Judgment Search Results Home > Cases Phrase: income tax act 1961 section 168 executors Sorted by: old Court: guwahati Page 12 of about 794 results (0.117 seconds)

Hanutram Ramprasad, Dibrugarh Vs. Commissioner of Income-tax, Assam, N ...

Court : Guwahati

Reported in : [1978]112ITR187(Gauhati)

..... 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.the relevant portion of section 271 of the income-tax act, 1961, with which we are primarily concerned in this case, may be quoted :'271. failure to furnish return, comply with notices, concealment of ..... avoidance of the liability, the burden is on the accused to make good the defence.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 .....

K.C. Trunk and Bucket Factory Vs. Commissioner of Income-tax

Court : Guwahati

..... dated may 25, 1959, the tribunal was justified in holding that the assessee-firm was not entitled to continuation of registration under section 184(7) of the income-tax act, 1961, for the assessment year 1965-66 ? (ii) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that ..... 2. for the assessment year 1965-66, the assessee filed a return on january 20, 1967, along with a declaration under section 184(7) of the income-tax act, 1961 (hereinafter called 'the act'). the declaration made in para. (11) was in the following terms : ' there has been no change in the constitution of the firm or the ..... registration of the instrument of partnership under section 26a of the income-tax act. the registration under section 26a is an annual registration.' 28. although section 26a of the indian income-tax act, 1922, fell for consideration in the above decision, the relevant law is unchanged in the 1961 act. 29. in the result, we hold that the registration granted .....

Bhauram Jodhraj Properties (P.) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... 1966, september 12, 1967, and september 27, 1968, respectively. under the provisions of section 140a of the income-tax act, 1961, the assessee was required to pay self-assessment taxes on the basis of its return of income within thirty days from the date of submission of the returns. the assessee in the instant case failed to ..... view that it was the duty of the assesseee to make some provision for payment of taxes before making investment for other purposes. the income-tax officer held that the assessee was liable to penalty under section 140a(3) of the income-tax act, 1961, and he, therefore, imposed penalties of rs. 1,500, rs. 1,000 and ..... 256(1) of the income-tax act, 1961.2. the following question of law has been referred by the income-tax appellate tribunal: 'whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the imposition of penalties by the income-tax officer under section 140a(3) of the income-tax act, 1961, relating to assessment years .....

Commissioner of Income-tax Vs. Maskara Tea Estate

Court : Guwahati

m.c. pathak, c.j.1. this is a reference under section 256(1) of the income-tax act, 1961, hereinafter referred to as the act.2. the following question of law has been referred by the income-tax appellate tribunal: 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding ..... that a genuine firm of four partners as stated in the deed of partnership dated april 1, 1960, was in existence during the previous years relevant to the assessment years 1961 ..... 1960, was registered on july 28, 1960. it may be observed here that there was no application for registration of the partnership under the act for the assessment year 1961-62. therewas, however, an application for registration for the assessment years 1962-63 and 1963-64 and for those two years registration was .....

Bhauram Jodhraj Properties (P.) Ltd. Vs. Commissioner of Income-tax, A ...

Court : Guwahati

..... 256(1) of the income-tax act, 1961.the following question of law has been referred by the income-tax appellate tribunal."whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the imposition of penalties by the income-tax officer under section 140a(3) of the income-tax act, 1961, relating to assessment year 1966 ..... 1966, september 12, 1967, and september 27, 1968, respectively. under the provisions of section 140a of the income-tax act, 1961, the assessee was required to pay self-assessment taxes on the basis of its return of income within thirty days from the date of submission of the returns. the assessee in the instant case filed to ..... view that it was the duty of the assessee to make some provision for payment of taxes before making investment for other purposes. the income-tax officer held that the assessee was liable to penalty under section 140a(3) of the income-tax act, 1961, and he, therefore, imposed penalties of rs. 1,500, rs. 1,000 and .....

Commissioner of Income-tax Vs. Banshidhar Sewbhagawan and Co.

