Court : Guwahati
..... of the penalty. in fact, the moot question that came up before the gujarat high court was the interpretation of the provisions of sections 271(1)(c), 271(2) and 274(2) of the act. the observations of the high court touching sections 271(1)(a) and 271(1)(i) are obiter. but the 'dictum' is a view-point. it is our ..... expression refers to the persons who are liable to penalty under section 271(1)(a) /271(1)(i) and no other person. those exempted from liability to penalty cannot be described as 'the person liable to penalty' under section 271(2) of the act. in the result, we hold that the expression 'persons liable to penalty' means only those persons who are liable ..... march 31, 1963. accordingly, the return under section 139(1) of the i.t. act, 1961, was due on september 30, 1963. a notice under section 139(2) was served on the assessee which made an application for extension of time up to december 31, 1963. no application was made for further extension of time. a belated return was filed by the .....
Tag this Judgment!Court : Guwahati
..... of the said section provided the power to seize the accounts which are found on such search. sub-section (3) is therefore complementary to sub-section (2) of the act. under sub-section (3), therefore, the authority appointed under sub-section (1) of section 3 is invested with the power to seize such accounts on his ..... shri kishan jhaver : [1968]1scr148 and mercantile stores & agency company pvt. ltd., balimara tea company pvt. ltd. v. a. rahman, inspector of taxes (civil rule nos. 878 and 879 of 1972, gauhati high court, dated april 1, 1975). however, the seized documents, accounts, register cannot be detained by any authority other than commissioner for ..... inspector of police of bureau of investigation (economic offences) and others visited business premises of the petitioner on january 12, 1995. after conclusion of search the respondent no. 4, the inspector of taxes, issued the seizure list and seized the purchase voucher for issue, sales bills files, sales register and cash book for the .....
Tag this Judgment!Court : Guwahati
..... interest. there may be a lacuna in the language, which we are afraid, we cannot fill up. we are fortified in this view by the subsequent amendment effected by the finance act, 1972, by which the lacuna has been filled up by substituting the old sub-section (8), by a new sub-section (8), which reads as follows : '(8) (a) ..... of time by the assessee and grant of such extension by the ito are not the conditions precedent for application of sub-section (4) of section 139 of the act. there is no scope for taking any other view of the matter, in my opinion. hence, the first point, mentioned earlier, must be decided against the petitioner who has challenged the ..... intended to meet a different situation, not covered by sub-section (1) or sub-section (2) of section 139 of the act. that is to say, the assessee can file his belated return, which is valid, within the period stipulated therein, although he makes no application to the ito for extension of time or he fails to file the return within the .....
Tag this Judgment!Court : Guwahati
..... -tax, as required under section 18(4) of the wealth-tax act, 1957, as it stood prior to its amendment by act 46 of 1964, with effect from april 1, 1965?' 2. question no. 1 was referred by the appellate tribunal under section 27(1) of the act, and questions nos. 2 to 5 were referred by the tribunal under section 27(1) of ..... laid down by the supreme court in scindia company ltd. : [1961]42itr589(sc) and affirmed in cit v. indian molasses co. p. ltd. : [1970]78itr474(sc) . question no. 2, though widely framed, was about the legality of penalty, arising out of considerations of reasonable cause, on the facts and circumstances of the case. we are satisfied that the question ..... then as substituted with effect from april 1, 1965, by section 18 of the wealth-tax (amendment) act, 1964, and with effect from april 1, 1969, by section 24 of the finance act, 1969, in the view that the default was a continuing one (2) whether, on the facts and in the circumstances of the case, the tribunal was right in law .....
Tag this Judgment!Court : Guwahati
..... appellate assistant commissioner has also pointed out that there are other securities, some trustee securities, shares in other co-operative institutions, some shares in industrial finance corporation, assam financial corporation, agricultural refinance corporation and central warehousing corporation and that some of these investments are apparently long-term investments.'33. from the ..... s sole income including interest on securities was in the nature of business income and, therefore, it was totally exempt under section 80p(2)(a)(i) of the act. the income-tax officer found from the records that the assessee was assessed only on interest on securities during the earlier years holding ..... -70. the assessee thereafter filed three appeals before the tribunal from the said consolidated order of the appellate assistant commissioner, the appeals being numbered as ita nos. 2092 (gau), 2093 (gau) and 2094 (gau) of 1970-71. the ground taken in these appeals is that the interest from the government .....
