Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 Court: guwahati Page 5 of about 172 results (0.065 seconds)

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... he further contended that if the policy of the whole act is prevention of evasion, then both sections 37(1) and 37(2) apply in the same field and serve the same purpose, namely the prevention of evasion.dr.paul contended in reply that the preamble of the finance act of 1956, which introduced section 37(2) by way of an amendment, in the income-tax act, disclosed the policy, namely, the giving effect to the finance proposals of the central government. ..... he further pointed out that the preamble of the finance acts passed from year to year has always been the same, and, therefore, cannot afford any guidance whatsoever in the matter of the scope and application of a special provision like section 37(2), introduced as an amendment to the indian income- tax act of 1922, by one of these finance acts.to meet the contention of mr. ..... the object of the finance acts, which have to be passed annually, is only to fix the rate of the taxes for the year, and that it is only after the finance act for the year in question is passed and the budget proposals are placed before the parliament and passed, that the appropriation act authorising the government to appropriate moneys from the consolidated and contingency funds of the state would be passed. ..... this provision was introduced by way of an amendment, by the finance act, 1956 (act xviii of 1956), which was enacted to give effect to the financial proposals of the central government for the financial year 1956-57, as seen from its preamble. .....

Baijnath Biswanath and anr. Vs. State of Assam and ors.

Court : Guwahati

..... 3, under section 20(1) of the assam finance (sales tax) act, 1956, hereinafter referred to as the act, 1956, for the assessment periods ending september 30, 1984, march 31, 1985, september 30, 1985 and march 31, 1986 ..... mention the circumstances which led me to the taking up for this and other such revision proceedings of dealers dealing in onion.onion is a taxable commodity which is taxed under the assam finance (sales tax) act, 1956. ..... section, before any registered dealer furnishes the returns required by section 8(1), he is required to pay in the prescribed manner into the government treasury the full amount of tax due from him under the act on the basis of such returns, and is required to furnish along with the returns a receipt from such treasury in token of payment of such tax, where a revised return is submitted by a registered dealer under ..... section 8(3) of the act, 1956 and if the revised return shows a greater amount of tax to be due than was payable on the basis of the original return, the dealer is to pay the excess amount of tax in the ..... enjoins that if any dealer does not pay into the government treasury the full amount of tax payable by him under the act by the due date simple interest at the rate of twelve per centum per annum from the first day of the month next following the said date shall be .....

Vinod Trading Co. Vs. State of Assam and ors.

Court : Guwahati

..... in delux wines [1990] 77 stc 373, the andhra pradesh high court while dealing with the scope and ambit of section 14 of the andhra pradesh general sales tax (amendment) act, 1985 for reopening of assessment holding that in the exercise of such power, the authority concerned has to have materials de hors the assessment record and that the reopening of assessment on a ..... the present setting of facts, i am of the considered opinion that the purported basis of reopening the assessment of the petitioners under section 17(4) of the act could not have generated the belief that the petitioners' turnover pertaining to sale of onion during the assessment year in question, had escaped assessment to tax ..... the scope of power of the commissioner under section 20 of the assam finance (sales tax) act, 1956 to effect a suo motu revision of any order of assessment, it was held by this court that in the absence of any authentic material regarding sale price on the date of assessment, the commissioner ought not to have directed a fresh assessment acting on the market information and report of the department of agriculture.28. ..... the common grievance in this batch of writ-petitions relates to reassessment of tax under section 18(1) of the assam general sales tax act, 1993 (hereinafter referred to as 'the act') on account of claimed escapement of turnover of the petitioner at the time of initial assessment for the assessment year 1994-95, the statutory appeals having failed, the petitioners have invoked .....

