Court : Guwahati
..... during 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 ..... 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 rs. ..... having regard 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. ..... 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 ..... the relevant provisions of the assam finance (sales tax) act, 1956, already referred to, would indicate that interest is provided therein as part and parcel of the liability to pay sales tax and as accretion ..... 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. ..... 988 by the assessee on account of delayed payment under the assam finance (sales tax) act and of rs. .....
Tag this Judgment!Court : Guwahati
..... (referred to above), the finance department of the government of assam, approved every scheme of the bank as defined in section 2 of the assam recovery of loan (amendment) act, 1977, for assisting within assam any agricultural activity and purpose as defined in section 2(a) of the act of 1976, or for any industrial activity and purpose as defined in section 2(e) thereof, and, therefore, the said loan was recoverable from the petitioner under the act of 1913, it was further ..... bank, loan was sanctioned to the petitioner under its scheme for financing the small scale industrial units approved by the notification dated 9.6.1992 for the purpose of industrial activities and providing goods and services and such loan was recoverable under the provisions of the act of 1913. 8. ..... he maintained that till this stage of the proceeding the certificate holder has not produced any such scheme to justify its claim as a public demand under the act of 1976, no record indicating approval of any of such scheme by the state government has been produced either, referring to the notification dated 9.6.1992, annexure- b to the affidavit filed ..... of a bank for assisting any agricultural activity or for industrial activities and purposes as mentioned therein had been approved by the state government for the purpose under section 3 of the act of 1976, the said notification is clearly not applicable to the case of the petitioner as admittedly the alleged loan had been advanced to him in the year 1989, i.e. .....
Tag this Judgment!Court : Guwahati
..... article 136 of the constitution, the supreme court refused to differ from the views expressed by the high court and observed as follows : 'it will, therefore, be seen that the word 'vegetable' in item 6 of schedule i to the act must be construed as understood in common parlance and it must be given its popular sense meaning 'that sense which people conversant with the subject-matter with which the statute is dealing would attribute to it' and so construed ..... by entering into the realm of policy.in the case in hand, the learned counsel for the petitioner has submitted that the act in question is applicable only with respect to the sale or purchase of goods within the state of assam and since the sales of ginger take place at dimapur outside the state of assam, the article in question is not ..... ahmed reported in [1977] 39 stc 378, the supreme court had the occasion to deal with a similar question wherein sales tax was levied by the bengal finance (sales tax) act, 1941 on the taxable turnover of a dealer computed in accordance with the provisions of the aforesaid act. ..... commissioner of agricultural income-tax and sales tax reported in [1964] 15 stc 665 (sc); air 1965 sc 161.the last question/point need not detain us for the simple reason that the act in question is only applicable with respect to sale or purchase of goods in the state of assam.4. ..... of levy of sales tax on gingers under the assam general sales tax act, 1993 is the core question involved in this writ petition.2. .....
Tag this Judgment!Court : Guwahati
..... court were challenged by the appellants in the title appeals before the first appellate court, and the first appellate court held that as per the definition of english mortgage given in section 58(e) of the tp act, the transfer of mortgaged property by the mortgagor to the mortgagee was not absolute because under the proviso in section 58(e), the mortgagor has to retransfer the mortgaged property to the mortgagee upon payment of the ..... sick and the borrower did not make any repayment as stipulated in the agreement and the hypothecation deeds and the state financial corporation took steps to take over the unit under section 29 of the act, 1951, for recovering an amount of rs.38.57 lakhs, but on writ petition filed by the borrower, the high court directed the corporation to consider rehabilitation of the sick unit, and to restore back possession of ..... the parties would not succeed or fails in these second appeals on a determination of the rights of the parties under the mortgage deed dated 7.4.1969 or under sections 58(e), 69 and other relevant provisions of the tp act, and their success or failure will depend upon the reversal or confirmation of the conclusions of the first appellate court on the other points under the substantial question of law nos. ..... have no fund of our own, neither we have any resources to arrange working finance of mantala tea estate for the season 1977-78, in case our bankers turn down our request to provide finance for the usual working of mantala tea estate. .....
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 ..... . the court further held thus : [1977]108itr787(ap) : '...when clause (a) to section 18(1) read with section 18(1)(i) of the act does not expressly or by necessary implication treat the default as a continuing default, it would, in our opinion, be stretching the point too far to hold that from the scale of penalty provided in clause (i) it should be assumed that the ..... in suresh seth [1977] 108 itr 86, the high court of punjab and haryana was concerned with the interpretation of section 18(1)(a)(i) of the act for non-submission of returns for two assessment years 1964-65 and 1905-66, as required under section 14(1) of the act. ..... . ram narain agrawal : [1977]106itr965(all) and cgt v. c ..... . ram narain agrawal : [1977]106itr965(all) a similar question arose before the allahabad high court under the following circumstances :86 ..... ram narain agarwal : [1977]106itr965(all) and, after distinguishing the cases relied on by the learned counsel for the revenue in support of his submission, as to what is meant by continuing offence the court observed at page 90 (of 108 itr) : ' the aforementioned three ..... ram narain agrawal : [1977]106itr965(all) and (3) balakrishna. .....
