Court : Guwahati
..... to be guilty of the intention to cause wrongful loss.hence, when the prosecution seeks to prove that the accused caused wrongful loss to the owner, but not that the accused intended to obtain wrongful gain for himself, the accused will also be entitled to show that the person who was deprived of the property was not the owner of the property and did not have legal title for its ..... the question of the petitioner's legal title would come in only when the prosecution sought to prove the intention to obtain wrongful gain tot himself; the learned assistant sessions judge appears to have been satisfied that the petitioner was entitled to the land on the documents produced by him.it may be mentioned that the land in question was in the ..... in either case, that is, whore the prosecution either seeks to prove that the accused had the intention of causing wrongful loss to the owner or of obtaining wrongful gain for himself or if the prosecution sets out to prove both wrongful gain and wrongful loss, the accused will be entified to show that there was a bona fide dispute about the ownership or right to possession of the property or that ho had a bona fide claim to ..... now, if the prosecution sets out to prove that there was wrongful loss to the owner of the property, but not that there was wrongful gain to the accused, the prosecution has to prove that the property belonged to the person from whose possession it was taken by the accused or in other words that the person from whose possession it .....
Tag this Judgment!Court : Guwahati
..... of the amount of subsidy, received by an industrial undertaking, the assessee must be able to show a direct nexus between the subsidy received, on the one hand, and the profits and gains of the industrial undertaking concerned, on the other, inasmuch as there is no material distinction, contends the learned asg, between the phrase, derived from and the phrase, derived by and any attempt to distinguish the meaning of the said two expressions would be an academic exercise with ..... additional substantial question of law as framed in pursuant to order dated 10.04.2013 (1) whether, on the facts and circumstances of the case, the learned tribunal was right in holding that the amount of transport subsidy, interest subsidy and power subsidy would go on to reduce the expenses incurred under that 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? ..... as framed pursuant to the order dated 10.04.2013 (1) whether on the facts and in the circumstances of the case, the learned tribunal was right in holding that the amount of transport subsidy, insurance subsidy, power subsidy and interest subsidy would go on to reduce the expenses incurred under that particular 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 .....
Tag this Judgment!Court : Guwahati
..... appeal preferred by the respondent/assessee is that section 54 of the income-tax act being the beneficial provision, it should be construed liberally to advance the object of giving benefit to the assessee by exempting the capital gain on the sale of property used for residence from being charged to income-tax and also that sub-section (2) of section 54 of the income-tax act, 1961, simply mentions that the unutilized portion of the ..... capital gain on the sale of the property used for residence could be deposited by the assessee before the date of furnishing return of income-tax under section 139 of the income-tax act and also that ..... period of one year before or two years after the date on which the transfer took place purchased, or has within a period of three years after that date constructed, a residential house, then, instead of the capital gain being charged to income-tax as income of the previous year in which the transfer took place, it shall be dealt with in accordance with the following provisions of this section, that is to say,--(i) if the amount of ..... therefore, we agree with the learned authorised representative of the assessee that there has been no necessity to comply with the conditions for availing of the benefit from tax of the capital gain, as laid down under section 54(2) of .....
Tag this Judgment!Court : Guwahati
..... in the result, the appeal is allowed, the judgment and order of the learned tribunal is set aside and that of the cit (appeals) are restored. ..... the learned tribunal had acted upon a sweeping remark made by the departmental representative that no share ledger showing scrip-wise gain or loss for secondary market transactions was produced before the assessment officer.12 ..... in this appeal, the assessee has challenged the order of the learned tribunal confirming the assessment order in so far it relates to addition of rs ..... 20,51,718 by the assessing officer on account of profit, the learned income-tax tribunal reversed the findings of the cit (appeals). ..... the observation of the learned tribunal about the percentage of profit appears to be contrary to appendix a to regulation 14 as well as the established practice of the gauhati stock exchange ..... revenue being aggrieved approached the learned tribunal in ita no. ..... bhuyan, learned counsel for the revenue submitted that the tribunal being the final authority of facts has decided the matter in favour of the revenue and that this court in exercise of its powers under section ..... observation of the cit (appeals) have not been verified by the learned tribunal. ..... the learned tribunal in para 6 of the impugned judgment and order observed that at the time of hearing the details of turnover were submitted before the assessing ..... the learned tribunal remanded the issue relating to addition of ..... the learned tribunal by the order dated 31.5.2002 partly allowed the .....
Tag this Judgment!Court : Guwahati
..... he further observed that the assessee did not comply with the provisions of section 54(2) of the act as the amount of capital gain which was not appropriated by the assessee towards purchase of the new asset made within one year before the date on which the transfer of the original asset took place, or which is ..... therefore, we agree with the learned authorised representative of the assessee that there has been no necessity to comply with the conditions for availing the benefit from tax of the capital gain, as laid down under section 54(1) ..... hand, the learned departmental representative supported the order of the assessing officer and submitted that the assessee failed to comply with the conditions of section 54 and thus, the assessing officer was justified to hold that the assessee had not purchased the property by utilising the capital gain within the stipulated ..... learned commissioner (appeals) held that the said amount was not deposited in a separate capital gain account with a bank and, therefore, the benefit of deduction to that extent would not qualify for exemption under section 54 of the act from levy of capital gain ..... assessee had purchased the flat within the stipulated time and thus the amount of capital gains stood utilised within the stipulated period as laid down under section 54(1) of the act. ..... facts and in the circumstances of the case, the learned commissioner (appeals) ought to have accepted the appellant's claim by holding that the entire longterm capital gain of rs. .....
