Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 Sorted by: old Court: guwahati Page 17 of about 172 results (0.051 seconds)

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

Court : Guwahati

..... iii)nips180 mls.32.1033.95 it is also admitted that rates of excise duty ex-distillery price and other levies on country liquor are fixed by the government within the provisions of the punjab excise act, 1914, and the rules framed thereunder as applicable to the state of himachal pradesh.examination of the fundamental provisions governing the grant of l-13 licences clearly shows that the provisions of sections 44ac ..... 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. ..... it is also clarified that the provisions of section 44ac, and, consequently, those of section 206c will apply only to an assessee being a person (as defined in the act) other than a public sector company, referred to as 'buyer' of any goods, in the preceding paragraph, at the point of first sale, and not in the case of second or subsequent sale of such goods.it is ..... 193 itr 19), dated december 6, 1991, the following clarifications are issued :'it may be clarified that 'seller' for the aforesaid purpose means the central government or a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any company or firm or .....

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. ..... it is also clarified that the provisions of section 44ac, and, consequently, those of section 206c will apply only to an assessee being a person (as defined in the act) other than a public sector company, referred to as "buyer" of any goods, in the preceding paragraph, at the point of first sale, and not in the case of second or subsequent 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 buyer is fixed by or under any state act.3.3 the term `seller' means the central government, a state government or any local authority or corporation or authority established by or under a central, state or provincial ..... 620 [see (1992) 193 itr 19], dated 6-12-1991, the following clarifications are issued : "it may be clarified that `seller' for the aforesaid purpose means the central government or a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any company or firm or co-operative society. .....

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. ..... it is also clarified that the provisions of section 44ac, and, consequently, those of section 206c will apply only to an assessee being a person (as defined in the act) other than a public sector company, referred to as 'buyer' of any goods, in the preceding paragraph, at the point of first sale, and not in the case of second or subsequent 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 buyer is fixed by or under any state act.3.3 the term `seller' means the central government, a state government or any local authority or corporation or authority established by or under a central, state or provincial ..... 620 [see (1992) 193 itr 19], dated 6-12-1991, the following clarifications are issued : 'it may be clarified that `seller' for the aforesaid purpose means the central government or a state government or any local authority or corporation or authority established by or under a central, state or provincial act, or any company or firm or co-operative society. .....

Krishna Mohan Banik Vs. Income-tax Officer

Court : Guwahati

..... 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 ..... according to mr osmani, since the aforesaid 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 ..... g.k. joshi, learned counsel appearing for the income-tax department, on the other hand, pointed out that under the provisions of section 142(1) of the income-tax act, 1961, the assessing officer has been vested with the power to require production of books of account relating to a period not more than three years prior to ..... effect from october 1, 1991, the finance (no ..... effect from october 1, 1991, the aforesaid proviso was no longer in operation and instead the substituted proviso introduced by the finance (no ..... a reading of the finance (no ..... the proviso to section 143(2) was substituted by the finance (no. .....

Gupta Agro-farm and anr. and Vs. Commissioner of Income-tax and ors.

Court : Guwahati

Reported in : [1999]236ITR978(Gauhati)

..... the commissioner of income-tax thereafter issued the impugned notice proposing to exercise his power under section 263 of the act to set aside the order on the ground that the assessing officer failed to direct himself to the directions contained in the earlier ..... the commissioner of income-tax by his earlier order dated february 21, 1997, in exercise of his power under section 263 of the act set aside the assessment orders for the assessment years 1994-95 and 1995-96 with a direction to recompute the same as per law after carrying out thorough investigation on the agricultural income as directed in the said ..... the order under section 263 is appealable under section 253(1)(c) of the act thereafter before the income-tax appellate tribunal which can thereafter be taken up way of a reference under section ..... section 263 of the act corresponds to sub-sections (1) and (2) of section 33 of the 1922 income-tax act, conferring jurisdiction on the commissioner to call for and examine the record of any proceeding under the act and pass such orders as the circumstances demand whenever there is any order prejudicial to the ..... , learned counsel for the revenue, on the other hand, submitted that the impugned notice was issued by the respondents in exercise of power conferred by the act itself and there is no excess of jurisdiction or failure of jurisdiction. mr. ..... power conferred under section 263 though discretionary in nature, the authority is required to act with objectivity and responsibility. .....

Gupta Agro-farm and anr. and Vs. Commissioner of Income-tax and ors.

Court : Guwahati

..... the commissioner of income-tax thereafter issued the impugned notice proposing to exercise his power under section 263 of the act to set aside the order on the ground that the assessing officer failed to direct himself to the directions contained in the earlier ..... the commissioner of income-tax by his earlier order dated february 21, 1997, in exercise of his power under section 263 of the act set aside the assessment orders for the assessment years 1994-95 and 1995-96 with a direction to recompute the same as per law after carrying out thorough investigation on the agricultural income as directed in the said ..... the order under section 263 is appealable under section 253(1)(c) of the act thereafter before the income-tax appellate tribunal which can thereafter be taken up way of a reference under section ..... section 263 of the act corresponds to sub-sections (1) and (2) of section 33 of the 1922 income-tax act, conferring jurisdiction on the commissioner to call for and examine the record of any proceeding under the act and pass such orders as the circumstances demand whenever there is any order prejudicial to the ..... , learned counsel for the revenue, on the other hand, submitted that the impugned notice was issued by the respondents in exercise of power conferred by the act itself and there is no excess of jurisdiction or failure of jurisdiction. mr. ..... power conferred under section 263 though discretionary in nature, the authority is required to act with objectivity and responsibility. .....

