, zone-c, vide letter dated december 1, 1997 issued show cause notice to the ..... petitioner for the following effect:no. ge/zone-c/569/97-98/1,001 dated december 1, 1997to m/s. mechfield industries, paltanbazar, guwahati. sub: notice under section ..... preserving the accounts for a period of eight years only.7. in the present case, the assessment was made under section 9(3) of the assam finance (sales tax) act, 1956 and under section 12 of the said act which has been repealed on july 1, 1993. the rectification of the orders could have been done within a .....

Commissioner of Income-tax Vs. Veneer Mills Pvt. Ltd.

Court : Guwahati

..... purpose of the business ...' 8. analysing the corresponding provisions in the assam finance (sales tax) act, 1956, we find that they are more or less similar to the provisions in the u. p. sugarcane cess act, 1956. section 3 is the charging section regarding tax. section 22 states, inter alia, that tax payable shall be paid in the manner ..... that the interest paid on sales tax dues under the assam finance (sales tax) act, 1956, or on forest dues are not deductible under section 36(1)(iii) of the act. the question for consideration is whether these deductions are allowable under sub-section (1) of section 37 of the act, which reads thus : '37. general.--(1) any expenditure ..... doubt that the interest payable on the sales tax dues under the assam finance (sales tax) act, 1956, is part of the sales tax liability. that being so, the amount so paid as interest is admissible as legitimate deduction under section 37 of the act. 10. the same is the position regarding the interest paid on the .....

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... price of such goods to be sold (further) by the buyer is fixed by or under any state act. . .' 6. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :'206. profits and gains from the business of trading in ..... august 18, 1994 (annexure-a), brought to the notice about the insertion of section 44ac in the income-tax act, 1961, and also subsequent deletion of the same by the finance act, 1992, and that similar provisions have been made in the new section 206c of the income-tax act, 1961, with effect from april 1, 1992. by the said letter, the ..... spirit liquor shops in assam. in this view of the matter the lessees of the country liquor shops cannot therefore be saddled with the liability imposed in section 206c of the act and the said provision will not be applicable to the buyers covered by the explanation.15. the impugned direction contained in the communication no. c-1/ .....

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

..... of such goods to be sold (further) by the buyer is fixed by or under any state act...."7. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :``206. profits and gains from the business of trading in ..... memo dated 18-8-1994 (annexure-a), brought to the notice about the insertion of section 44ac in the act, and also subsequent deletion of the same by the finance act, 1992, and that similar provisions have been made in the new section 206c of the act, with effect from 1-4-1992. by the said letter, the assistant commissioner of income ..... as forwarded by the income tax officer, sibsagar, are enclosed herewith for ready reference). the delay in deduction will lead to charging of statutory interest under section 201(1a) of the act, apart from other consequences. the person responsible for tax at source will have to bear interest on these deductions which is at 15 per cent.(sic .....

Bikul Das and ors. Vs. State of Assam and ors.

Court : Guwahati

Reported in : (1998)150CTR(Gau)227

..... of such goods to be sold (further) by the buyer is fixed by or under any state act....'7. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :``206. profits and gains from the business of trading in ..... memo dated 18-8-1994 (annexure-a), brought to the notice about the insertion of section 44ac in the act, and also subsequent deletion of the same by the finance act, 1992, and that similar provisions have been made in the new section 206c of the act, with effect from 1-4-1992. by the said letter, the assistant commissioner of income ..... as forwarded by the income tax officer, sibsagar, are enclosed herewith for ready reference). the delay in deduction will lead to charging of statutory interest under section 201(1a) of the act, apart from other consequences. the person responsible for tax at source will have to bear interest on these deductions which is at 15 per cent.(sic .....

Electric and Furnishing Mart Vs. State of Assam and ors.

Court : Guwahati

..... , if the consignor is transporting goods in pursuance of a sale for the purpose of delivery to the buyer. the buyer's registration certificate no. under the assam finance (sales tax) act, 1956, if he is a dealer, has to be stated. under clause 6, if the consignor is transporting goods after purchasing them, the name and address of ..... for restriction of movement and the conditions prescribed therein have been made with a view to ensure that there is no evasion of tax imposed by this act. section 33a also enables the state government to set up and erect check posts and barriers at any place in the state and to require every person importing goods ..... or incidental thereto : it has no power to legislate for levy of tax on sales and purchases in the course of inter-state transactions. the power conferred by section 42 authorising the imposition of restriction on transport or movement of goods might therefore only be exercised in respect of levy, collection and recovery of tax on transactions of .....

Krishna Mohan Banik Vs. Income-tax Officer

Court : Guwahati

..... the facts of the present case and not the law as it stood prior to october 27, 1992. according to mr. joshi, the proviso to section 143(2) was substituted by the finance (no. 2) act, 1991, with effect from october 1, 1991, and as per the aforesaid substituted and/or amended proviso, a limitation of 12 months from the ..... . with effect from october 1, 1991, the aforesaid proviso was no longer in operation and instead the substituted proviso introduced by the finance (no. 2) act, 1991, providing that no notice under section 143(2) shall be served on the assessee after the expiry of 12 months from the end of the month in which the return is furnished came ..... in which the return is furnished, whichever is later.'6. with effect from october 1, 1991, the finance (no. 2) act, 1991, substituted the following proviso for the aforesaid proviso to section 143(2) : 'provided that no notice under this sub-section shall be served on the assessee after the expiry of twelve months from the end of the month in .....