Judgment Search Results Home > Cases Phrase: finance act 1992 section 102 amendment of schedule iii Court: guwahati Page 5 of about 51 results (0.147 seconds)

Bhawani Shankar Bagaria Vs. Asst. Controller of Estate Duty

Court : Guwahati

..... irc [1899] ac 198; 1 edc 193, lord macnaghten said that the principle on which the finance act, 1894, was founded is that whenever property changes hands on a death, the state is entitled to step in and take toll of the property as it passes without regard to its destination or to the degree of relationship, if any, that may have ..... what is more, it would not fall within the ambit of the expression 'debts' and 'incumbrances' employed in section 44 of the act particularly having regard to the fact that we are of the view that the expression 'debts' is referable to the debts of the deceased and alsothat the expression 'incumbrances' is referable to the incumbrances created by the ..... it was further contended that the liability to pay estate duty is charged, on the property passing, by virtue of section 74 of the act and, therefore, when such properties are being valued under section 36, the fact that it is charged with the estate duty will have a depressing effect on the value of the properties ..... (1) in the case of every person dying after the commencement of this act, there shall, save as hereinafter expressly provided, be levied and paid upon the principal value ascertained as hereinafter provided of all property, settled or not settled, including agricultural land situate in the territories which immediately before; the 1st november, 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 .....

Ladhuram Laxminarayan Vs. Commissioner of Income-tax

Court : Guwahati

..... 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 ..... 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 ..... of law has been referred by the income-tax appellate tribunal, gauhati bench, under section 256(1) of the income-tax act, 1961, hereinafter referred to as ' the act ' : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the assessee firm had furnished inaccurate particulars of income and, therefore, penalty levied under section 271(1)(c) is valid ' 2. ..... that being the position, for the purpose of the income-tax act, a firm cannot be equated with the partners because from the relevant provisions of the income-tax act it is quite clear that a firm is an entity which may be assessed as a person as distinguished from the individual partners who may ..... under section 2(31) of the act, 'person' has been defined as follows : ''(31) 'person' includes- (i) an individual, (ii) a hindu undivided family, (iii) a company, (iv) a firm, (v) an association of persons or a body of individuals, whether incorporated or not, (vi) a local authority, and (vii) every artificial juridical person, not falling within any of the preceding .....

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

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 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. ..... section 3b which was incorporated in all such sales tax laws by chapter iii of assam act 1 of 1987, being peri materia, the provisions of section 3b may be usefully extracted herein under :3b. ..... (iii) for the period with effect from 1.8.1988 the dealer was holding an authorisation certification granted under section 4 of assam act 1 of 1987.it must be noticed, at this stage, that the petitioner was granted an eligibility certificate dated 27.6.1987 certifying that the petitioner would be entitled to exemption from sales tax for the period with effect from 15.11. ..... 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. .....

Mechfield Industries Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... assessment orders passed by the superintendent of taxes for the periods ending september 30, 1981, march 31, 1982, september 30, 1982, march 31, 1983 and september 30, 1983 under the assam finance (sales tax) act, 1956 are erroneous in so far as it was prejudicial to the interest of the revenue, you are therefore asked to appear before the undersigned on december 15, 1997 at 11 ..... 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 ..... in view of the specific provisions under the assam finance (sales tax) act, 1956 since repealed and provisions of rule 36 read with section 41 of the assam general sales tax act, 1993, we have no hesitation to hold that the jurisdiction of entertain to suo motu is available to the competent authority within a period of eight years from the date of final assessment order or date of ..... reads as follows:36(1) the commissioner may call for and examine the records of any proceeding under this act and if he considers that any order passed therein by any person appointed under sub-section (1) of section 3 to assist him is erroneous insofar as it is prejudicial to the interests of the revenue, he may, after giving the dealer or the person to whom the order relates an opportunity of being heard and after making or ..... 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. .....

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

Court : Guwahati

..... the following question has been referred at the instance of the revenue to this court by the income-tax appellate tribunal, guwahati bench, guwahati, under section 256(1) of the income-tax act, 1961 (for short, 'the act') : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the payment of interest of ..... can be no controversy 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 previous year corresponding to the assessment year 1977-78, the assessee paid interest on sales tax dues to the state government under the provisions of the assam finance (sales tax) act, 1956, as also interest for delayed payment of forest kist amount due to the government for some prior years. ..... income-tax officer disallowed deduction of this amount from the assessable income on the ground that interest was paid for delayed payment and was penal in nature akin to interest under section 220(2) of the income-tax act, 1961, and the same is not covered by section 36(1)(iii) of the income-tax act. ..... court held in paragraph 12 (at page 435) : 'in our opinion, the interest paid under section 3(3) of the cess act cannot be described as a penalty paid for an infringement of the law. ..... to these provisions there can be no 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. .....

