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Assistant Commissioner of Income Vs. Tea Agency Trading Centre

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (2004)88ITD96(Gau.)

..... a block of assets instead of for each individual item as envisaged earlier. pursuant to this, clause (c) of sub-section (5) of section 43 of the act has been inserted to define the written down value in the context of the block system of assets. it was elaborately explained in the commentary on the it act, 1961, by the learned author, a.c. sampath iyengar, the law of income-tax, 9th edition, vol. 2 at p. 2932 which is reproduced as under : (i) the aggregate of the written down value of all the assets falling ..... decision of the supreme court in the case of vania silk mills ltd v. cit; (1991) 191 itr 647 (sc), it was held that the said amount is not liable to tax.5. the assessee appealed to the tribunal. the learned am has upheld the view of the cit(a) that the sum of rs 25,23,511 received by the assessee from the insurance company was a capital receipt. the learned am has further opined that section 41(2) of the act was not applicable to the facts of this case. it has further been held .....

Pancharatna Cement P. Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Reported in : (2009)227CTR(Gau)267,[2009]317ITR259(Gauhati)

..... , j.1. by the challenge laid in the instant proceeding, the petitioner seeks to abrogate the process of reassessment sought to be initiated by the impugned notice dated september 13, 2007, issued by the deputy commissioner of income-tax, circle, jorhat, under section 148 of the income-tax act, 1961, and the steps consequential thereto. by order dated august 29, 2008, this court while issuing notice had, in the interim, interdicted the exercise proposed.2. i have heard mr. g ..... petitioner was served with the notice dated september 13, 2007 (annexure 8 to the writ petition) issued by the deputy commissioner of income-tax, jorhat circle, under section 148 of the act thereby proposing to reassess its income for the assessment year 2004-05 on the ground that its income chargeable to tax had escaped assessment within the meaning of section 147 of the act. by its reply dated september 26, 2007, the petitioner while requested for the reasons for the reassessment notice, intimated the authority .....

Commissioner of Income-tax Vs. Smt. Eva Raha

Court : Guwahati

..... completed.13. it is undoubtedly true that when the orders were rendered by the tribunal they were made in accordance with the law as it then stood. however, the language of the relevant provision of the amendment act is clear to indicate that section 271(1) of the act stood substituted on and from the date of commencement of the income-tax act, 1961. the retrospective effect given by the amendment act is couched in the following language :' the following shall be substituted and shall be deemed always to have been substituted......' (emphasis* added)14. therefore, the main question is to determine the true legal effect of the retrospective .....

Commissioner of Income-tax Vs. Shyam Sundar Tea Co. Pvt. Ltd.

Court : Guwahati

..... decision in this income-tax reference is whether income-tax due from the assessee which could not be recovered summarily under section 231 of the income-tax act, 1961 (hereinafter called 'the act '), can be recovered by way of penalty. the reference was made ia the following terms : ' whether, on the facts and in the circumstances of the case, the tribunal was justified in cancelling the penalties imposed by the income-tax officer under section 221(1) of the income-tax act, 1961, relating to the assessment years 1960-61, 1961-62, ..... such no penalty can be imposed either under section 46(7) of the act of 1922, or under section 231 of the income-tax act, 1961. it is the correctness of this view that falls for consideration now. it is necessary to notice the relevant provisions of the act to appreciate the above question. chapter xvii of the act (1961) relates to the collection and recovery of tax. part a of chapter xvii contains sections 190 and 191 ; they are general provisions relating .....

Hanutram Ramprasad Vs. Commissioner of Income-tax

Court : Guwahati

..... not fully apply to a proceeding under section 271 of the income-tax act. in other words the department, in the course of any proceeding under the income-tax act, in order to levy penalty, need not prove beyond reasonable doubt, negatively, that the assessee has, without reasonable cause, failed to furnish the return of the total income which he was required to furnish.44. the relevant portion of section 271 of the income-tax act, 1961, with which we are primarily concerned in this case, may ..... defendant could easily prove that he did have one.'42. it is also well settled that when the defence in a criminal case is one of admission of the act and avoidance of the liability, the burden is on the accused to make good the defence.43. the penalty proceeding under section 271 of the income-tax act, 1961, is a quasi-criminal proceeding, but not a criminal prosecution as such, and, therefore, in our opinion, the doctrine of criminal jurisprudence that the guilt of the accused shall be established .....

