Court : Guwahati
..... 1354 of 1985. by the impugned judgment and order, the accused-firm and its partners were found not guilty of the charge under section 276c and section 277 of the income-tax act, 1961.2. the accused-respondent no. 1 is the partnership-firm, viz., sunanda-ram deka. the firm had partners, viz., sunandaram deka, promode chandra deka, mukul chandra ..... the cash credit entry was shown at exhibit-6, but it was not shown at exhibit-1. the income-tax officer, by exercising the power under section 144b of the income-tax act, 1961, proposed to add rs. 5,00,000 as income and as required under the law the draft assessment order was sent to the firm and also to the ..... false or did not believe it to be true.10. mr. gogoi has fairly pointed out the provisions of section 278e of the income-tax act which were subsequently inserted in the income-tax act by the amending act of 1986 with effect from september 10, 1986. this section is regarding presumption as to culpable mental state in a criminal trial under .....
Tag this Judgment!Court : Guwahati
..... a co-operative bank registered under the assam co-operative societies act, 1949, and that its business income would be exempt from payment of income-tax under section 81 of the income-tax act, 1961 (hereinafter called 'the act'), which (as it then stood) reads as under : '81. income-tax shall not be payable by a co-operative society--(i) in ..... order of the commissioner is within his jurisdiction and competence, but in view of the fact that no appeal, revision or review lies under the income-tax act against that order, this application under article 226 of the constitution cannot be dismissed on the ground that the petitioner did not exhaust the statutory ..... that an alternative remedy was open to the petitioner, which the petitioner did not exhaust. the learned standing counsel further submitted that the income-tax act is a self-contained act and that the remedies available thereunder should first be availed of before the petitioner could seek relief under article 226 of the constitution of .....
Tag this Judgment!Court : Guwahati
..... article 226 of the constitution have been filed challenging the orders dated january 25, 1994 and june 6, 1994, passed by the assistant commissioner of income-tax, circle-tds, panbazar, guwahati, under section 201(1) of the income-tax act, 1961 (annexure-xiii to the cr no. 405 of 1994 and annexure-vi to the cr no. 2786 of 1994), respectively. by the order dated january ..... money to the prize winners in terms of the agreement made with the organising agent. the liability for deduction of income-tax at source under section 194b of the income-tax act, 1961 (for short 'the act'), rests with the petitioner and the petitioner is to deduct tax at source while making payments towards prizes, provided the payments exceed rs. 5,000. the petitioner is also responsible for .....
Tag this Judgment!Court : Guwahati
..... has been referred by the income-tax appellate tribunal, gauhati bench, under section 256(1) of the income-tax act, 1961, hereinafter referred to as ' the act ' : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the assessee firm had furnished inaccurate particulars of income and, therefore, penalty levied ..... position, for the purpose of the income-tax act, a firm cannot be equated with the partners because from the relevant provisions of the income-tax act it is quite clear that a firm is an entity which may be assessed as a person as ..... a local authority, and (vii) every artificial juridical person, not falling within any of the preceding sub-clauses.' 11. under the income-tax act a firm is an entity which is liable to pay tax. a firm is an assessee apart from the individual partners who also may be assessed in their individual capacities. that being the .....
Tag this Judgment!Court : Guwahati
..... the suit has been dismissed is that the suit is not maintainable in view of the provisions of section 44 of the assam agricultural income-tax act (assam act ix of 1939) (hereinafter called the act). section 44 of the act reads as follows :"44. no suit shall be brought in any civil court to set aside or modify any assessment made under this ..... to issue the said notice to the manager of the estate outside british india."mainly the relief claimed was that the bengal agricultural income-tax act in so far as it purports to impose a liability to pay agricultural income-tax on the plaintiff as the ruler of an indian state was ultra vires and void and that the notice served was illegal. ..... are laid down."the next case referred to is state of tripura v. province of east bengal . the facts of this case were that the bengal agricultural income-tax act was passed by the provincial legislature of bengal in 1944. it applied to the whole of bengal and purported to bring under charge the agricultural .....
