Court : Guwahati
..... dated 30.1.1997 passed on revision by the joint commissioner of taxes, asam, guwahati under section 36(2) of the asam general sales taxact, 1993 read with section 74(3)(b) of the said act and section 20(2) of the asam finance (sales tax) act, 1956 for the period ending 30.9.1991, 31.3.1992, 30.9.1992, 31.3.1993 and 30.6.1993 upholding the orders of the assessment dated 10.5.1994 passed under section 9(3) of the assam finance (sales tax) act, 1956 by the superintendent of taxes, unit-c, circle-5, guwahati in respect of the ..... the decision has to be taken as per provisions of section 3 of the central sales tax act only with variation in the rate of taxes depending whether c-form is submitted or ..... the two essential ingredients of inter-state trade or commerce under the central sales tax act are - (i) movement of goods from on state to another, and (ii) transfer of title of goods supported by documents during movement from one state ..... any inter-state sale or intra-state sale, the decision will have to be taken having regard to the two points and the provisions of sub-section (2) of section 4 of the central sales tax act, 1956. ..... a registered dealer under the assam finance (sales tax) act, 1956 and the central sales tax act. ..... book has been maintained by the petitioner firm, it cannot be deemed to be local sale as defined in section 3 of the central sales tax act, 1956. ..... and conditions reached between the parties for treating the transaction as sales under cst act, 1956 has not been filed. .....
Tag this Judgment!Court : Guwahati
..... by his words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so having regard to ..... the letter dated 07.03.1977 of the deputy secretary to the government of assam, agriculture department addressed to the director of agriculture, assam, found reiteration more comprehensively in the office memorandum dated 15.10.1980ofthe government of india, ministry of finance, bureau of public enterprises based on the policy of according preference for products of public enterprises in competition with private sector undertakings in the matter of purchase by government departments. ..... by his counter filed through under secretary, finance department with reference to the cabinet memorandum for closure of aaidc and approved by the cabinet on 22.03.2006, affirmed that the state government acting on the recommendations of p.k. ..... to the contrary, the scheme comprehends that a section of the employees of the corporation may be absorbed in the state departments and for those adopting that course, they would not be entitled to the benefits under ..... a section of employees of some slpes who may be absorbed in the .....
Tag this Judgment!Court : Guwahati
..... . : [1975]101itr457(sc) , the supreme court observed as follows (page 463) : ' furthermore, it is the finance act which fixes the rate of interest payable under sub-section (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the i.t ..... . thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called ' the 1969 amendment act ').65 ..... section 18 was again amended in 1969 by section 24 of the finance act, 1969 (act 14 of 1969), and the amendment was given effect from 'april 1, 1969.21. ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called the '1969 amendment').5. ..... . act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the stipulated date ..... for the same reasons, he submits, the assessee is liable to pay penalty under section 18 as amended by the amending act of 1964 up to march 31, 1969, for the periods 1965-66, 1966-67, 1967-68 and 1968-69, and under section 18 as amended by the 1969 amendment thereafter. .....
Tag this Judgment!Court : Guwahati
..... thereafter, penalty was levied under section 18(1)(a)(i) of the act a amended by section 24 of the finance act of 1969 (hereinafter called "the 1969 amendment act").the assessee appealed to the aac of wealth-tax ..... it held that the penalty leviable for the period from april 1, 1965 to march 31, 1969, was under section 18(1)(a)(i) of the act as amended by the 1964 amendment and for the period after april 1, 1969, under section 18(1)(a)(i) as amended by the 1969 amendment.an application having been made by the assessee for a reference, the tribunal has made this reference under section 27(1) of the act and has referred the following question to us for opinion :"whether, on the facts and in the circumstances of the case, ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called the "1969 amendment").the assessee appealed to the aac of the wealth-tax ..... 18 was again amended in 1969 by section 24 of the finance act, 1969 act 14 of 1969), and the amendment was given effect from april 1, 1969.by this amendment cls. ..... act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the stipulated ..... (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the .....
Tag this Judgment!Court : Guwahati
..... . : [1975]101itr457(sc) , the supreme court observed as follows (page 463) :' furthermore, it is the finance act which fixes the rate of interest payable under sub-section (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the i.t ..... . thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called ' the 1969 amendment act ').65 ..... section 18 was again amended in 1969 by section 24 of the finance act, 1969 (act 14 of 1969), and the amendment was given effect from 'april 1, 1969.21. ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called the '1969 amendment').5. ..... . act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the stipulated date ..... for the same reasons, he submits, the assessee is liable to pay penalty under section 18 as amended by the amending act of 1964 up to march 31, 1969, for the periods 1965-66, 1966-67, 1967-68 and 1968-69, and under section 18 as amended by the 1969 amendment thereafter. .....
Tag this Judgment!Court : Guwahati
..... learned counsel for the assessee-company had drawn our attention to section 2(7)(c) of chapter ii of the finance act, 1982, where industrial company has been defined as follows : ' 'industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of ..... of the total composite income of a particular tea company should be taken within the scope of section 2(7)(c) of the finance act, 1982, to enable the assessee-company to receive the lower rate. ..... from a reading of section 5 it will appear that whatever is received by a person other than those which are excluded from the total income can be regarded as total income for the purpose of section 2(7)(c) of the finance act, 1982. ..... the expression 'mainly' has been explained in the explanation to section 2(7)(c) of the finance act, 1982. ..... learned counsel for the assessee submits that while taking into consideration the total income, it should be determined on the basis of the definition of section 2(45) and section 5 of the income-tax act and if the total income is determined on that basis, the total agricultural income shall have to be excluded by virtue of the provisions of law contemplated under section 10 of the income-tax act, 1961.6. mr. .....
