Court : Guwahati
..... 10, 1993 in connection with suo motu order dated january 28,1993 of the assistant commissioner of taxes under section 31(1) of the state act read with section 9(2) of the central act for rectification of the assessment.4. being aggrieved by the notice dated march 1, 1993 issued by the a. o. and the order dated ..... , a private limited company under the assam finance (sales tax) act, 1956 (hereinafter referred to in short as, 'the state act') (since repealed), engaged itself in manufacturing/processing of coal into coke. as per the said act, coal and coke are the taxable items vide entry no. 46 of the schedule attached under the state act. to promote industrial growth and development of ..... u.b. saha, j.1. this writ appeal arises out of the judgment and order dated november 11, 2002 passed in civil rule no. 569 of 1993.2. heard mr. k. n. choudhury, learned senior counsel for the respondents/ appellants and dr. a. k. saraf, learned senior counsel for the petitioner/ respondent.3. the facts, .....
Tag this Judgment!Court : Guwahati
..... particular head and the resultant profits and gains of the business of industrial undertaking would be eligible for deduction under section 80 ib of the income tax act, 1961. 2. if the answer to question no.1 is in the negative, whether on the facts and in the circumstances of the case, the learned tribunal was right in holding that the transport subsidy ..... by narrating the facts in detail because learned counsel appearing for the parties brought to our notice that this very question was the subject matter of two appeals being case nos.ita 7/2010 and 16/2011 and the division bench by its order dated 29.5.2013 while passing the common order dismissed the appeals filed by the appellant and ..... the foregoing, this appeal fails and is hereby dismissed on the reasoning and conclusion arrived at by the division bench in their order dated 29.5.2013 passed in case nos.ita 7/2010 and 16/2011. a copy of the order dated 29.5.2013 be kept in the file and be treated as part of the file.
Tag this Judgment!Court : Guwahati
..... head and the resultant profits and gains of the business of industrial undertaking would be eligible for deduction under section 80ic of the income tax act, 1961 ? (2) if the answer to question no.1 is in the negative, whether on the facts and in the circumstances of the case, the tribunal was right in holding that the transport ..... particular head and the resultant profits and gains of the business of industrial undertaking would be eligible for deduction under section 80ib of the income tax act, 1961? (2) if the answer to question no.1 is in the negative, whether, on the facts and in the circumstances of the case, the learned tribunal was right in holding that ..... tribunal, the revenue is, now, in appeal before us. facts of the case in ita no. 16/2011 (i) the respondent is an assessee under the act, the respondent being an industrial undertaking engaged in the business of manufacture of coke products. (ii) the respondent submitted, on 17.11.2006, its return of income for the assessment year .....
Tag this Judgment!Court : Guwahati
..... of, the partner as intended under section 10(2a) ?12. to appreciate the above contention, we may refer to the scheme of the indian it act, 1922, prior to: its amendment by the finance act, 1956. the scheme recognizes two kinds: of firms unregistered and registered firms. in the case of an unregistered firm, the tax payable by ..... thereof were also taxed in their individual assessments as before in respect of their share of income from the firm. this position continued till 31st march, 1993. the finance act, 1992, introduced wide changes in respect of assessment of income of the firms w.e.f. 1st april, 1993. the changed position applicable to the asst. yrs ..... to enter into an agreement. but the position is otherwise insofar the it act, 1961, is concerned. in the it act, 1961, a 'person' has been defined in sub-section (31) of section 2 which, amongst, others includes a firm also. in the instant case, there is no dispute that the share of income receivable by shri radha krishna jalan from .....
Tag this Judgment!Court : Guwahati
..... 1), and completed the assessment under section 158bc and section 143(3) of the act. admittedly, no notice was issued under section 143(2). it is obvious that the assessing officer did not act upon the return filed in response to a notice under section 158bc(a)(ii) and proceeded to complete the assessment after necessary inquiry as envisaged under section 142. ..... to attend his office or to produce, or cause to be produced, any evidence on which the assessee may rely in support of the return:provided that no notice under clause (ii) shall be served on the assessee after the expiry of twelve months from the end of the month in which the return is furnished.(3) on the ..... of the case, the income-tax appellate tribunal was right in holding that the reopening of the assessment under section 147 of the act and completion of the assessment without issuing a notice under section 143(2) within twelve months is valid. relying upon a judgment of the punjab and haryana high court in vipan khanna v. cit , .....
