Court : Guwahati
..... . 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 taken to be nil and the cost of improvement of goodwill, whether acquired by purchase or otherwise, shall also be taken ..... section 263 underwent further changes by the direct tax laws (amendment) act, 1987, with effect from ..... , under the facts and in the circumstances of the case, the order under appeal, directing the income-tax officer to assess income under section 45 of the income-tax act attributable to the sale of standing trees of spontaneous growth is in accordance with law and the facts and the tribunal acted judiciously and upon consideration of the facts, law and the submissions urged in sustaining the said order as a whole, although, basic and ..... by the taxation laws (amendment) act, 1984, an explanation was introduced to sub-section (1) of section 263 of the act with effect from october ..... , and non-inclusion thereof in the order dated september 11, 1979, passed by the income-tax officer while giving effect to the directions issued by the inspecting assistant commissioner under section 144b of the act was an order of the income-tax officer or of the inspecting assistantcommissioner and whether the provisions of section 263 of the income-tax act are attracted to this non-inclusion of the aforesaid income in the said order dated september 11, 1979 ? 4. .....
Tag this Judgment!Court : Guwahati
..... referring to paragraph 31 of the judgment, he submitted that the provisions of section 51 of the finance act, 1982 by which retrospective effect to the amendments of rules 9 and 49 of central excise rules, 1944 was brought about and which is pari materia to the provisions of section 154 of the finance act, 2003, such retrospective operation cannot override the express provisions of section 11a and in the instant case the petitioners having not been issued with any notice before passing the impugned ..... spinning case (supra), the apex court upheld the retrospective amendment of rules 9 and 49 of the excise rules by section 51 of the finance act, 1982 which according to the learned counsel for the petitioner is a pari materia provision with that of section 154 of the finance act, 2003. ..... sridharan that amendment to section 154 of the finance act, 2003 retrospectively will always be subject to section 11a of the central excise act, 1944 under which a notice is required to be issued on person chargeable ..... of the deputy commissioner towards issuance of the impugned order dated 6.6.2003 for recovery of the amount in question being in pursuance to the stay order granted by the apex court and in view of the retrospective amendment as has been brought by the finance act, 2003, there is nothing wrong in the action and that everything has been done as per contemplation of the provisions of section 154 of the finance act, 2003. ..... union of india as reported in 1987 (32) elt 234 (sc), it was .....
Tag this Judgment!Court : Guwahati
..... by the direct tax laws (amendment) act, ' 1987, section 143 of the act was substituted and sub-section (1) of the substituted section 143 provided for a new scheme whereunder on the basis of the return filed by the assessee under section 139 of the act, the assessing officer was to make various adjustments in the income or loss as declared in the return ..... has filed special leave petitions before the supreme court, which are pending, but in the meanwhile, the legislature, in the finance act, 1993, has clarified the law by amending sub-section (1a) of section 143 of the act providing therein that additional income-tax is payable not only where the income as declared by the assessee is increased but also ..... amendments to sections 143(1) and 143(1a) by the direct tax laws (amendment) act, 1987, the direct tax laws (amendment) act, 1989, and the finance act, 1993, is to ensure that after the assessee files his return of income or loss, the assessing officer sends to him an intimation informing the assessee of the tax, interest or additional income-tax payable by him and the assessee is not unnecessarily called upon to produce evidence in support of his return under sub-section (2) of section 143 of the act ..... to the impugned amendment by the finance act, 1993, the petitioners in the present two civil rules were not liable for additional income-tax under the said sub-section (1a) of section 143 of the act for the incorrect returns of their losses for the period from july 1, 1987, to march .....
