Court : Guwahati
..... penalty order of the inspecting assistant commissioner under section 271(1)(c) of the income-tax act, 1961 '2. the assessee filed a return of income for the assessment year 1966-67 on september 30, 1966, showing a total income of rs. 92,591. the relevant balance-sheet and profit and 'loss account was subsequently filed on january 18, 1967 ..... pathak, c.j. 1. the following question of law has been referred under section 256(1) of the income-tax act, 1961, hereinafter referred to as 'the act', by the income-tax appellate tribunal, gauhati bench, to the high court for decision : ' whether, on the facts and in the circumstances of the ease, the tribunal was justified in law in cancelling the .....
Tag this Judgment!Court : Guwahati
..... we find that the tribunal, on the facts and circumstances of the case, was right in cancelling the penalty levied under section 271(1)(c) of the income-tax act, 1961, for the assessment year 1968-69. 16. the question of law referred is answered in the affirmative and against the department. 17. the reference is accordingly disposed ..... the high court for decision 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 circumstances of the case, the tribunal was right in cancelling the penalty levied under section 271(l)(c) of the income-tax act, 1961, for the assessment year 1968-69 ..... ?' 2. the assessee is a firm carrying on business in bins and some other articles. for the assessment year 1968-69 it filed a return showing an income of rs. 38,200. the return was accompanied by .....
Tag this Judgment!Court : Guwahati
..... pathak, c.j.1. the following two questions of law have been referred to this court for decision by the income-tax appellate tribunal, gauhati bench, under section 256(1) of the income-tax act, 1961, hereinafter referred to as 'the act' : ' (1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that penalty ..... 56, 1956-57 and 1958-59.9. considering the quantum appeals for the assessment years 1955-56 and 1956-57, the tribunal observed : ' neither before the income-tax officer nor before us there has been any attempt to prove the genuineness of these credits and the assessee has merely relied on his basic argument that this amount ..... assessment year 1957-58 only and he, therefore, enhanced the additions by rs. 28,617 as against the addition of rs. 72,383 made by the income-tax officer.4. in view of the admission made by the assessee before the appellateassistant commissioner in the course of the appeal proceedings for theassessment year 1957-58 that .....
Tag this Judgment!Court : Guwahati
pathak c.j. - the following two questions of law have been referred to this court for decision by the income-tax appellate tribunal, gauhati bench, under section 256(1) of the income-tax act, 1961, hereinafter referred to as "the act" :"(1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that penalty under ..... the same persons in the earlier years should be considered as covered by the additions made by the appellate assistant commissioner for the assessment year 1957-58. the income-tax officer, however, did not accept this contention. so he added back the total credits amounting to rs. 22,577 and also the interest amounting to rs. ..... 1955-56, 1956-57 and 1958-59.considering the quantum appeals for the assessment years 1955-56 and 1956-57, the tribunal observed :"neither before the income-tax officer nor before us there has been any attempt to prove the genuineness of these credits and the assessee has merely relied on his basic argument that this .....
Tag this Judgment!Court : Guwahati
..... byrangarajan j. - the short, but interesting, question that arises for 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 in the following terms ..... 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, 1962-63, 1963-64, 1964-65 and 1965-66, against the assessee, m/s. shyam sunder ..... not paid to the government account because there was no demand for payment from the income-tax department.the above excuse is thoroughly unconvincing and unacceptable. section 200 of the income-tax act, 1961, casts responsibility on any person deducting tax at source to pay within the prescribed time, the sum so deducted, to the .....
Tag this Judgment!Court : Guwahati
..... for the assessment year 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 february 1, 1964, and the ..... 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 ?"the material facts of the case may be briefly stated thus :the assessee-firm, jain & co., ..... firm is liable to assessment. these two provisions clearly show that for the purpose of registration of a partnership firm for the purpose of the income-tax, 1961, the act is primarily concerned with the names and addresses of the partners and their respective shares in the profit of the firm.an application for registration .....
Tag this Judgment!Court : Guwahati
..... case, the tribunal was correct in holding that non-service of notice under section 143(2) of the income-tax act, 1961, against nine out of the ten legal representatives of the deceased, shri b.n. singh, did not invalidate the assessment orders of the income-tax officer relating to the assessment years i965r66, 1966-67 and 1967-68 and that it was at best an ..... case, the tribunal was wrong in holding that non-service of notice under section 143(2) of the income-tax act, 1961, against nine out of the ten legal representatives of the deceased, shri b. n. singh, did not invalidate the assessment orders of the income-tax officer relating to the assessment years 1965-66, 1966-67 and 1967-68 and that it was at best .....
Tag this Judgment!Court : Guwahati
..... the case, the tribunal was correct in holding that non-service of notice under section 143(2) of the income-tax act, 1961, against nine out of the ten legal representatives of the deceased, shri b.n. singh, did not invalidate the assessment orders of income-tax officer relating to the assessment years 1965-66, 1966-67 and 1967-68 and that it was at best ..... case, the tribunal was wrong in holding that non-service of notice under section 143(2) of the income-tax act, 1961, against nine out of the ten legal representatives of the deceased, shri b. n. singh, did not invalidate the assessment orders of the income-tax officer relating to the assessment years 1965-66, 1966-67 and 1967-68 and that it was at best .....
Tag this Judgment!Court : Guwahati
..... and on a true construction of the deed of partnership dated january 9, 1969, the tribunal was justified in upholding the order of the cit cancelling the order under section 185 of the i.t. act, 1961, passed by the ito and directing the ito to treat the assessee as aop (association of persons) for the assessment year 1970-71 ..... not before us, because this is not one of the points which arises out ofthe reference. '4. section 184 and section 185 of the i. t. act, 1961 (act 43 of 1961) (hereinafter called ' the act '), deal with applications for registration of partnership firm ; the applications have to be made to the ito under section 184 of the ..... but this possibility will not justify an approach, seeking to find some loop-hole or other in the partnership, where none exists, merely in an endeavour to collect income-fax at higher rates than permissible. a genuine and legal partnership cannot be treated as aop.6. the reasons which weighed with the commissioner will be briefly indicated presently .....
Tag this Judgment!Court : Guwahati
..... and on a true construction of the deed of partnership dated january 9, 1969, the tribunal was justified in upholding the order of the cit canceling the order under s. 185 of the i.t. act, 1961, passed by the ito and directing the ito to treat the assessee as aop (association of persons) for the assessment year 1970-71 ?"the ..... point is not before us, because this is not one of the points which arises out of the reference.s. 184, and s. 185 of the i.t. act, 1961 (act 43 of 1961) (hereinafter called "the act"), deal with applications for registration of partnership firm; the applications have to be made to the ito under s. 184 of the ..... rate for a partnership within the meaning of the indian partnership act, than for a mere association of person (aop). but this possibility will not justify an approach seeking to find some loophole or other in the partnership, where none exists, merely in an endeavour to collect income-tax at higher rates than permissible. a genuine and legal partnership cannot .....
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