Tag this Judgment!Court : Guwahati
..... smt. minati chanda, are founder members and hold posts of principal and director of the school, respectively. these people enjoy absolute control in matters of administration, finance, appointment of staff and also select other members of the executive committee running the school.(b) that it is not known in what manner sri d.k. chanda ..... under that section.23. from the reading of clauses of art. 5 of the constitution of the assessee society it shows that the power like management and finance of the school, appointment of teaching and other staff etc. are vested with the executive committee of the assessee society. as per clause (k) of art ..... assessments for all these five years had been completed on an erroneous interpretation of section 10(22) of the act, wrong perception of fact and, therefore, accordingly cancelled.2.33. since the assessments have been cancelled, no other grounds are taken up.6. the revenue challenged the above decision of the commissioner (appeals) before the tribunal .....
Tag this Judgment!Court : Guwahati
..... smt. minati chanda are founder members and hold posts of principal and director of the school respectively. these people enjoy absolute control in matters of administration, finance, appointment of staff and also select other members of the executive committee running the school.(b) that it is not known in what manner sri d.k ..... exemption under that section.38. from the reading of clauses of article 5 of the constitution of the assessee-society it shows that the power like management and finance of the school, appointment of teaching and other staff, etc., are vested with the executive committee of the assessee-society. as per clause (k) of ..... assessments for all these five years had been completed on an erroneous interpretation of section 10(22) of the act, wrong perception of fact and, therefore, accordingly cancelled.2.33 since the assessments have been cancelled, no other grounds are taken up.55. the revenue challenged the above decision of the commissioner (appeals) before the tribunal .....
Tag this Judgment!Court : Guwahati
..... auction and where the sale price of such goods to be sold (further) by the buyer is fixed by or under any state act...."7. the provision of law was further amended in 1992 by the finance act, 1992. by the said amendment, section 44ac was deleted and section 206c is inserted which is as follows :``206. profits and gains ..... sum equal to the percentage, specified in the corresponding entry in column (3) of the said table, of such amount as income-tax :tablesl. no.nature of goodspercentage(1)(2)(3)(i)....(ii).. (iii)timber obtained by any mode other than under a forest lease five per cent(iv)any other forest produce not being timberfifteen per centprovided that where ..... source from the "buyer" at the specified rates mentioned in the said communication. the assistant commissioner of income tax by his letter dated 18-8-1994, vide no. c-i/act/tds/94-95 sent the following communication to the commissioner of excise:"it is reported by the income tax officer, sibsagar, assam, that income-tax has not .....
Tag this Judgment!Court : Guwahati
..... return for reassessment year 1981-82 in case of the assessee, the petitioner herein and the same was validly issued under the related provisions of the act and as such there is no infirmity or illegality or irregularity in the impugned notice/order. according to the contesting respondents, the concerned income tax officer was very much satisfied about the ..... the alleged fact that the peak credit of rs. 3,54,385 selected for the assessment year 1983-84 includes earlier years liabilities amounting to rs. 2,51,356 which is not legally assessable in the assessment year 1983-84 for which the writ petitioner has also preferred another writ petition being civil rule ..... no. 223/92 and 224 of 1992 before this court and the same were disposed of by the related order of 7-2-1992. according to the writ petitioner, the concerned, income tax officer most arbitrarily completed the assessment for .....
Tag this Judgment!Court : Guwahati
..... whether before or after the 18th day of june, 1980, being the date of introduction of the finance (no. 2) bill, 1980, shall be null and void ;(b) such family shall continue to be liable to be assessed under this act as if no such partial partition had taken place ;(c) each member or group of members of such family immediately ..... have been so assessed till the immediately preceding year in which the claim of partition in made under section 171(2) of the act. such a requirement is not warranted from the language of the aforesaid provisions.35. we see no reason to take a view different from what the allahabad high court has taken in ambika prasad sonar : [1987 ..... first assessed, on september 7, 1982, under section 143(3) of the income-tax act, 1961 (in short 'the act'), for the assessment year 1979-80. returns of income for the assessment years 1980-81 and 1981-82 were filed but no assessments were communicated.(ii) returns of income were filed for the assessment years 1983-84, 1984-85 and 1985 .....
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