Court : Guwahati

pathak, c.j. 1. this is a reference under section 256(1) of the income-tax act, 1961, hereinafter referred to as 'the act', made by the income-tax appellate tribunal, hereinafter referred to as 'the tribunal'. the following question of law has been referred: 'whether, on the facts and in the circumstances ..... of the case, the tribunal was correct, on a proper interpretation of the term's of the lease deed dated march 23, 1961, and the agreement dated april 6, 1961 ..... amounts paid by the assessee to the jagirdar and the government each year were revenue expenditure allowable under section 12(2)(xv) of the hyderabad income-tax act, corresponding to section 10(2)(xv) of the indian income-tax act, 1922.' 21. the supreme court after discussing a number of cases held as follows --see : [1960]40itr67(sc) : 'we are .....

Sundaram Mahadeo Vs. Commissioner of Income-tax

Court : Guwahati

..... return, that such expenses claimed by the assessee without mentioning in the return itself came within the purview of the explanation to section 271(1)(c) of the income-tax act, 1961, and that even assuming that there were certain other items also, which could not form part of the subject-matter of penalty under the explanation to section 271( ..... in the circumstances of the case, the tribunal was legally correct in applying the provisions of the explanation to section 271(1)(c) of the income-tax act, 1961, as introduced by section 40 of the finance act, 1964 ?'2. the facts of the case may be briefly stated as follows i the relevant assessment year relates to 1964-65. the ..... . the inspecting assistant commissioner after having heard the petitioner levied a penalty of rs. 6,500 under section 271(1)(c) of the income-tax act, 1961, by order dated february 9, 1967. against this order of penalty the petitioner preferred an appeal before the tribunal. the tribunal after having heard both the .....

Saharaj Tea Company Vs. Commissioner of Income-tax

Court : Guwahati

pathak, c.j.1. by this application under section 256 of the income-tax act, 1961 (hereinafter referred to as 'the act'), the petitioner has prayed for calling for a statement of the case from the income-tax appellate tribunal, gauhati, on the following proposed questions of law : '(1) whether, on the facts and in the circumstances of the ..... the last revised return was filed on may 26, 1965. after hearing the assessee, the income-tax officer completed the assessment under section 143(3) of the act as a protective measure in the status of the firm. the income-tax officer in the assessment order relating to m/s. saharaj tea company has pointed out that ..... department in the case of j. ahmed was dismissed.6. while discussing the case of messrs. saharaj tea company, the tribunal has pointed out that the income-tax officer while assessing messrs. saharaj tea company made a protective assessment. after discussing the relevant facts, the tribunal has held that the appellate assistant commissioner was .....

Smt. Satyabati Goswami and Others Vs. Commissioner of Gift-tax, Assam, ...

Court : Guwahati

..... pathak c.j. - the following questions of law have been referred under section 26(1) of the gift-tax act, 1958 (hereinafter referred to as "the act"), by the income-tax appellate tribunal, gauhati bench (hereinafter referred to as "the tribunal") :"(i) whether, on the facts and in the circumstances of the case, the tribunal ..... the previous year relevant to the assessment year 1960-61 before his death. kumudeswar goswami died on february 17, 1961.after the death of kumudeswar goswami on february 17, 1961, action was taken under the gift-tax act against the six sons of kumudeswar goswami as his legal representatives and notices were served under section 13(2) of ..... tribunal that all the gifts were made during the relevant previous year to the assessment year 1960-61.before the gift-tax could be assessed, kumudeswar goswami died on february 17, 1961. the proceedings under the act started against the six sons of kumudeswar goswami. in all the cases notices were issued to the sons under section 13 .....

Smt. Satyabati Goswami and ors. Vs. Commissioner of Gift-tax, Etc.

Court : Guwahati

m.c. pathak, c.j.1. the following questions of law have been referred under section 26(1) of the gift-tax act, 1958 (hereinafter referred to as 'the act '), by the income-tax appellate tribunal, gauhati bench (hereinafter referred to as 'the tribunal'): '(i) whether, on the facts and in the circumstances of the case, the tribunal ..... the previous year relevant to the assessment year 1960-61 before his death. kumudeswar goswami died on february 17, 1961.4. after the death of kumudeswar goswami on february 17, 1961, action was taken under the gift-tax act against the six sons of kumudeswar goswami as his legal representatives and notices were served under section 13(2) ..... all the gifts were made during the relevant previous year to the assessment year 1960-61.20. before the gift-tax could be assessed, kumudeswar goswami died on february 17, 1961. the proceedings under the act started against the six sons of kumudeswar goswami. in all the cases notices were issued to the sons under section 13 .....