Tag this Judgment!Court : Guwahati
..... 29, 2000, was processed under section 143(1)(a) and a notice under sub-section (2) of the said section for complete assessment was issued. according to the respondents, there is no violation of any provisions of law particularly the provisions of chapter xiv-b of the act. the direction for special audit was issued because of various discrepancies noted in the accounts ..... a public document within the meaning of section 75 of the evidence act read with section 2(17)(g) and (h) of the code of civil procedure. this view gains support from the decision of the delhi high court in b.l. wadhera v. union of india (c. w. p. no. 1716 of 2000 decided on may 16, 2001) in which case the .....
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. . .' 6. 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 ..... sum equal to the percentage, specified in the corresponding entry in column (3) of the said table, of such amount as income-tax.tablesi no.nature of goodspercentage(1)(2)(3)(i).. (ii).. (iii)timber obtained by any mode other than under a forest leasefive per cent.(iv)any other forest produce not being timberfifteen per cent:provided that ..... corresponding entry in column (3) of the said table, of such amount as income-tax :tablesi. no.nature of goodspercentage(1)(2)(3)(i)alcoholic liquor for human consumption (other than indian made foreign liquor)fifteen per cent.(ii)timber obtained under a forest leasefifteen per cent.(iii)timber obtained by any mode other than under a forest .....
Tag this Judgment!Court : Guwahati
..... (tripura bus syndicate) were requisitioned by the respondent no.2, the district magistrate and collector, west tripura, vide requisition order dt.4.11.1989 (annexure-2 to the writ petition) in exercise of powers under section 160(i)(b) of the representation of the people act, 1951 read with notification no. f.14(2)-ga/77, dated 30.10.1989. subsequently, ..... be the extended meaning of sale for the purpose of sale tax. the decision of the first referred of 20th century finance corpn. ltd. was carried to the hon'ble apex court in civil appeal no.4500 of 1989 along with other writ petitions and the constitutional bench of the hon'ble apex court held that transfer ..... state. the aforesaid deemed sale if occurred in course of inter-state trade or commerce, the state has no competence to levy tax. from the aforesaid decision particularly the dictum of the hon'ble apex court in 20th century finance corpn. ltd. (supra), it remains settled that the deemed sale covered by the provision of article 366( .....
Tag this Judgment!Court : Guwahati
..... its industrial policy of 1991. can the government of assam do so is the prime question. whereas, the department of finance, speaking on behalf of the respondent nos. 2, 9 and 10, contends that it is possible for the finance department to do so, the petitioner disputes the same. the contesting respondents trace their powers to sub-section (4) ..... of section 9 read with clause (f) of sub-section (3) of section 74 of the agst act, 1993.25. there can be no doubt that ..... placed by the government, that overriding public interest requires that the government should not be held bound by the promise, but should be free to act unfettered by it: and that (2) no representation can be enforced, which is prohibited by law, means that if the person or authority making the representation or promise has the power to .....
Tag this Judgment!Court : Guwahati
..... insured. taking into consideration the terms of the policy and the provisions of section 95(2)(b) if the motor vehicles act the insurer was directed to pay rupees 2,000/- and the balance rs. 13,000/- was made payable by the owner. a bakijai case being case no. 24/74-75 was started against the company for realisation of the awarded amount and ..... a notice under section 7 of the bengal public demands recovery act was issued on 29-12 ..... company. this concurring note is only to state that if there be any doubt in any mind about the applicability of that part of clause (b) of section 95(2) of the act, which has been highlighted in the main judgment, because of the fact that the deceased could be said to be travelling in the bus not 'in pursuance of a .....
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