Court : Guwahati
..... subsection (5) of section 139.40. in the result we find that the tribunal was correct in holding that the penalties under section 271(l)(c) of the income-tax act read with explanation to that section are justified in respect of the assessment years 1963-64, 1964-65 and 1965-66. 41. let us now consider the second ..... ) whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that penalties under section 271(1)(c) of the income-tax act read with explanation to that section were justified in respect of the assessment years 1963-64, 1964-65 and 1965-66 (2) whether, on the facts ..... , dated january 5, 1971 : ' filing false tax returns : do you know the consequences beware: filing of false tax returns is severely punishable under the income-tax, wealth-tax and gift-tax acts. it may cost you more than what you have concealed. under the income-tax act, a minimum penalty equal to the amount of the concealed income and a maximum penalty equal to twice that amount, .....
Tag this Judgment!Court : Guwahati
..... . we have no manner of doubt that on withdrawal or cancellation of a recovery certificate by the income-tax officer acting under section 224 of the income-tax act, 1961, for short 'the act'', the tax recovery officer cannot continue with the recovery proceedings against an assessee. section 224 of the act empowers the income-tax officer to withdraw or correct any mistake, clerical or arithmetical, in the recovery certificate. in support ..... of the constitution : '(i) whether on withdrawal or cancellation of the recovery certificate by the income-tax officer under section 224 of the income-tax act, 1961, for short 'the act', the tax recovery officer can proceed with the recovery proceedings under 'the act'? if so, whether, in the case in hand, the income-tax officer withdrew or cancelled the recovery certificate issued by him? (ii) whether the impugned recovery certificate .....
Tag this Judgment!Court : Guwahati
d.n. baruah, j. 1. in this income-tax reference, at the instance of the assessee, the following question has been referred by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961 (for short, 'the act'), for opinion of this court : ' whether, on the facts and in the circumstances of the case, the tribunal was right in law in sustaining the disallowance made under ..... section 40a(3) of the act ?' 2. the facts for the purpose of answering .....
Tag this Judgment!Court : Guwahati
..... at any rate or rates tax at that rate or those rates shall be charged for that year ..... the rate specified in the finance act and at no other rate. now, there is a change in the language of the charging section contained in section 3 of the indian income-tax act, 1922, and section 4(1) of the income-tax act, 1961. section 3 of the act of 1922 reads as follows : '3. charge of income-tax.--where any central act enacts that income-tax shall be charged for any year .....
Tag this Judgment!Court : Guwahati
amitava roy j.1. this batch of petitions register a challenge to the notices issued under section 148 of the income-tax act, 1961 (hereafter referred to as 'the act'), purportedly initiating a proceeding/action under section 147 thereof on the ground that the income of the assessees/writ petitioners as computed therein had escaped assessment for the different assessment years mentioned therein. the notices though are ..... further deductions as the law pertaining to the levy of agricultural income-tax might allow. the question is whether rule 24 of the income-tax rules, 1922, and rule 8 of the income-tax rules, 1962, can be said to form part of the definition of the term 'agricultural income' under the act of 1922 and the act of 1961, respectively . . .a reading of article 245 of the constitution with .....
Tag this Judgment!Court : Guwahati
..... effect to the impugned notice/order dated march 4, 1992, as in annexure-i to the writ petition and to quash the entire proceedings made under section 148 of the income-tax act, 1961, by contending, inter alia, that the petitioner-firm is a dealer of petrol, diesel, super kerosene oil and lubricants and the same are supplied by the indian oil corporation, digboi ..... has been assessed to income-tax by the income-tax officer, a-ward, silchar, vide his order dated september 8, 1983, under section 143 of the income-tax act and, accordingly, the petitioner paid the taxes and there was no further demand. according to the writ petitioner, the concerned income-tax officer without complying with the mandatory provisions of law laid down under section 151 of the income-tax act, 1961, which is hereinafter .....
Tag this Judgment!Court : Guwahati
..... assam, for the respondents. 6. dr. saraf at the very inception of his arguments pointed out that the similar question relating to tax clearance certificate under the assam agricultural income-tax act came up for consideration before this court in civil rule no. 2000 of 1994, and the learned single judge after consideration of the ..... plantation, manufacture and sale of black tea. the petitioners are also liable to file returns of income-tax and sale as per the provisions of the assam agricultural income-tax act, 1939, central sales tax act, 1956, and the assam sales tax act, 1947, as amended up to date and the rules framed thereunder. according to them, they ..... trucks carrying tea manufactured by the writ petitioners. 9. a careful consideration of the provisions of the assam agricultural income-tax act, 1939, shows that there is no provision for issuance of agricultural income-tax clearance certificate to a person for the purpose of carrying the products from one place to another. therefore, i .....
Tag this Judgment!Court : Guwahati
..... the petitioner did not submit the return and the certified copy of the assessment order under the income-tax act, 1922, in spite of the above communications received by him from respondent no ..... was also reminded for the submission of the returns of agricultural income and certified copies of the assessment orders under the income-tax act, 1922, in respect of this assessment year 1957-58, along with those for the assessment years 1956-57 and 1958-59 to 1961-62, vide annexure 'c' attached hereto. i also state that ..... notice upon the petitioner.' with reference to this allegation of the petitioner, the assistant commissioner of taxes, shillong, in paragraph 3 of his counter-affidavit states as follows : '..... the petitioner was assessed to tax payable under the assam agricultural income-tax act, 1939, ex parte, on june 30, 1962, for the assessment year 1957-58, after .....
Tag this Judgment!Court : Guwahati
..... 'whether, on the facts and in the circumstances of the case, and on a proper construction of section 271(1)(i)read with section 271(2) of the income-tax act, 1961, the tribunal was justified in upholding the cancellation of the penalty by the appellate assistant commissioner in the case of the assessee (registered firm), m/s. maskara tea ..... lahiri, j. 1. the assessee had applied for registration. at long last the matter came up before the income-tax appellate tribunal which by its order dated july 1, 1972, allowed registration to the assessee-firm for the assessment years 1961-62, 1962-63 and 1963-64. of course, it held, as it was bound to hold, that the ..... 1 kb 64. we have merely added the word 'penalty'. a penalty is levy of additional tax, as held by the supreme court in cit v. bikaji dadabhai & co. : [1961]42itr123(sc) . it is true that the scheme of the i.t. act, 1961, has been changed and chap. xxi provides for penalty proceedings separately but notwithstanding such changes the supreme .....
Tag this Judgment!Court : Guwahati
..... article 226 of the constitution, she is challenging three orders of the income-tax officer, a-ward, digboi. the first is an assessment order dated november 25, 1965, under section 144 of the income-tax act, 1961 (hereinafter referred to as the 'new act'), for the assessment year 1961-62. the second is an order dated december 26, 1967, rectifying ..... the above order under section 154 of the new act and the consequent notice of demand dated december 29, 1967, under ..... of the supreme court in hazari mal kuthiala v. income-tax officer, [1961] 41 i.t.r. 12, [1961] 1 s.c.r. 892 (s.c.). this was a case in which the income-tax officer, special circle, ambala, issued a notice under section 34 of the patiala income-tax act to reopen the firm's assessment deriving his jurisdiction .....
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