Court : Guwahati
..... . this is annexure vi to the writ application.a revision petition was filed before the commissioner of taxes under section 20(2) of the assam finance (sales tax) act challenging the notice under section 31(1) of the act and also seizure of the books of account. a written argument was submitted before the commissioner of taxes, i ..... visited the premises of the petitioner-firm. inspector of taxes, dibrugarh, respondent no. 4, instantly issued a notice to the petitioner-firm under section 31(1) of the assam finance (sales tax) act directing the petitioner to produce all the books of account relating to the business with effect from april 1, 1988 to september 19, 1989 ..... of account dated september 19, 1990 illegal and void.the brief facts are as follows :on september 8, 1989 notice was issued under section 33(1) of the assam finance (sales tax) act, 1956, by the superintendent of taxes, dibrugarh, directing the petitioner to produce the books of account and documents for the periods ending march .....
Tag this Judgment!Court : Guwahati
..... against which appeals/applications were pending at the time of enforcement of the assam general sales tax act, 1993. such being the unavoidable inference after conjoint reading of sections 19 and 20 of the assam finance (sales tax) act, 1956 and section 74 of the assam general sales tax act, 1993, the assessment order dated 6.1.93 cannot be set aside in the appeal filed ..... with repeal and savings of the assam sales tax act, 1947, assam finance (sales tax) act, 1956, assam (sales of petroleum and petroleum products including motor spirit and lubricants) taxation, act, 1955 (assam act ix of 1956) and no. 4 assam purchase tax act, 1967 (assam act xix of 1967). for easy reference section 74 of assam general sales tax act, 1993 is quoted hereunder:repeal and savingssection 74 .....
Tag this Judgment!Court : Guwahati
..... not applicable in the instant case. 13. the term 'income' has been defined under section 2(24) of the income-tax act. sub-clause (ix) of section 2(24) of the act was inserted by the finance act, 1972, which brought the winnings from lotteries within the purview of the act. section 2(24)(ix) runs thus : '(ix) any winnings from lotteries, crossword puzzles, races ..... the following decisions : mcdowell and co. ltd. v. cto : [1985]154itr148(sc) and the madras high court's decision in southern brick works ltd. v. cit : [1984]146itr479(mad) . it has been further argued that substitution of clause 10 of the agreement dated december 2, 1991 by clause 5 of the agreement dated august 7, 1992, was ..... pay sales tax as the first dealer. with a view to reducing the burden of tax on tamil nadu raffles, the state government issued notification dated march 51, 1984, bringing into force an arrangement whereby while retaining the sale price of the ticket at its face value, the tax was not to be passed on to the .....
Tag this Judgment!Court : Guwahati
..... individual or a hindu undivided family, the capital gain arises from the transfer of a long-term capital asset ['to which the provisions of section 53 are not applicable, omitted by the finance act, 1985 with effect from 1-4-1985] being buildings or lands appurtenant thereto, and being a residential house, the income of which is ..... chargeable under the head 'income from house property (hereafter in this section referred to as the original asset), and the assessee has within a period of ..... furnishing the return of the income-tax under section 139 of the income-tax act. section 139 of the income-tax act, 1961, cannot be meant only section 139(1) but it means all sub-sections of section 139 of the income-tax act, 1961. under sub-section (4) of section 139 of the income-tax act any person who has not furnished a return .....
Tag this Judgment!Court : Guwahati
..... chapter vi-a was inserted by the finance act, 1965, with effect from april 1, 1965. deduction from income for the purpose of computing taxability of income has to be done not only taking into account the provisions of sections 30 to 43d, but also taking into consideration deductions permissible under chapter vi-a of the act. section 80hhc is part of chapter vi-a ..... ltd. was the assessee for the assessment year 1985-86 pertaining to the accounting period ending june 30, 1984, and was carrying on the business of growing, manufacture and sale of tea in india and abroad. the assessee was assessed under the income-tax act by the inspecting assistant commissioner of assam, guwahati. the assessing authority has allowed deduction of the profit .....
Tag this Judgment!Court : Guwahati
..... the due date for filing of the return of income, the assessee would be entitled to relief under explanation 2 to section 43b of the income-tax act, 1961, as has been inserted by the finance act, 1989, with retrospective effect from april 1, 1984. the contributions towards provident fund, etc., in the instant case have admittedly been paid before the filing of thereturn by .....
Tag this Judgment!Court : Guwahati
..... up to march 31, 1969, was to be made under section 18(l)(i) of the wealth-tax act, 1957, as substituted with effect from april 1, 1965, by section 18 of the wealth-tax (amendment) act, 1964, and thereafter under section 18(l)(i) as substituted by section 24 of the finance act, 1969 ?' 2. in the two questions, the issue relates ..... the appellate assistant commissioner had allowed relief to the assessee even beyond the date of the submission of the return of net wealth as required under section 14(2) of the act. therefore, the grievance of the assessee with reference to the assessment years 1966-67 to 1968-69 in the context of pleas taken before us ..... in holding that although the show-cause notices under section 18(2) of the wealth-tax act, 1957, were issued for non-compliance with the provisions of the notices under section 14(2) of the wealth-tax act, penalty orders imposing penalties for the default under section 14(1) of the wealth-tax act, 1957, for the assessment years 1966-67 and .....
Tag this Judgment!Court : Guwahati
..... 34a of the rules of business, points out the learned advocate general, proposals involving expenditure for which no provisions have been made in the appropriation act necessitate consultation with the finance department before the order is issued. in the present case, contends the learned advocate general, it is clear that the agreements, which the minister ..... promise made by him was binding on the government and it would not make any material difference even if the minister had not consulted the finance department, for, the minister had acted, according to mr. sahu, on behalf of the state government in the present case. it is also submitted, on behalf of the ..... made it clear that a minister's entering into an agreement, with any party, involving revenue expenditure without consultation with the finance department or without provisions having been made in the appropriation act, is nothing, but an agreement reached beyond the powers of the minister and would be void ab initio, we would like .....
Tag this Judgment!Court : Guwahati
..... a.'), it is imperative that one takes note of the relevant provisions of the assam town and country planning act, 1959 (in short, 'the act'), where under the development authority is constituted. section 8a of the act of 1959 act clearly shows that it is the state government, which by notification in the official gazette constitutes, for the purpose ..... .15. reacting to the submissions, made on behalf of the respondents, mr. goswami has submitted that the documents on record clearly reveal that the projects are financed by the central government under golaghat master plan. in such circumstances, contends mr. goswami, the function of the g.d.a. has to be in tune ..... . goswami, that when the lowest tender is not accepted, reason be recorded, in writing. this apart, the office memorandum, dated 15.12.03, issued by the finance (esstt.-a) department, government of assam, directs all concerned that lowest tenderer should be allotted the work and, in the case of any exception thereto, reasons should be .....
Tag this Judgment!Court : Guwahati
..... financial institutions-in exercise of the powers conferred by sub-section (2) of section 4a of the companies act, 1956 (1 of 1956), the central government hereby specifies the following institutions to be public financial institutions, namely- (1) the industrial reconstruction bank of india established under the industrial reconstruction bank of india act, 1984 (62 of 1984) ; (2) the general insurance corporation of india established under ..... , the petitioner challenged the said transfer on the ground that 'other proceeding' does- not mean the execution proceeding. however, the tribunal relied on the decision in risk capital and technology finance corporation ltd. v. harnath singh bapna : air1997delhi239 and rejected the contention of the petitioner. a close and careful perusal of the aforesaid decision shows that in the above referred case .....
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