Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 Sorted by: old Court: guwahati Page 11 of about 172 results (0.036 seconds)

Banamali Tea Estate Vs. State of Assam and ors.

Court : Guwahati

..... (1) if any person fails to file the return of agricultural income under section 19 within 31st december and applies for extension of time as per provisions of the act, he shall be liable to pay simple interest at six per centum per annum on the amount of agricultural income-tax due as per return with effect from the first day of january up to the date of filing the return or ..... rule 11(1) of the rules provides that if a person fails to furnish the return of agricultural income under section 19 of the act within 31st december and applies for extension, he is liable to pay simple interest at 6 per centum per annum with effect from the first day of january up to the date of filing of the return or the 28th day of ..... --(1) every person, if his total agricultural income or the total agricultural income in respect of which he is assessable under this act during the previous year exceeded the limit of the taxable income prescribed in section 6, shall furnish before the 31st day of december of the relevant financial year, a return of his agricultural income or the agricultural income of ..... as such, we find that if a person submits his return of agricultural income under section 19 of the act after the last day of february of the relevant financial year or does not submit his return at all, he is liable to pay simple interest at the rate of 6 per cent. ..... asher [1949j 2 all er 155: 'a judge must not alter the material of which the act is woven, but he can and should iron out the creases.'15. .....

Assam Frontier Tea Ltd. and anr. Vs. Inspecting Assistant Commissioner ...

Court : Guwahati

..... previous year for the assessment year 1952-53 and that the total income for the period, of 21 months had to be assessed at the rate specified in the relevant finance act for that total income and the income-tax officer could not apply the rate applicable to the income of the last period of 12 months. ..... shall be charged for any year at any rate or rates tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, this act in respect of the total income of the previous year of every individual, hindu undivided family, company and local authority, and of every firm and other association of persons or the partners ..... arising under the act of 1922 held that once the length of the previous year is determined, the total income of the previous year relevant to the assessment year must be assessed at the rate specified in the relevant finance act and at no ..... the next succeeding year on the total income of the previous year at the rate fixed by the finance act of the relevant year of assessment. 26. ..... year' is determined, that income must be charged at the rate specified in the finance act and at no other rate. ..... of the issue raised in this case revolves round the question as to the correct interpretation of sub-section (4) of section 3 of the income-tax act (hereinafter referred to as 'the act') and the extent of limitation on the power of the income-tax officer under the said sub-section to withhold consent to vary the meaning of the .....

Dilip Mazumdar Vs. Bhaben Das and ors.

Court : Guwahati

..... shri das points out that in explanation ii under sub-section (1c) of section 47 of the motor vehicles act, for the purposes of explanation i, 'family' in relation to an individual has been defined to mean the wife or husband, as the case may be, of such individual and the minor children of such individual. ..... he also got an assurance from the united bank of india that in case a permit was granted in his favour the bank would finance him for purchasing a vehicle.3. ..... there is no reason why the same interpretation should not be acceptable for the purpose of this act. .....

Jugalkishore Kedia and ors. Vs. State of Assam and ors.

Court : Guwahati

..... it should also make provisionfor reservation of certain percentage of seatsfor members belonging to the scheduledcastes and the scheduled tribes in the public interest section 40a of the gujarat secondary act, 1973 made certain sections of that act inapplicable to any educational institution established and administered by a minority community whether based on religion or language. ..... if the expenditure incurred for paying the emoluments of the staff is subsidised or financed from out of the state funds, it becomes the duty of the government to see that no one who does not possess the minimum qualifications is appointed on the staff, ..... it having come into existence in 1920 by the aligarh muslim university act,1920, though it might be that the said act was passed as a result of the force of majority of the muslim minority, it could not be said that it was established by the muslim minority and, therefore, there was no question of any amendment to the 1920 act made by the amending acts of 1951 and 1971 being ultra vires article 30. ..... they also challenge the vires of section 5 of the assam secondary education (provincialisation) act, 1977, for short 'the act', and of rule 4 of the assam aided higher secondary, high and middle schools management rules, 1976, for short, 'the rules', as ..... therefore, be taken to see that the said authority is not given blanket and uncanalised and arbitrary powers so as to act at their own sweet will ignoring the very spirit and objective of the institution. .....

Pranab Kumar Dey Vs. the Dibrugarh University, Dibrugarh and ors.

Court : Guwahati

..... proceeding and hence the proceeding is without jurisdiction and liable to be quashed; (iii) that the registrar of the university was a party to the examination board as referred to in section 13(d) of the dibrugarh university act, hereinafter referred to as 'the act, and as such his inclusion in the inquiry committee is against the principle of natural justice, and it has vitiated the proceedings; (iv) that the university having not initiated any such proceeding against other students ..... 1984, the decision of the executive council of the university to draw up proceedings against the petitioner for withdrawal of his degree in law, and the issuance of the impugned notice pursuant thereto, prejudging the issue, are acts of malice in law and facts and as such illegal and liable to be set aside; (ii) that the executive council without first considering the recommendation of the post graduate board, has no jurisdiction to initiate any such ..... under sub-section (2) thereof he shall be the secretary of the court, the executive council, the academic council, the post-graduate board, the under-graduate board, the finance committee and the selection committee but shall not be deemed to be a member of any of these authorities except that of the court ..... however, in view of the provisions of section 18(j) which empowers the executive council to constitute an examination committee and clause (n) mentioning about the finance committee, the submission is confined to enquiry committee .....

Goyal Trading Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1989)28ITD265(Gau.)