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

Court : Guwahati

..... amendment as cited above, the assistant commissioner of income-tax tds, by his memo dated 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 ..... auction, or tender or any other mode, goods of the nature specified in the table in sub-section (1) or the right to receive any such goods but does not include (i) a public sector company (ii) a buyer in the further sale of such goods obtained in pursuance of such sale, or (iii) a buyer where the goods are not obtained by him by way of auction and where the sale ..... sale price of such goods to be sold by the buyer is fixed by or under any state act ; (b) 'seller' means the central government, a state government or any local authority or corporation or ..... of auction, tender or any other mode, goods of the nature specified in thetable in sub-section (1) or the right to receive any such goods but does not include,-- (i) a public sector company, (ii) a buyer in the further sale of such goods obtained in pursuance of such sale, or (iii) a buyer where the goods are not obtained by him by way of auction and where the .....

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

Court : Guwahati

..... as a sequel to the amendment as cited above, the assistant commissioner of income tax tax deduction at source, by his 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. ..... " as a person who obtained in any sale, by way of auction, or tender or any other mode, goods of the nature specified in the table in sub-section (1) or the right to receive any such goods but does not include (i) a public sector company (ii) a buyer in the further sale of such goods obtained in pursuance of such sale, or (iii) a buyer where the goods are not obtained by him by way of auction and where the sale price of such goods to be sold by the ..... nonature of goodspercentage(1)(2)(3)(i)alcoholic liquor for human consumption (other than indian made foreign liquor)15(ii)timber obtained under a forest lease15(iii)timber obtained by any mode other than under a forest lease5(iv)any other forest produce not being timber153.2 the term `buyer' in section 206c is defined to mean `a person who obtains in any sale, by way of auction, tender or any other mode, goods of the nature specified in the table referred to above or the right .....

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

Court : Guwahati

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

..... as a sequel to the amendment as cited above, the assistant commissioner of income tax tax deduction at source, by his 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. ..... ' as a person who obtained in any sale, by way of auction, or tender or any other mode, goods of the nature specified in the table in sub-section (1) or the right to receive any such goods but does not include (i) a public sector company (ii) a buyer in the further sale of such goods obtained in pursuance of such sale, or (iii) a buyer where the goods are not obtained by him by way of auction and where the sale price of such goods to be sold by the ..... nonature of goodspercentage(1)(2)(3)(i)alcoholic liquor for human consumption (other than indian made foreign liquor)15(ii)timber obtained under a forest lease15(iii)timber obtained by any mode other than under a forest lease5(iv)any other forest produce not being timber153.2 the term `buyer' in section 206c is defined to mean `a person who obtains in any sale, by way of auction, tender or any other mode, goods of the nature specified in the table referred to above or the right .....

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

Court : Guwahati

..... . khatri, the learned counsel for the petitioner, submits, inter alia, that the direction and the specimen form in annexures b and c are contrary to the letter and spirit of sections 33 and 33a of the act and rules 55, 56, 57, 71, 72, 73 and 74 of the rules, that these are violative of the rights of the firm's partners guaranteed under articles 19(1)(g), 301, 302 and 304(b) of the constitution of india as these create unreasonable restrictions on freedom of ..... . hansa corporation air 1981 sc 463, the karnataka tax on entry of goods into local areas for consumption, use or sale therein act (27 of 1979) which levied on scheduled goods either manufactured or produced within karnataka state or imported from outside on their entry in a local area was held to have satisfied the test of reasonableness under article 304(a) and not to be violative of article 19(1)(g) ..... . atiqa begum air 1941 fc 16 it has been held that the general descriptive words in item 21 of the seventh schedule of list ii of the government of india act included 'the collection of rents', and if a provincial legislature can legislate with respect to the collection of rents, it must also have power to legislate with respect to any limitation on the power of a landlord to collect rents as well as ..... hereby permit to take delivery or to transport the consignment detailed above.signature of superintendent of taxes, seal.date--- circle---the rules were amended in 1971 by the assam finance (sales tax) (amendment) rules, 1971 .....

Krishna Mohan Banik Vs. Income-tax Officer

Court : Guwahati

..... return had been filed for the assessment year 1990-91, the said proviso to section 143(2) of the act of 1961, prior to its amendment with effect from october 1, 1991, applied to the facts of the present case and as the return had been filed for the assessment year 1990-91 by the petitioner on march 31, 1992, notice under section 143(2) could be issued by the assessing officer on the petitioner for producing ..... expired a notice requiring him, on a date to be therein specified,-- (i) where such person has not made a return within the time allowed under sub-section (1) of section 139, to furnish a return of his income or the income of any other person in respect of which he is assessable under this act, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, or(ii) to produce, or cause to ..... be produced, such accounts or documents as the assessing officer may require, or(iii) to furnish in writing and verified in the prescribed manner information in such form and on such points or matters (including ..... section 143(2) was substituted by the finance ..... proviso was no longer in operation and instead the substituted proviso introduced by the finance (no. ..... finance ..... finance .....