Tag this Judgment!Court : Guwahati
..... order, the cwt had the following question referred for the opinion of the high court : "whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the w. t. ..... in suresh seth [1977] 108 itr 86, the high court of punjab and haryana and concerned with the interpretation of section 18(1)(a)(i) of the act for non-submission of returns for two assessment years 1964-65 and 1965-66, as required under section 14(1) of the act. ..... ram narain agrawal : [1977]106itr965(all) and cgt v. c ..... ram narain agrawal : [1977]106itr965(all) a similar question arose before the allahabad high court under the following circumstances :the assessee was assessed to wealth-tax as an individual for the assessment years 1964-65, 1965-66, 1966-67 and 1967-68 ..... ram narain agrawal : [1977]106itr965(all) and, after distinguishing the cases relied on by the learned counsel for the revenue in support of his submission, as to what is meant by continuing offence the court observed at page 90 (of 108 itr) :"the aforementioned three ..... ram marain agrawal : [1977]106itr965(all) and (3) balakrishna savalram pujari waghmare v ..... medisetty ramarao : [1977]108itr318(ap) (that was a case under section 271(1)(iii) of the i.t ..... ramnarain agrawal : [1977]106itr965(all) the allahabad high court expressed a similar view; and at page 969, it observed :"by filing of the return the default did not cease .....
Tag this Judgment!Court : Guwahati
..... 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 ..... . the court further held thus : [1977]108itr787(ap) :'...when clause (a) to section 18(1) read with section 18(1)(i) of the act does not expressly or by necessary implication treat the default as a continuing default, it would, in our opinion, be stretching the point too far to hold that from the scale of penalty provided in clause (i) it should ..... [1977] 108 itr 86, the high court of punjab and haryana was concerned with the interpretation of section 18(1)(a)(i) of the act for non-submission of returns for two assessment years 1964-65 and 1905-66, as required under section 14(1) of the act ..... ram narain agrawal : [1977]106itr965(all) and ..... . ram narain agrawal : [1977]106itr965(all) a similar question arose before the allahabad high court under ..... ram narain agarwal : [1977]106itr965(all) and, after distinguishing the cases relied on by the learned counsel for the revenue in support of his submission, as to what is meant by continuing offence the court observed at page 90 (of 108 itr) ..... narain agrawal : [1977]106itr965(all) and ..... ramnarain agrawal : [1977]106itr965(all) the allahabad high court expressed a similar view ; and at page 969, it observed :' by filing of the return the .....
Tag this Judgment!Court : Guwahati
..... this contempt petition is filed under sections 11 and 12 of the contempt of courts act, 1971 read with the provisions of contempt of court (gauhati high court) rules, 1977 and article 215 of the constitution of india by the petitioner of wp(c) no.3667 of 2012 decided by the learned single judge on 2.8.2012. 3. ..... verma, learned standing counsel, finance department, for the respondents. 2. ..... above, the respondents and all other authorities responsible for ensuring compliance shall be held guilty for committing contempt of this court order and appropriate order(s) imposing punishment as provided under the contempt of courts act would be passed against each of them. 7. ..... in-fact, the departments are created only for the purpose of convenience and administrative exigencies, but that does not give them any right not to act in coordination with other departments. .....
Tag this Judgment!Court : Guwahati
..... accordingly made the following reference : 'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the provisions of section 155(1)(b) of the income-tax act, 1961, read with section 271(1)(c) were applicable and that the extended period of limitation of eight years was available to the assessing officer and in that view in holding that the assessment made on march ..... disposal of the assessment proceedings during the relevant time, amendment was made by the finance act of 1968, effecting a phased reduction in the time limit from four years to two years as indicated in sub-clauses (i), (ii) and (iii) of clause (a) to sub-section (1) of section 153 of the act of 1961. ..... however, in those cases wherein the asses-see has made concealment of particulars of his income or furnished inaccurate particulars of such income, as mentioned in section 271(1)(c) of the act of 1961, a longer time period is prescribed in view of the fact that such enquiry at the assessment stage would be likely to consume more time and accordingly, a longer time limit for completion ..... the facts, the decision referred to in surajpal singh's case : [1977]108itr746(all) , is not applicable to the case in hand, ..... the aforesaid case surajpal singh : [1977]108itr746(all) , the asses-see ..... decision in surajpal singh's case : [1977]108itr746(all) , has no application ..... : [1977]108itr746 ..... surajpal singh : [1977]108itr746(all) , which was relied upon by the commissioner of income-tax .....
Tag this Judgment!Court : Guwahati
..... on today, the super-tax is repealed by the amendment of section 4 of act vii of 1964 by the finance act xxiii of 1986. ..... surtax is discontinued for and after the assessment year 1988-89 under the finance act, 1986. 3. ..... income-tax and super-tax are thus levied, quantified and collected under one common act but the separate identity of the two taxes is maintained in the statute book ever since the inception of super-tax in 1917. ..... we hold that deduction of surtax is not prohibited under section 40(a)(ii) of the income-tax act and is paid by companies under astatute and, therefore, can be deducted under section 37 of the income-taxact. ..... learned standing counsel for the revenue at first argued that in act vii of 1964 or in the income-tax act, 1961, there is no provision to deduct surtax and, therefore, surtax cannot be ..... this reference is made under sub-section (1) of section 256 of the income-tax act, 1961, at the instance of the assessee, a tea company with the name doom dooma tea company ..... high court, in the first case, grappled with the definition of tax in section 2(43) of the income-tax act, 1961, and held that the definition of 'tax' in the context is inapplicable. ..... in the objects and reasons of the bill which became later act vii of 1964, it is recited (see : [1964]51itr82(mad) ) : 'the object of this bill is to impose a special tax on companies (other than those which have no share capital) on their excess profits, namely, the amount by ..... (bom) of 1974-75 dated december 1, 1977. .....
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