..... pointed out that the assessment has been re-opened after obtaining the concerned iac's approval which was in accordance with law and was not vitiated.according to the cit (appeals) if the ito acted wrongly in making enquiries and impounded the books of the assessee after return has been filed under the amnesty scheme, the assessee should have complained the matter to the iac concerned or the commissioner ..... there was nothing in section 24 of the finance (no.2) act, 1965, which prevented the income tax officer, if he was not satisfied with explanation of the assessee about the genuineness or source of the amount found credited in its books, although the same had ..... that any further enquiry as to the basis of such income, would be contrary to the spirit of the amnesty scheme enunciated by the board and by the finance minister as per circular noted in the assessment order itself. ..... , the hon'ble supreme court in the case of jamnaprasad kanhaiyalal (supra) has held that there was nothing' in section 24 of finance (no. ..... [1975] 98 itr 681, in which it was held that it was not permissible for the department to go into the question of the nature and source of the amount declared in a voluntary disclosure under section 24 of the finance (no. ..... the constitution of claims, the tribunal remained uneffected and had to proceed for disposal of the matter.thus, in our opinion, change of jurisdiction or divesting of jurisdiction can be effected only by a provision of law and not by act of parties. .....

S. Charan Singh Vs. Commissioner of Wealth-tax

Court : Guwahati

..... in upholding the order of penalty for the assessment years 1966-67, 1967-68 and 1968-69, on the finding that the calculation of penalty for the default up to march 31, 1969, was to be made under section 18(l)(i) of the wealth-tax act, 1957, as substituted with effect from april 1, 1965, by section 18 of the wealth-tax (amendment) act, 1964, and thereafter under section 18(l)(i) as substituted by section 24 of the finance act, 1969 ?' 2. ..... case, the tribunal was justified in holding that although the show-cause notices under section 18(2) of the wealth-tax act, 1957, were issued for non-compliance with the provisions of the notices under section 14(2) of the wealth-tax act, penalty orders imposing penalties for the default under section 14(1) of the wealth-tax act, 1957, for the assessment years 1966-67 and 1968 - 69 were valid and were not void ab initio ? ..... charan singh is the assessee in this reference under section 27(1) of the wealth-tax act, 1957. ..... appellate tribunal, on further appeal, held : 'as a matter of fact, the appellate assistant commissioner had allowed relief to the assessee even beyond the date of the submission of the return of net wealth as required under section 14(2) of the act. .....

T.K. Baruah Vs. Commissioner of Wealth-tax

Court : Guwahati

..... section 18(1)(i) of the wealth tax act, 1957, was amended by the wealth-tux (amendment) act, 1964, and thereafter is substituted by section 24 of the finance act, 1909.8. ..... the following question is referred : '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 ?'2. ..... whatever the stage at which the satisfaction is reached, the scheme of sections 274(1) and 275 of the act of 1961 is that the order imposing penalty must be made after the completion of the assessment. ..... the appellate tribunal held that the assessee failed to submit returns under section 14(1) of the wealth-tax act, 1957, and that proceeding under section 18(1)(a) was properly initiated. ..... the question now is referred under section 27(1) of the wealth-tax act, 1957, for our opinion.7. ..... the reference in this case is made under sub-section (1) of section 27 of the wealth-tax act, 1957. .....

India Carbon Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... the following two questions are referred to this court under sub-section (1) of section 256 of the act : '(1) whether, on the facts and in the circumstances of the case, and on a proper construction of section 40(c) of the income-tax act, 1961, as amended by section 9 of the finance (no. ..... (2) whether, on the facts and in the circumstances of the case and on a proper construction of the amended provisions of section 40(c) of the income-tax act, 1961, the tribunal was justified in rectifying the original order relating to the managing director's remuneration under section 254(2) of the income-tax act, 1961, relating to the assessment years 1972-73 and 1973-74?'2. ..... however, in view of the amendment to section 40(c) of the said act by the finance (no. ..... later, an application under section 254 of the act was filed for amendment of the order in which it was stated that section 40(c) was amended, vide finance (no. ..... 2) act, 1971, the tribunal was justified in holding that two interpretations are not possible in respect of the amended provisions of section 40(c) and that no debatable question of law was involved in the interpretation of section 40(c) of the income-tax act, 1961 ? ..... the reference arises under the income-tax act, 1961. ..... 2) act, 1971, which is effective from april 1, 1972, limiting the maximum allowance of remuneration to rs. ..... 2) act, 1971, with effect from april 1, 1972. .....

Commissioner of Wealth-tax Vs. Smt. Ratni Devi Beria and Smt. Nandkish ...

Court : Guwahati

..... question of law on which reference was prayed for before the learned income-tax appellate tribunal, gauhati bench, was as follows : 'whether, on a proper construction of section 5(1)(viii) of the wealth-tax act, 1957, the tribunal was justified in holding that the value of gold ornaments which was included by the wealth-tax officer on the basis that these were jewellery is not includible in the net wealth of ..... the same finance act, by the same section, inserted explanation 1 in clause (viii) which reads as below : 'for the purposes of this clause and clause (xiii), 'jewellery' includes -- (a) ornaments made of gold, silver, platinum or any other precious metal ..... the position which thus emerges is that though jewellery was brought out from the purview of section 5(1)(viii) of the act and the same was given retrospective effect from april 1, 1963, explanation 1 which sought to include gold ornaments within the definition of 'jewellery' was given effect to from ..... of the rival submissions, the learned tribunal felt that the following question of law does arise out of the order : 'whether the word 'jewellery' in section 5(1)(viii) of the wealth-tax act, 1957, prior to the amendment of the section and the introduction of explanation 1 by the finance (no. ..... present case, we are concerned with the assessment years 1969-70, 1970-71 and 1971-72, it is apparent, according to us, that gold ornaments could not have been brought within the fold of the act for the purpose of realising wealth-tax. .....