Tag this Judgment!Court : Guwahati
..... bench of the punjab and haryana high court though has held that section 55a of the act applied to the matters relating to capital gains only, but in reassessment proceedings the assessing authority is competent to call for report of the valuation officer under section 133(6) of the act ..... it is rightly submitted by learned counsel for the assessee that for the purpose of capital gains the prevailing market value of the property may be relevant and not the cost ..... doubt about the legal position that section 55a of the income-tax act is meant for the purposes of assessing the capital gains, which is obviously different from valuing cost of construction of a building. ..... the contention of learned counsel for the assessee is that neither the provisions contained in sections 55a , 133(6) nor section 142 applies in case of ..... saraf, learned counsel appearing for ..... joshi, learned counsel for the revenue, and ..... learned counsel for the assessee, however, refutes the contention raised on behalf of the revenue and submits that the purpose of section 55a is to ascertain the fair market value of a property, that is to say, for ..... learned counsel for the revenue has submitted that the provisions contained under sections 55a, 133(6) and 142(2) of the income-tax act are all enabling provisions which legally vest ..... learned counsel for the revenue submits that it is always open to the assessing authority to call upon the valuation officer to assess the value of a property or the cost of construction for the .....
Tag this Judgment!Court : Guwahati
..... scrutinize the reasons for the government reaching such satisfaction, but that does not authorize the court to step into the shoes of the state and exercise the powers straightaway.the learned single judge could not have, in the face of the facts of the present case, directed the government to relax the rules, in question, and accord promotion to the ..... they ought to have been given promotion on completion of regular service in grade-ii in accordance with the provisions of the 1982 rules, no such relief has been granted by the learned single judge and against the omission to grant such reliefs, as had been sought for, the writ petitioners have not preferred any appeal. ..... and, then, to senior grade, no explanation was offered on behalf of the state-respondents before the learned single judge nor has any explanation been offered, in this regard, by the learned additional advocate general appearing on behalf of the state-respondents before this court at the time of hearing of ..... in such a situation, in the facts and circumstances of the case, the authorities concerned ought to have considered the case of the writ petitioners under rule 22 and the learned single judge acted in conformity with law in giving substantially the reliefs, which the writ petitioners were entitled to receive. ..... this impression gains strength from the fact that the learned single judge has, ultimately, directed the state-respondents to relax, in terms of rule 22 of the 1990 rules, the minimum qualifying period .....
Tag this Judgment!Court : Guwahati
..... all the evidence on record regarding offer of rent and refusal of the landlord before depositing the same in court.the learned senior counsel urged that as in course of the suit and the appeal, pratima barman widow of late pradip barman had been employed for gain and plaintiff hemanta barman had expired, the bonafide need for the premise which allegedly existed at the initiation of the suit ..... did not subsist thereafter and therefore, the learned court below had acted illegally in exercise of its jurisdiction in deciding the related issue in favour of the ..... evaluating the evidence of the witnesses on the touchtone of preponderance of probability, the ultimate conclusion of the learned court below on default for want of offer prior to deposit thereof in court thus cannot be dismissed as ..... on a survey of the evidence adduced on behalf of the respondents plaintiffs on the aspect of bonafide requirement, the learned court below held that the petitioners defendants could not successfully challenge the credibility thereof and therefore decided the said issue also ..... evidence of pws 1 and 2, he contended that there being a variation in pleadings and proof, the learned court below ought to have dismissed the respondents plaintiffs' suit on that count alone. mr. .....
Tag this Judgment!Court : Guwahati
..... ordinary meaning we are thus confronted with the problem that the word 'meat' in its natural and ordinary sense means the flesh of animals as opposed to 'fish and poultry'. can the ordinary meaning of a term gain a sense in common parlance or in popular sense which is totally opposed to the current meaning of the word in none of the reported decisions of the supreme court their lordships have resolved the problem and, therefore, we do ..... basis of the finding is extracted below :i have already said that the chicken is sometimes called 'white meat'.shortly put, the learned judge reached the conclusion that chicken is sometimes called 'white meat' and, therefore, dressed chicken, i.e ..... the words 'meat', 'eggs' and 'poultry' being english words, learned counsel for both the parties have placed a number of english dictionaries in support of ..... , are exempt from taxation ?it has been contended by learned counsel for the petitioner that the word 'meat' has not been defined in 'the act' and, as such, the word should be construed in the sense in which it is understood in the trade, by the dealer ..... . we are also of the view that the learned judge has used a technical expression and deduced therefrom the meaning of the word ..... , in popular sense or common parlance, as 'meat', submits learned counsel and refers several decisions of the supreme court wherein the golden rules of interpretation of the entries of the sales tax statutes have been settled, explaining the steps-in-aid to determine the true .....
Tag this Judgment!Court : Guwahati
..... maintained that the order of the assessing officer, on completion of assessment read with the order dated november 10, 1995, of the tribunal not being erroneous and, therefore, not prejudicial to the revenue, the learned commissioner of income-tax acted without jurisdiction in passing the impugned order in purported exercise of powers under section 263 of the act. ..... the provisions of the act referred to neither contemplate nor approve substitution of the views of the assessing officer in the matter of computation of profits and gains for the purpose of quantifying the deduction to which an assessee thereunder is entitled by indulging in a fact-finding enquiry on the basis of additional materials provided the assessment sought to be interfered with embodies a plausible view recognisable ..... (6) of section 80hh and sub-section (8) of section 80-i enact a procedure for the computation of the profits and gains of the asses-see specified therein for the purpose of determining the deduction to which they are entitled thereunder. ..... thus primarily the satisfaction of the assessing officer to decide if the computation of the profits and gains on a reasonable basis is called for acting within the parameters of the provisos. ..... appearing under the sub-sections permit the assessing officer to compute such profits and gains on a reasonable basis as he would deem fit in case in his opinion the computation of the profits and gains in terms of the procedure prescribed presents exceptional difficulties. .....
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