Court : Guwahati
..... question to be considered is whether surtax paid can be deducted under section 37 of the income-tax act. 17. learned counsel for the assessee placing reliance on the definition of 'tax' in clause (43) of section 2 of the income-tax act, 1961, argued that surtax is not a tax under the income-tax act and, therefore, deduction under section 37 is not prohibited. the calcutta high court, in the first ..... arise. this is how the gujarat high court reasoned out for not deducting surtax under section 37 of the income-tax act, 1961. 13. the rajasthan high court in associated stone industries (kota) ltd. v. cit held that surtax was a tax on profits computed under the income-tax act, 1961. the deduction of surtax is prohibited under section 40(a)(ii) and, therefore, was not allowed to be deducted .....
Tag this Judgment!Court : Guwahati
..... or extracting coal or any part of such land, in this act referred to as 'coal mine'. income-tax act, 1961:4. the meaning of the expression 'agricultural income', being relevant in the present context, as provided under section 2(1a) of the income-tax act, 1961 (for short, 'the central act'), may be noted as under:2.(1a) 'agricultural income' means(a) any rent or revenue derived from land which is ..... in the assessment under the income-tax act, 1961:provided further that in case of agricultural income from cultivation and manufacture of tea the agricultural income for the purposes of this act shall be deemed to be that portion of the income from cultivation, manufacture and sale which is agricultural income within the meaning of the indian income-tax act and shall be ascertained by computing the income from the cultivation, manufacture and .....
Tag this Judgment!Court : Guwahati
..... of deduction in respect of unpaid provision is not an allowable deduction either under section 8(2)(e) or section 8(2)(f)(vii) of the agricultural income-tax act, 1939, for short 'the act'.5. section 8(2)(f)(vii) reads as follows : '(vii) any expenditure (not being in the nature of capital expenditure) laid out or expended ..... computed for deduction. however, there is no such identical provision in the assam agricultural income-tax act. section 37 of the act provides, for such allowance.9. it is the case of the petitioner-company that they are maintaining their accounts in the mercantile system. in the ..... on the word 'paid' and drawing reference to section 43b of the income-tax act, held that the tax, duty, cess or fee not paid during the accounting year cannot be allowed to be deducted. section 43b of the income-tax act is very specific and provides that only the tax, duty, cess or fee actually paid in the accounting year shall be .....
Tag this Judgment!Court : Guwahati
..... and reasonable opportunity of being heard was given to the assessee in terms of the proviso to sub-section (1) of section 31 of the assam agricultural income-tax act, 1939 ?' 2. the assessee carries on business of cultivation, manufacture and sale or supply of tea. for the assessment year 1978-79, the company ..... :'(i) whether, in the facts and circumstances of the case, the order of the assessment passed by the agricultural income-tax officer by way of rectification under section 31(1) of the assam agricultural income-tax act, 1939, has been rightly set aside when such order had the effect of enhancing the assessment?(ii) whether, in ..... circumstances of the case, the learned board was justified in upholding the order of the assistant commissioner of taxes setting aside the order of rectification passed under sub-section (1) of section 31 of the assam agricultural income-tax act, 1939, which was prima facie violative of the mandatory requirements contained in the provision to the aforesaid .....
Tag this Judgment!Court : Guwahati
..... i shall be constrained to take recovery measures as per various provisions of sections 222 to 232 of the income-tax act, 1961, and also as per second schedule to the income-tax act, 1961.hope you will co-operate in the matter.yours faithfully, (sd.) s. r. dutta,tax recovery officer-4, guwahati.' 3. the challenge has been made on the ground that under section 225/226 of ..... the income-tax act, the tax recovery officer is the competent authority to grant instalments and he being a quasi-judicial authority, he cannot .....
Tag this Judgment!Court : Guwahati
..... all the legal representatives of the late israil khan, who are said to be 10 in number, were not served with notices under section 143 of the income-tax act (hereinafter 'the act'), the assessments were null and void and no payment could be demanded on the basis of such assessment orders. 2. in so far as the factual aspect ..... that notices were issued only on the wife and three sons of the late israil khan inasmuch as in the course of a proceeding under the gift-tax act (the gift-tax officer was also the income-tax officer) information was furnished by the authorised representative, mr. tibrewal, on august 30, 1974, that the late israil khan had left the following legal ..... being the position, we are of the view that when notices were issued on four legal representatives only of the deceased, it cannot be held that the income-tax officer had acted without diligence or had not applied his mind to this aspect of the case properly and duly. 5. in this connection, shri saraf refers to jai prakash .....
Tag this Judgment!Court : Guwahati
..... judge in civil rule no. 1487 of 1991 (see ). the learned single judge set aside the order passed by the income-tax officer holding it to be contrary to the provisions of section 205 of the income tax act, 1961. the revenue impugns the order by the present proceedings in appeal.2. heard shri k. p. sarma, for the ..... required to pay forthwith, failing which, usual consequences under different sections of the income-tax act were to follow. being aggrieved by seizure of account by means of the notices indicated above, the petitioner-respondent filed the civil rule impugning the orders/notices ..... 1986, was passed by the assessing authority as indicated above, two notices, both dated february 20, 1991, were issued under section 226(3) of the income-tax act to the bankers of the petitioner-respondent indicating that a sum of rs. 2,35,479 was due and realisable against the petitioner-respondent which the bankers were .....
Tag this Judgment!Court : Guwahati
..... under the assam agricultural income tax act which alone is the point for our decision. 14. the indian income-tax act bears no analogy to the assam agricultural income-tax act--and the income assessable under the income-tax is not the same as is liable to be taxed under the assam agricultural income-tax act; rather the one is exclusive of theother and the agricultural income is not assessable under the income-tax act. under the income-tax act, subject to the ..... provisions of the said act, the total income of any person includes all .....
Tag this Judgment!Court : Guwahati
..... of the directors of appellant no. 1. for cultivation of tea, the appellant is liable to pay tax under the assam agricultural income-tax act, 1939 (for short, 'the agricultural income-tax act'), and for manufacture and sale of tea, it is liable for income-tax under the income-tax act, 1961 (for short, 'the income-fax act').3. for the assessment year 1985-86 pertaining to accounting period ending june 30, 1984, appellant no ..... agricultural income-tax officer making an assessment of agricultural income under the kerala agricultural income-tax act is bound to accept the assessment of the income which has already been made by the central income-tax authorities under rule 24 of the income-tax rules, 1922, read with section 10 of the indian income-tax act, 1922, or under rule 8 of the income-tax rules, 1962, read with sections 28 to 44 of the income-tax act, 1961. we .....
Tag this Judgment!Court : Guwahati
..... 1991, the tribunal declined to refer the question of law to this court under section 256(1) of the income-tax act, 1961. the petitioner filed an application before this court under section 256(2) of the income-tax act, 1961, for a direction to the tribunal to draw up a statement of the case and refer the question of law ..... by tour operators and travel agents in the business of running these vehicles on hire for tourists. the second proviso to section 32(1)(ii) of the income-tax act, 1961, which disallows depreciation on foreign motor cars, is reproduced below: 'provided further that no deduction shall be allowed under this clause in respect of any ..... in disallowing depreciation at a higher rate. the action of respondent no. 1 is contrary to the clarification issued by the central board of direct taxes under section 119 of the income-tax act, 1961.9. at the beginning, mr. g.k. joshi, learned counsel for the respondents, urges a preliminary objection that this application under article 226 .....
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