Anant Kumar Saharia Vs. Commissioner of Income-tax and ors.

Court : Guwahati

..... 2, therefore, informed that it had been proposed to reopen the assessment and directed the petitioner to explain as to why proceedings under section 147 of the act should not be taken for the assessment years and further directing the father and natural guardian of the petitioner to submit the explanation in writing on or before march 22, ..... trust in the individual return of the minor had no legal sanction, was not acceptable in view of the fact that the present case being one coming under the provisions of sections 160 to 167 of the act, this is a fit case for reopening the assessment under the provisions of section 147 of the income-tax ..... both the proceedings the legality and validity of the notice under section 147 of the income-tax act, 1961, proposing to assess/reassess theincome for the assessment year 1985-86 in civil rule no ..... after all the assessing officer alone is entrusted to administer the impugned act and if there is prima facie material at the disposal of the assessing officer that the income chargeable to income-tax escaped assessment this court in exercise of power under article 226 of the constitution of india ..... such the assessing officer issued notice to show cause as to why the assessment for the years 1985-86 to 1991-92 should not be reopened. ..... for the year 1985-86, the petitioner was served with a letter dated march 9/16, 1993, issued by the assistant commissioner of income-tax, circle dibrugarh, proposing to reopen the assessment for the years 1985-86 to 1991-92. .....

Manjushree Extrusions Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... dated the 16th august, 1995, but whose certificate of authorisation is in force prior to the date of issue of this notification dated the 16th august, 1995, but from or after april 1, 1991 :(a)(i) corresponding to the extent of requirements of the permitted raw materials (stated in the certificate of authorisation, granted to the aforesaid industrial unit) in reference to the difference between the actual annual ..... the final effective steps shall be an eligible industrial unit for the propose of this scheme.an industrial unit, which has completed all the initial effective steps on or after april 1, 1991 shall be considered as a new unit.a new unit shall be deemed to have completed all initial effective steps, if all the following have been achieved :effective possession of land of ..... of the provisions of section 4(2) of the assam industries (sales tax concessions) act, 1986 (act 1 of 1987), certifying that no tax liability under the assam sales tax act, 1947 or as the case may be, the assam (sales of petroleum and petroleum products including motor spirit and lubricants) taxation act, 1955 or the assam finance (sales tax) act, 1956 in respect of its sales to the holder of the goods specified ..... that the petitioners having undertaken the work of expansion/modernisation and diversification in response to the unequivocal promise held out in 1991 policy and such works having been completed within the laid down parameters and the petitioners having been certified to be eligible for .....

Commissioner of Income-tax Vs. Bachraj Dugar

Court : Guwahati

..... by the finance act, 1978. ..... the appellate tribunal, however, observed that there being no provision either in the income-tax act or in the rules framed thereunder as regards withdrawal of approval withretrospective effect, the assessing officer was directed to reconsider the ..... rights contrary to the well-known general principle that statutes are not to be held to act retrospectively, is propounded by the privy council in colonial sugar refining company ltd. v. ..... the following question has been referredfor this court's opinion : 'whether the tribunal's observation that there was no provision either in the act or in the rules regarding the withdrawal of approval retrospectively was justified when section 21 of the general, clauses act confers such power to the authority concerned ? ..... is an interference with existing rights contrary to the well-known general principle that statutes are not to be held to act retrospectively unless a clear intention to that effect is manifested. ..... --where, by any central act or regulation, a power to issue notifications, orders, rules, or bye-laws is conferred then that power includes a power, exercisable in the like manner and subject to the like sanction, and conditions (if any), to add to, ..... rule of construction is that, in the absence of anything in the enactment to show that it is to have retrospective operation, it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was passed. .....

Saikhom Raghumani Singh Vs. Chief Engineer-i, P.W.D. and ors.

Court : Guwahati

..... it is submitted that the public servants should act fairly and in the present case they have acted arbitrarily and in a most unfair manner and thereby causing a loss of govt. ..... is the guardian of the finance of the state. ..... nandakumar singh consequently submits that in the instant case the respondents 1 and 2 have failed to protect the financial interest of the state and by infringing the pro visions of article 14 of the constitution, has acted arbitrarily and made favour to respondent no. ..... it is stated that the respondents have acted arbitrarily in rejecting the lowest rate of the petitioner for implementation of the aforesaid contract work and has illegally accepted the tender of the second lowest tenderer and thereby depriving the petitioner of his right to .....