Court : Guwahati
..... the following question has been referred by the tribunal at the instance of the revenue under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case and in view of the explanation 2 to section 43b as inserted by the finance act, 1989, giving retrospective effect from april 1, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax amount paid ..... even after the close of the accounting period but before the due date of filing the return of income under section 139(1) of the income-tax act, 1961 ?'2. ..... sri jagannath steel corporation : [1991]191itr676(cal) , the gujarat high court in cit v. ..... union of india [1991] 189 itr 81.3. ..... union of india [1991] 187 itr 703 and in escorts ltd. v. ..... govindaraja reddiar : [1991]187itr417(ker) . ..... janardhanan pillai : [1991]189itr165(ker) , the orissa high court in cit v. ..... union of india : [1991]189itr70(patna) , the kerala high court in cit v. p. .....
Tag this Judgment!Court : Guwahati
..... 43b as inserted by the finance act, 1989, giving retrospective effect from 1st april, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax amount paid even after the ..... sri jagannath steel corporation : [1991]191itr676(cal) the gujarat high court in cit vs . ..... union of india (1991) 189 itr 81 3. ..... union of india (1991) 187 itr 703 and in escorts ltd. vs. ..... govindaraja reddiar : [1991]187itr417(ker) all these high courts answered the question in favour of the assessee and against the department. ..... janardhanan pillai : [1991]189itr165(ker) the orissa high court in cit vs . ..... union of india : [1991]189itr70(patna) the kerala high court in cit vs . p. ..... 256(1) of the it act, 1961 :'whether, on the facts and in the circumstances of the case and in view of the expln. 2 to s. ..... 139(1) of the it act, 1961 ?'2. .....
Tag this Judgment!Court : Guwahati
Reported in : (1998)146CTR(Gau)487
..... 43b as inserted by the finance act, 1989, giving retrospective effect from 1st april, 1984, the tribunal has not erred in law in directing the assessing officer to allow relief to the extent of the sales tax amount paid even after the ..... sri jagannath steel corporation : [1991]191itr676(cal) the gujarat high court in cit vs . ..... union of india (1991) 189 itr 81 3. ..... union of india (1991) 187 itr 703 and in escorts ltd. vs. ..... govindaraja reddiar : [1991]187itr417(ker) all these high courts answered the question in favour of the assessee and against the department. ..... janardhanan pillai : [1991]189itr165(ker) the orissa high court in cit vs . ..... union of india : [1991]189itr70(patna) the kerala high court in cit vs . p. ..... 256(1) of the it act, 1961 :'whether, on the facts and in the circumstances of the case and in view of the expln. 2 to s. ..... 139(1) of the it act, 1961 ?'2. .....
Tag this Judgment!Court : Guwahati
..... (2) whether, on the facts and in the circumstances of the case and in view of insertion of explanation 2 to section 43b by the finance act, 1989, with retrospective effect from april 1, 1984, the tribunal was justified in law in directing that the outstanding liability of sales tax, professional tax and municipal tax be allowed if paid by the statutory dates for ..... the following questions have been referred by the tribunal at the instance of the revenue under section 256(1) of the income-tax act, 1961 : '(1) whether, on the facts and in the circumstances of the case, the tribunal has erred in law in allowing depreciation on the temple building constructed in the premises of the assessee ? ..... joshi, however, submits that the temple building cannot be a business asset and hence depreciation is not allowable under the provisions of the act. .....
Tag this Judgment!Court : Guwahati
..... being the position, the learned public prosecutor submitted that though admittedly the accused-appellant was not acquainted with the special right so given to the accused under the provisions of section 50 of the ndps act as to opt search in presence of gazetted officer/ magistrate but even then the search and seizure so made and the evidence relating to that so adduced in course of trial being not inadmissible in the background of the finding of ..... appeal, also keeping in mind that the order so passed in this appeal by this court on 15-6-95 when no one appeared on behalf of the accused-appellant an order was so passed by this court per incuriam when the court had acted being not furnished with the latest decisions as detailed above cited on behalf of both the sides, feeling obliged to the apex court, giving opportunity of hearing the matter afresh, saving the situation as my conscience would ..... 2, the judicial magistrate also speaks of adjourning the matter on 8-2-1991 to 11-2-91 when the seized articles were so produced but no definite opinion can be drawn with regard to the safe custody of the said seized article in between the period 8-2-91 to 11-2-91 ..... 13(a) of 1991 cannot sustain and in the background of the facts and circumstances discussed above coupled with the reasoning so assigned the impugned judgment of conviction and sentence so passed thus are hereby set ..... 13(a)/1991 convicting the sole accused-appellant named above under section 18 read with section 8(e) of the .....