Tag this Judgment!Court : Guwahati
..... 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). ..... 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, 1964. ..... --where the total income, returned by any person is less than 80% 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 has been disallowed as a deduction), such person shall, ..... careful reading of the judgment of the supreme court in mussadilal ram bharose : [1987]165itr14(sc) it is clear that the explanation simply pertains to the onus of proof ..... besides, as observed in mussadilal ram bharose : [1987]165itr14(sc) that, if such a fact-finding body, bearing the proper principles in mind, comes to the conclusion that the assessee has discharged the onus put on him under the explanation, it becomes a ..... mussadilal ram bharose : [1987]165itr14(sc) in the following words (at page 22) : 'the position, therefore, in ..... bharose : [1987]165itr14(sc) ..... : [1987]168itr705(sc) .....
Tag this Judgment!Court : Guwahati
..... choudhury, learned additional advocate general, assam, has argued that the exemption on the sale of finished products to an eligible unit under section 3b of the assam finance (sales tax) act, 1956 as inserted by the amendment brought into force by assam act 1 of 1987, contemplates grant of exemption by a government notification and such exemption is also subject to the conditions as may be specified in such notification. ..... the only point which would require the consideration of the court is whether under the 1982 industrial policy in the state read with the provisions of act 1 of 1987 and the notification dated 30.7.1988 issued under section 3b of the assam finance (sales tax) act, 1956 the petitioner is entitled to exemption from payment of sales tax on its finished products.though learned counsel for the petitioner has made an elaborate argument by contending the requirement imposed by the notification ..... insofar as finished goods are concerned, by chapter iii of assam act 1 of 1987, amendment of existing sales tax laws, by incorporation of, amongst others, section 3b in each of such sales tax laws was contemplated. ..... the stipulation that a unit/industry will not be entitled to such exemption on the sale of its finished products if it had levied and collected sales tax is a requirement imposed by section 3b of the assam finance (sales tax) act, 1956 as inserted by chapter iii of act 1 of 1987. .....
Tag this Judgment!Court : Guwahati
..... . : air1999sc303 , the state government issued notification, on april 4, 1994 in exercise of the powers under section 7 of the bihar finance act, 1987 whereunder the old industrial units, which had started production prior to april 1, 1993, but whose investments in the plants and machinery had not ..... is entitled to full sales tax exemption up to april 30, 2005 in accordance with the eligibility certificate, dated july 5, 1994, aforementioned, which has been granted in terms of the scheme of 1995 and that withdrawal of exemption by amended scheme of 1999 is illegal and cannot be permitted, the petitioner-company has, now, come to this court with the help of the present writ application, made unde article 226 of the constitution of india, seeking, inter ..... according to the contents of this notification, the notification has been issued in exercise of powers contained in sub-section (4) of section 9 of the agst act, 1993, amending the scheme of 1995 making certain industries ineligible to receive the benefits of sales tax exemption under the scheme ..... saraf that the scheme of 1999 having been framed in exercise of powers under sub-section (4) of section 9 of the agst act, 1993, to give effect to the industrial policy of 1991, the impugned notification, dated november 5, 1999 whereby the scheme of 1995 has been amended by including certain industries in the list of ineligible industry is bad in law inasmuch as the same is repugnant to the industrial policy declared and announced by .....
Tag this Judgment!Court : Guwahati
..... the vires of section 25a of the act has been challenged on the ground of infringement of rights vested in the petitioners under articles 25, 26 and 300a of the constitution, as section 25a, inserted by amendment act of 1987 (assam act no. ..... two questions, therefore, arise in connection with the argument of learned counsel for the petitioners : (1) does section 148-b added to principal act by the amending act of 1959 have reference only to administration of property of sikh gurdwaras and, therefore, must be judged by clause (d) of article 26 or (2) does it affect 'matters of religion' within the meaning of clause (b) of the said article?' 26. ..... many amending acts are mentioned in the ixth schedule, but not the amending act xix of 1987 introducing section 25a to the act. ..... the learned district judge by means of the impugned order has provided that the deputy commissioner, kamrup, guwahati shall constitute a committee, either under section 25a of the act by dissolving the existing committee, or to constitute an ad-hoc committee for the members of the bardeuri samaj for proper management of the affairs of the deities within a month from the date of the order. ..... the statutory function which is conferred upon such managing committee to have control over the matter of utilization of annuity that is to say, it relates to financial affairs or management of the finances of the religious denomination and verification of the proper maintenance of the institution. .....