Assam Seeds Corporation Limited Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... ] 41 stc 394, the supreme court while considering whether atukulu (parched rice) and muramaralu (puffed rice) are 'rice' within the meaning of entry 66(b) of the andhra pradesh general sales tax act, 1957, gave a broad enough interpretation of the term 'rice' in accordance with the common sense rule of interpretation and held that the term 'rice' as ordinarily understood is wide enough to include ..... at the rate of 8 paise in a rupee without considering the fact that cereals and pulses in all its forms are exempted from payment of sales tax vide entries 6 and 48 of schedule i of 'the act 1993', the superintendent of taxes failed to appreciate that the entries are very wide to cover the cereals and pulses in all its forms and the said items namely, seeds can be said to be one of ..... the present civil rule has been preferred against both the order dated january 3, 1998 passed by the superintendent of taxes, guwahati, (unit-c) under the assam general sales tax act, 1993 (in short called 'the act 1993') for the assessment years 1994-95 and 1995-96, levying tax at the rate of 8 per cent on the sale of various types of seeds and further prayer has been ..... in ghasi ram hari ram [1972] 30 stc 88, the delhi high court construing entry 1 of the second schedule to the bengal finance (sales tax) act, 1941, as extended to delhi, which exempted from taxes all cereals including all forms of rice (except when sold in sealed containers), held that the ..... sales tax tribunal [1991] 80 stc 330 (gauhati); (1989) .....

Badshah Khan Vs. Commissioner of Wealth-tax

Court : Guwahati

..... however, the aac held that the amended provisions of the act brought in by the finance act, 1969, would not apply and the penalty should be on the basis of the law that existed in the assessment year and accordingly directed that the penalty should be calculated at the rate of ..... petitioner would be governed by the then existing law prevalent on june 30, 1969, and the provision of the amendment brought by the finance act from april 1, 1965, could not be applied. ..... act, 1957: 'whether, on the, facts and in the circumstances of the case, the tribunal was right in holding that the calculation of penalty up to march 31,1969, was to be made under section 18(1)(i) of the wealth-tax act, 1957, as it originally stood from april 1, 1965, to march 31, 1969, as substituted with effect from april 1, 1965, by section 18 of the wealth-tax (amendment) act, 1964, and thereafter under section 18(1)(i) as substituted by section 24 of the finance act, 1969 ' sections 14, 15 ..... act, 1957, as it originally stood but it went wrong in holding that the calculation of penalty from april 1, 1969, should be under section 18(1)(i) as substituted by the finance act ..... act, 1964, but the penalty leviable on the assessee from april 1, 1969, should be at the enhanced rate imposed by the finance act ..... ) act, 1964, and again amended by the finance act, 1969, which came into ..... by the finance act, 1969, after april 1, 1969, the penalty imposable was altered to a sum for every month, during which the default continued, at the .....

Jyoti Forge and Fabrication and anr. Vs. State of Assam and ors.

Court : Guwahati

Reported in : (2010)31VST76(Gauhati)

..... the said order filed a revision petition before the joint commissioner, sales tax, who vide his order dated august 23, 2001/november 5, 2001 observed that in accordance with section 37 of the act service of the notice upon the assessee was mandatory and, as noticed above, the notice was served on october 16, 2000 and much before that on september 26, 2000 the assessment order was ..... submission is that in a case where the principles of natural justice or the statutory command are violated the revisional or the appellate court acting in accordance with the law will have to direct the first authority to pass a fresh order and in such a case the question ..... order has been made within 90 days the aggrieved person has got the right to approach the notified authority under section 132(1) of the then income-tax act within 30 days and that authority could direct the income-tax officer to pass a fresh order. ..... ) : (1988) 2 glr 285 the question of interpretation of section 12(1) of the assam finance (sales tax) act, 1956 was under consideration. ..... 96 itr 390 (sc) and national taj traders : (1980) 121 itr 535 (sc) : (1980) 1 scc 370 their lordships of the supreme court were taking into consideration the provisions of the income-tax act which though are not pari materia in language but on principles are the same. ..... : (1988) 2 glr 285 the division bench has observed that when the requirement of section 12 of the act was not followed the demand notice to the affected dealers was liable to be quashed. .....

State of Manipur Vs. All Manipur Petroleum Products Transporters Asson ...