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 ..... 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. ..... 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. ..... has been explained in the explanation to section 2(7)(c) of the finance act, 1982. ..... 'total income' means the total amount of income referred to in section 5, computed in the manner laid down in this act ; as per section 5 of the act, the total income of any previous year of a person includes all income from whatever source derived. ..... in this reference under section 256(1) of the income-tax act, 1961, the following question has been referred by the income-tax tribunal, gauhati bench, gauhati, for the opinion of this court : ' whether, on the facts and in the circumstances of the case and ..... the assessee is a company incorporated under the companies act and owns a tea estate and carries on the business of tea plantation .....
Tag this Judgment!Court : Guwahati
..... submits that this court in exercise of power of judicial review cannot question the policy decision of the government, if it is found that the executive has acted within the powers and function assigned under the constitution, the court should not delve intothe policy decision. ..... a state action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or executive has acted within the powers and functions assignedunder the constitution and if not the court must strike down the action. ..... , the committee after hearing the representatives of the petitioner association had examined the parameters/items which were taken into account by the earlier committee in 1991 and made the recommendations as indicated at annexure-vii to the writ petition. ..... procures the iodised salt rakes from west coast through their nominee who act as handling agents as per terms and conditions of the notice inviting applications from intending importers/handling agents (specimen copy ..... and executive, the two facets of people's will, they have all the powers including that of finance. ..... the court cannot act as an appellate authority, but if the process is violative of article 14 the court can strike down the decision and action taken pursuant ..... when the legislature acts within the sphere of its authority and delegates power to an agent, it may empower the agent to make findings of fact which are conclusive provided such findings satisfy the test of .....
Tag this Judgment!Court : Guwahati
..... section (5) of section 37 has been inserted in the finance act, 1983, with retrospective effect from april 1, 1979. ..... at the instance of the revenue, the following two questions have been referred by the income-tax tribunal under section 256(1) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : '(i) whether the tribunal did not err in facts as well as in law in deleting the disallowance of ..... that case the question has to be referred under section 256(1) of the act in that manner and only then the high court can answer it. ..... being repairing expenses of the directors' bungalow and its furniture when the same expenses clearly come within the mischief of sub-section (5) of section 37 of the income-tax act, 1961 ? ..... ltd : [1987]164itr673(cal) which was rendered before the enactment of sub-section (5) of section 37 of the act. ..... observed thus : 'the bungalow was not treated as a guest house and expenses on the maintenance of the said bungalow was allowed to be as business expenditure and not covered by the mischief of the provisions of section 37(4) of the act.' 9. ..... allowing the deduction, held that the bungalow was not treated as a guest house and, therefore, the expenses on the maintenance of the said bungalow did not come within the mischief of section 37(4) of the act. ..... assessing officer disallowed those expenses holding that the expenses were pertaining to a guest house and, therefore, such allowances were not maintainable under section 37(4) of the act. .....
Tag this Judgment!Court : Guwahati
..... that a return of income which shows the total income below the maximum amount which is not chargeable to tax shall be deemed never to have been furnished and proviso (d) to sub-section (10) of section 139 of the act provides that the provisions contained in this sub-section shall not apply to a return of loss which has been furnished before the thirty-first day of july of the assessment year relevant to the previous year ..... bhattacherjee draws our attention to section 139(10), which was incorporated by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from april 1, 1986, and later on deleted by finance act, 1990, with effect from april 1, 1990. ..... at the instance of the assessee, the following two questions have been referred by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961, (for short, 'the act'), for opinion of this court : '(i) whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that the assessing officer was justified in initiating the assessment proceeding for the ..... (ii) whether, on the facts and in the circumstances of the case, the tribunal was correct in law in its interpretation of sections 139(3) and 139(1) of the income-tax act, 1961, and was justified in law in holding that the assessing officer validly initiated the assessment proceeding on the basis of the loss return submitted by the assessee on january 10, 1989, and completed the assessment for .....
Tag this Judgment!Court : Guwahati
..... that being the case, the accounts are relevant and afford prima facie proof of the entries and the correctness thereof under section 34 of the evidence act, so that where a deposit is found to have been made by a third party in the accounts of the firm, that entry is prima facie proof that that amount in question was deposited by the ..... all these three decisions, the calcutta high court observed that in order to establish the fact of receipt of the cash credit as required under section 68 of the act, the assessee must prove three important conditions, namely, (1) the identity of the person, (2) the genuineness of the transaction, and (3) the capability of the person ..... (at page 635) : ' it would appear that the accounts of the firm which had been produced in the case had been accepted and acted upon by the department and no serious challenge had been made to their genuineness or that they were kept regularly in the course of business ..... cit : [1985]152itr507(delhi) , wherein the delhi high court held that section 68 of the income-tax act makes it clear that in respect of a cash credit entry the explanation offered by the assessee can be rejected by the ..... assessing officer did not believe the transaction and issued notice under section 131 of the act for production of the books of account and in spite of the notice the books ..... 5(m) of 1991, the tribunal has referred the following questions under section 256(2) of the income-tax act, 1961 (for short 'the act'), for opinion of ..... finance .....
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