Tag this Judgment!Court : Guwahati
..... .2. the issue involved in the present appeal is the claim for benefit of exemption from being charged to income-tax on the sale of properties used for residence under section 54 of the income-tax act, 1961. section 54 of the income-tax act, 1961, is a beneficial provision of the income-tax act, 1961 for the assessee in the matter relating with the sale of properties used for residence, it appears, for ..... should be deposited before the date of furnishing the return of the income-tax under section 139 of the income-tax act. section 139 of the income-tax act, 1961, cannot be meant only section 139(1) but it means all sub-sections of section 139 of the income-tax act, 1961. under sub-section (4) of section 139 of the income-tax act any person who has not furnished a return within the time allowed .....
Tag this Judgment!Court : Guwahati
..... , the amount fixed for periodical payment was not independent of the amount paid in lump sum as premium. receipts by way of salami were found exempt from tax (under the income-tax act) on the ground that they might reasonably be regarded as rent or revenue derived from land. the learned judges referred to--'dinonath mookerjee v. debnath mullick' ..... of a transfer of a non-transferable holding is rent or revenue within the meaning of the expression as it occurs in section 2 (1) (a) of the income-tax act.--'birendra kishore v. secy. of state' air 1921 cal 262 was overruled on this point. the ratio decidendi was that the expression revenue included the term yield ..... these receipts could not be taken out of the ambit of the expression 'revenue' as used in the definition of agricultural income is the assam agricultural income-tax act, for it may not be said that rent is income and salami is capital receipt though both form part of the consideration for the transfer of the right of occupation. it is .....
Tag this Judgment!Court : Guwahati
..... manisana, j. 1. in this reference under section 256(1) of the income-tax act, 1961, we are to answer the following question : 'whether, under the facts and in the circumstances ..... given by the government of assam with the view to encouraging the assamese film industry. in section 2(24) of the income-tax act, it is declared that ' 'income' includes' such and such which are enumerated therein. in section 2(24), the interpretation clause, such a grant-in-aid ..... shall be construed as comprehending what it signifies according to its natural import. in relation to business undertaking, the word 'revenue' connotes incomings of the undertaking which are products of the normal working of the undertaking. the giving of financial aid or subsidy is at the discretion ..... in-aid from the government of assam. the said grant-in-aid was equivalent to the first 12 months' collection of amusement tax from the date of release of the film. the assessee had claimed that the said grant-in-aid given by the government .....
Tag this Judgment!Court : Guwahati
..... old decisions which have held that penalty for infraction of law is not deductible under section 37 of the income-tax act, 1961, for short 'the act', have ceased to be good law. 4. we may next refer to mahalakshmi sugar mills co. v. cit : [1980]123itr429(sc) wherein the supreme court was called upon to decide the nature of the interest ..... : 'whether, on the facts and in the circumstances of the case, interest paid under section 35a of the assam sales tax act, 1947, for delay in payment of sales tax was allowable as deduction under section 37 of the income-tax act, on the ground that it was not penal in nature ?' 2. we have heard shri choudhury for the petitioner and ..... shri saraf for the respondent after the decision of the apex court in central provinces manganese ore co. ltd v. cit : [1986]160itr961(sc) the law has been .....
Tag this Judgment!Court : Guwahati
..... an amount of rs. 3,41,911 being the employees' contribution towards provident fund, from the income of the assessee, deduction of which was disallowed by the assessing authority under section 43b(b) of the income-tax act, 1961 (in short 'the act').2 the appeal was admitted vide order dated april 30, 2001, on the following substantial questions ..... of law:1. whether section 43b of the act empowers the assessing authority to make addition to the income of the assessee of the amount representing the employees ..... b.p. katakey, j.1. this appeal under section 260a of the income-tax act, 1961, is preferred by the assessee against the order dated july 31, 2000, passed by the learned income-tax appellate tribunal, guwahati bench, guwahati, in i. t. a. no. 432 (gau) of 1997 and cross objection no. 12 (gau) of 1998, .....
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