Tag this Judgment!Court : Guwahati
..... the revenue submitted that, in view of the provisions of section 2(1b) which was introduced by the meghalaya sales tax amendment act, 1985, the business of the petitioner was such as would come within the purview of the meghalaya sales tax act and subject to sales tax. ..... we are surprised at the attitude of the state which have put forward the plea that on the passing of the 46th amendment the constitution had conferred on the states a larger freedom than what they had before in regard to their power to levy sales tax under entry 54 ..... it was inter alia argued before the learned single judge that the assam finance (sales tax) act, 1956, as adopted in meghalaya as meghalaya finance (sales tax) act, was not applicable so far as the business of the writ petitioner ( ..... the photostat copies of the registration certificate under (a) the meghalaya finance (sales) tax act and (b) the central sales tax act duly attested by the superintendent of taxes/ inspector or taxes government of meghalaya are ..... writ petitioner that he runs a photo colour lab which undertakes the job of developing photograph belonging to customers.the business of the petitioner does not come within the purview of the meghalaya finance (sales tax) act and he is not a dealer under the said act. ..... a photo paper from a negative on the order of customer and hands over that photograph to the customer, any sale of photo paper is involved in the transaction on which sales tax is leviable under the meghalaya finance (sales tax) act.2. .....
Tag this Judgment!Court : Guwahati
..... , on the facts and in the circumstances of the case, the tribunal was legally correct in applying the provisions of the explanation to section 271(1)(c) of the income-tax act, 1961, as introduced by section 40 of the finance act, 1964 ?'2. ..... the assessed income and hence the default was covered by the new explanation inserted by section 40 of the finance act, 1964. ..... or wilful neglect in not showing the item of charity and the interest in the return, that such expenses claimed by the assessee without mentioning in the return itself came within the purview of the explanation to section 271(1)(c) of the income-tax act, 1961, and that even assuming that there were certain other items also, which could not form part of the subject-matter of penalty under the explanation ..... from the order of the tribunal in the penalty appeal it is found that, according to the tribunal, the explanation to section 271(1)(c) of the act is applicable to the facts and circumstances of the case and, therefore, the burden of proof is on the assessee-petitioner as provided under the explanation and that burden having not been discharged the assessee was deemed ..... question that requires consideration in the instant case is whether, on the facts and in the circumstances of the present case, the explanation to section 271(1)(c) of the income-tax act, 1961, hereinafter referred to as 'the act', is applicable.7. ..... this is a reference under section 256(1) of the income-tax act, 1961, and the following question of law has .....
Tag this Judgment!Court : Guwahati
..... act, 1922, as amended from time to time, formed a code, which had no operative effect except in so far as it was rendered applicable for recovery of tax imposed for a particular fiscal year by a finance act. ..... of the tribunal, has drawn up the above statement of the case, reframed the question and referred the same to this court as follows :"whether, on the facts and in the circumstances of the case and on a true interpretation of section 27 of the income-tax act, 1961, the assessee could be deemed to be the owner of the house property which was transferred to his spouse prior to the commencement of the ..... 7 of its order :"but here the assessees case from the assessment year 1962-63 comes within the provisions of section 64(iii) read with section 27 of the act, the as such the view taken by the appellate assistant commissioner in excluding income from holding no. ..... 27 were application since the assessment related to the assessment year 1969-70, when that section was very much in the statute book.the assessee applied on april 15, 1976, requiring the tribunal to draw up a statement of the case and to refer the question set out in annex. ..... the aac also, without referring to any section of the 1961 act, observed :"as regards the other property being holding no. .....
Tag this Judgment!Court : Guwahati
..... act, 1922, as amended from time to time, formed a code, which had no operative effect except in so far as it was rendered applicable for recovery of tax imposed for a particular fiscal year by a finance act. ..... by virtue of the finance act, 1939, section 16(1)(c) of the indian i.t ..... of the tribunal, has drawn up the above statement of the case, reframed the question and referred the same to this court as follows : 'whether, on the facts and in the circumstances of the case and on a true interpretation of section 27 of the income-tax act, 1961, the assessee could be deemed to be the owner of the house property which was transferred to his spouse prior to the commencement of the ..... for the assessment year 1939-40, the income derived from the assets comprised in four trust deeds transferred on april 5, 1933, were deemed to be the income of the assessee under section 16(1)(c) of the act as amended by the amendment act of 1939. 18. in r. ..... 'but here the assessee's case from the assessment year 1962-63 conies within the provisions of section 64(iii) read with section 27 of the act, and as such the view taken by the appellate assistant commissioner in excluding income from holding no ..... the above facts, instead of refusing to answer the question as referred, we reframe the question as under: ' whether, on the facts and in the circumstances of the case, and on a true interpretation of section 64(iii) read with section 27 of the income-tax act, 1961, the income from the house property in holding no. .....
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