Court : Guwahati

..... clearly emerges that if a decision by any minister of any department involves financial implication for the state and no provisions, in this regard, have been made in the appropriation act, the department as well as its minister is bound to consult the finance department and if the finance department does not agree or does not give consent to such a decision, the decision will be without jurisdiction unless, in terms of the rules, appropriate authority, such ..... is clear that the agreements, which the minister, food and civil supplies, had signed, involved expenditure for which no provision, under the appropriation act, had been made and in view of the fact that in such circumstances, consultation with the finance department was imperative, but had not been done, the state government, as a whole, could not have been bound down by the agreement, ..... having 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 to make it clear that notwithstanding the restrains or restrictions, which may have been ..... 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. .....

George Williamson (Assam) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Guwahati

..... the further pleadings of the petitioner-company are that parliament having amended the provisions of the income tax act by the finance act, 1997, inserted chapter xii-d consisting of section 115-c with effect from june 1, 1997, providing for payment of additional income-tax on any amount declared, distributed or paid by a domestic company by way of dividend whether out of current or ..... the tribunal observed that additional income-tax was also a tax on income and that the finance act could say that the tax would be payable on the income of any year preceding the previous year. ..... in view of the above discussions, we hold that parliament has legislative 36 competence to enact the provisions of section 115-o of the income tax act as inserted by the finance act of 1997 and the said piece of legislation is not ultra vires the constitution. ..... for ready and handy reference, the impugned provisions of section 115-c as introduced by the finance act, 1997, are quoted hereinbelow.taxes on income other than agricultural income'. ..... (a) salaries,(b) interest on securities (omitted by the finance act, 1988),(c) income from house property,(d) profits and gains of business or profession,(e) capital gains,(f) income from other sources.section 10 of the act shows that in computing the total income, the agricultural income is not to be included. .....

Kumar Iron and Steel Pvt. Ltd. Vs. Commissioner of Taxes and ors.

Court : Guwahati

..... annexure v, common, order dated april 23, 1988, passed by the 1st respondent, the commissioner of taxes, assam, dismissing the revision petitions filed by the petitioner under section 20(2) of the assam finance (sales tax) act, 1956 (for short 'the act') against the annexure iii, common order dated november 15, 1984, passed by the 2nd respondent--assistant commissioner of taxes (appeals), guwahati and has also challenged the annexure vi notices dated may ..... the petitioner also submitted petitions under the provisions of proviso to section 19(1) of the act for admission of the appeals without payment of the disputed demand and prayed for stay of realisation of the same till disposal ..... 'sale price' has been defined under sub-section (6) of section 2 of the act as follows :'(6) 'sale price' used in relation to a dealer means the amount of the money consideration for the sale of taxable goods manufactured, made or processed by him in assam, or brought by him into assam from ..... income-tax officer, 'a' ward, gorakhpur, reported in : [1991]192itr402(sc) the supreme court observed that where literal construction creates anomaly, absurdity and discrimination, only then statute should be liberally construed even slightly straining the language so as to ..... reported in : [1991]192itr155(sc) the supreme court while considering a taxing statute observed that liberal construction to effectuate the object of the provisions may be resorted to only in cases of genuine doubts or possibility of forming .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... tribunal, there shall be a selection committee consisting of : (i) the chief justice of india or a judge of the supreme court of india as nominated by the chief justice of india ; (ii) the secretary to the government of india in the ministry of finance (department of economics affairs) ; (iii) the secretary to the government of india in the ministry of law and justice ; (iv) the governor of the reserve bank or the deputy governor of the reserve bank nominated by the governor of the reserve ..... registered under the companies act, 1956 (1 of 1956) ; (10) technology development and information company of india limited, formed and registered under the companies act, 1956 (1 of 1956); (11) power finance corporation limited, formed and registered under the companies act, 1956 (1 of 1956) ; (12) national housing bank established under the national housing bank act, 1987 (53 of 1987) ; (13) small industries development bank of india established under the small industries development bank of india act, 1989 (39 of 1989) ..... as it is a suit of 1991 it is necessary that the suit should be disposed of as early as possible preferably within a period of one year from the date of receipt ..... 1991 ..... 16 of 1991 filed by the state bank of india in the court of ..... 74 of 1991 filed by the state bank of india in the court of learned assistant ..... 16 of 1991 filed by the state bank of india in the court of assistant to deputy commissioner, karbianglong, diphu for realisation of an ..... by order dated december 6, 1991. .....