Tag this Judgment!Court : Guwahati
..... date would be entitled to sales tax exemption on the purchase of raw materials in accordance with clause 10.4(i)(b) of the industrial policy, 1993, of the government of bihar and whether the notification issued by it on april 2, 1994 in exercise of power under section 7 of the bihar finance act, 1981, limiting the facility to those industrial units which had not availed any such benefit on the earlier incentive policy is invalid being contrary to the policy. ..... while chapter ii thereof dwells on sales tax concessions in respect of raw materials locatable in sections 3 and 4 of the act, chapter iii dilates on the amendment of the existing sales tax law for providing sales/purchase tax concessions to raw materials as well as finished products. ..... eligible units have been identified to be those set up on or after january 1, 1987 and those already existing but have undertaken expansion, modernisation or diversification at the same location or at any other place in the state of assam provided that a unit under small-scale sector is to have 100 per cent ..... after installing the plants and machineries in 1987-88, it started its production in april, 1988. ..... in the meantime, the state legislature had enacted the act, which received the assent of the governor on january 5, 1987. ..... the package of incentives referred to therein and designated as 1986 incentive scheme (hereafter also referred to as 'the scheme') had been made effective from january 1, 1987.20. .....
Tag this Judgment!Court : Guwahati
..... has also challenged the order of reassessment dated april 13, 1999, on the ground that the reassessment was in violation of the provisions of section 18 of the act and there was no just and proper ground to do so and the same suffers from the mandatory requirement of recording of the reasons. ..... is also beyond the rule-making authority under section 72 of the act and, as such, the provisions are not ..... of the decision of the constitution bench in gannon dunkerley's case : (1993)1scc364 and prior to the 46th amendment, a state government had no jurisdiction to levy tax on works contract. ..... geeta art press, is a registered dealer under the provisions of the assam general sales tax act, 1993, hereinafter referred to as 'the act' and is engaged in the business of printing press and execution of works contract within the state ..... a conjoint reading of the provisions of section 8(1)(e) and section 2(33)(ii) of the act it is crystal clear that the transfer of goods involved in the execution of a works contract has been deemed to be 'sale' of ..... notwithstanding anything contained in sub-rule (1), the dealers specified in section 2(10)(iv) shall not be entitled to use the declaration in form 'a'.dealers specified in section 2(10)(iv) are works contractors and they have been deprived from the use of declaration in form a by the above provision of ..... peerless general finance and investment ..... : [1987]2scr1 , it was held by the apex court that no part of a statute or no word of a statute can be construed .....
Tag this Judgment!Court : Guwahati
..... an affidavit, their case being, briefly stated, as under:(i) as per the definition of 'construction of complex service', appearing in section 65(105)(zzzh) of the finance act, 1994 (as amended), since the petitioner-company is providing service to its clients, the service, so provided by them, is taxable under 'service tax ..... be liable to pay "service tax" on the gross amount charged for the construction services provided, to the builder/promoter/ developer under "construction of complex" service falling under section 65(105)(zzzh) of the finance act, 1994.if no other person is engaged for construction work and the builder/promoter/developer undertakes construction work on his own without engaging the services of any other person, then ..... prior to its amendment by the finance act, 2005, clause (30a) of section 65 of the finance act, 1994, which contained the definition of 'construction service', read as under:(30a) 'construction service' means--(a) construction of new building or civil structure or a part thereof ; or(b) repair, alteration or restoration of, or ..... finance act, 2005, clause (zzq) of section 65(105) of the finance act, 1994, was amended ..... clause (zzq) of sub-section (105) of section 65, prior to its amendment by the finance act of 2005, read as under:(zzq) service provided or to be provided to any person, ..... required to get, as per section 69 of the finance act, 1994 read with rule 4 of the service tax rules, 1994 (in short, 'the said rule'), as amended, registered so as to .....
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