JaIn and Co. Vs. Commissioner of Income-tax

Court : Guwahati

..... whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in law in holding that the assessee-firm was not constituted under a valid instrument of partnership and so the assessee-firm was not entitled to registration under section 185 of the income-tax act, 1961, for the assessment years 1965-66 and 1966-67?'2. the material facts of the case may be briefly stated thus; 3. the assessee-firm, m/s. jain & co., fancy bazar, gauhati, was constituted on february, 1964 ..... 1965-66 ended on april 9, 1965. on april 9, 1965, the assessee-filed an application under section 185 of the income-tax act, 1961 (hereinafter called 'the act'). the application was signed by the four partners who signed the memorandum and was accompanied by the partnership deed dated 1st february, 1964, and the memorandum dated january 7, 1965, aforesaid.5. the income-tax officer rejected the prayer for registration. he has held that the firm as per clause 7 of the partnership deed had to .....

Assam State Warehousing Corporation Vs. Commissioner of Income-tax and ...

Court : Guwahati

..... to decide the same in the light of the direction given by the tribunal by its earlier order dated november 27, 2001, and also in accordance with the direction given under section 263 of the income-tax act, 1961, by the commissioner of income-tax, n. e. region, in view of the substantial importance of the issue involved with reference to the exemption granted under section 10(29) of the income-tax act, 1961 ?3. we have heard mr. v. k. bhatra, learned counsel for the appellants, and also mr. u. bhuyan, learned counsel for the revenue.4. the appellant-corporation is a body .....

Commissioner of Income-tax Vs. Prahlad Rai Todi

Court : Guwahati

..... accept the definition of mistake as indicated above and given by the court. (ii) : [1988]174itr579(ker) (kil kotagiri tea and coffee estates co. ltd. v. income-tax appellate tribunal and ors.). this is a case from kerala high court wherein the law has been laid down as follows: ' section 254(2) and section 154 of the income-tax act, 1961, enable the concerned authorities 'to rectify any mistake apparent from the record'. the said expression has a wider content than the expression ' error apparent on the face ..... of the record' occurring in order 47, rule 1 of the civil procedure code, 1908. the restrictions on the power of review under order 47, rule 1. do not hold good in the case of section 254(2) and section 154 of the income-tax act.' we have no quarrel with thi .....

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

Court : Guwahati

..... the same person, shri anant kumar saharia, the minor and the sole beneficiary of the trust. it was also known to him that he claimed the relief of deduction of rs. 7,000 under section 80l of the income-tax act, 1961, against income from the trust and rs. 29 against individual income in spite of the fact that the income arising to the person being the same such deductions are not admissible beyond the maximum limit of rs. 7,000 under section 80l. it was further stated that it was incumbent on the part of the representative assessee ..... . choudhury, j. 1. both the civil rules were taken up for hearing together since they involve similar questions of fact and law. 2. in 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. 2228 of 1993 and for the assessment year 1988-89 in civil rule no. 2227 of 1993 are questioned. 3. for adjudicating the matter, the .....

Bhola Nath Majumdar Vs. Income-tax Officer and ors.

Court : Guwahati

..... applications, the petitioner had challenged, the notices issued under section 148 of the income-tax act, 1961, by the respondents after a period of four years from the date of the assessment. the notices relate to the assessment years 1984-85 and 1985-86. from the notices dated december 13, 1990, under section 148 of the income-tax act, 1961, it appears that the said notices were issued alleging that the income-tax officer had reason to believe that the income for the assessment years 1984-85 and 1985-86 escaped assessment. as such, the ..... believe that by reasons of omission/ failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the assessment year 1984-85, the income of rs. 70,214.18 chargeable to tax has escaped assessment within the meaning of section 147(a) of the income-tax act, 1961.'4. same reasons recorded for the assessment year 1985-86 were set out in the affidavit filed for the year 1985-86.5. sections 147, 148 and .....