Court : Guwahati
lodha, c.j. 1. this is an application by the commissioner of income-tax, north-eastern region, shillong, under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), for requiring the appellate tribunal to state the case and refer the following questions of law to this court; '(i) whether, on the facts and in the circumstances of the ..... case, thetribunal was justified in holding that penalty orders passed by the income-tax officer as cancelled by the appellate assistant .....
Tag this Judgment!Court : Guwahati
..... opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that agricultural income-tax is allowable as a debt and the provisions of section 2(m)(ii) of the wealth-tax act, 1957, are not applicable to the same ?'10. hereinafter we call this question as question no. 1. the tribunal refused ..... or interest payable in consequence of any order passed under or in pursuance of this act or any law relating to taxation of income or profits, or the estate duty act, 1953, the expenditure-tax act, 1957, or the gift-tax act, 1958,--(a) which is outstanding on the valuation date and is claimed by the assessee in appeal, revision or other ..... in net wealth as defined' in the-w.t. act, wealth-tax has not to be paid on them. as such, section 2(m)(ii) is applicable so far as the agricultural income-tax is concerned and the assessee will not be entitled to the deduction of the agricultural income-tax incurred by the assessee in arriving at the net wealth .....
Tag this Judgment!Court : Guwahati
..... ? (iii) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the penalty order under section 271(1)(c) of the income-tax act, 1961, cannot be sustained ' 5. the tribunal by its order dated november 25, 1974, rejected the application under section 256(1) of the i.t ..... the following three questions : ' (i) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal while giving effect to the hon'ble high court's judgment under section 260(1) of the income-tax act, 1961, was justified in considering the case de novo, and on a point which was not the subject-matter of reference to the ..... on february 25, 1965, levying a penalty of rs. 39,000 on the assessee under section 271(1)(c) of the i.t. act, 1961.2. the assessee preferred appeal, being ita no. 8348 of 1965-66, to the income-tax appellate tribunal which, by its order, dated november 24, 1967, set aside the order of penalty. in the appeal, two questions were .....
Tag this Judgment!Court : Guwahati
..... justified in holding that as the deed of partnership dated july 18, 1960, showed that income from house property would be shared by each of the members equally, the share of each member of ..... the i.t. act of 1961 (hereinafter referred to as 'the act'), requiring the income-tax appellate tribunal, gauhati bench, gauhati, to refer the following questions of law to this court for answer : '(i) whether, on the facts and in the circumstances of the case and on a proper construction of section 26 of the income-tax act, 1961, the tribunal was ..... house property and held that within the meaning of section 26 of the act, the shares of the members of the aop were not definite and ascertainable and, accordingly, he levied income-tax on the assessee. the assessee took an appeal to the aac of income-tax, who reversed the finding of the ito and held on a consideration .....
Tag this Judgment!Court : Guwahati
..... referred to the high court under section 254(4) of the i.t. act, 1961, for short ' the act ' by the income-tax appellate tribunal, gauhati bench at gauhati.3. relevant facts ..... then stood. however, the language of the relevant provision of the amendment act is clear to indicate that section 271(1) of the act stood substituted on and from the date of commencement of the income-tax act, 1961. the retrospective effect given by the amendment act is couched in the following language :' the following shall be substituted and ..... 73, having regard to the provisions of section 13 of the direct taxes (amendment) act, 1974, on the ground that it was a debatable point and so no rectification order can be passed under section 254(2) of the income-tax act, 1961, relating to the assessment! years 1961-62 and 1962-63 '2. the above common question has been .....
Tag this Judgment!Court : Guwahati
..... as a part of the machinery of assessment and the penalty was merely an additional tax imposed in certain circumstances on account of the assessee's conduct. the justification of this view was founded on certain observations in c. a. abraham v. income-tax officer, kottayam : [1961]41itr425(sc) . it is true that penalty proceedings under section 28 are included in ..... for the assessment year 1964-65, in the absence of any previous approval of the inspecting assistant commissioner of wealth-tax, as required under section 18(4) of the wealth-tax act, 1957, as it stood prior to its amendment by act 46 of 1964, with effect from april 1, 1965?' 2. question no. 1 was referred by the appellate ..... was justified in law in holding that there was valid and legal service of the notice on the assessee in accordance with the provisions of section 41 of the wealth-tax act, 1957, read with order 5, rule 15 of the code of civil procedure, as amended for the state of assam (4) whether, on the facts and in .....
Tag this Judgment!Court : Guwahati
..... rule 19a(3) cannot be applied in computing the deduction allowable u/s. 80j of the i.t. act, 1961, and whether the tribunal is justified in directing the ito to recompute the deduction without reference to rule 19a(3) of the income-tax rules, 1962 ' 3. we have heard the learned standing counsel for the revenue. none appears on behalf ..... we do not propose to dwell on the point and leave it open for final determination at the hearing of the reference. 8. for the foregoing reasons, we direct the income-tax appellatetribunal, gauhati bench, gauhati, to state the case and to refer theaforesaid question of lawj to this court in accordance with the provisionsof law. 9. in the result, ..... of the assessee in spite of due service of notice under registered a/d. we have perused the order dated november 10, 1978, passed by the income-tax appellate tribunal, gauhati bench, gauhati, turning down the prayer of the revenue to refer the aforesaid question to this court under section 256(1) of ' the .....
Tag this Judgment!Court : Guwahati
lahiri, j. 1. the question referred to us by the income-tax appellate tribunal, 'the tribunal' for short, under section 256(1) of the income-tax act, 1961, 'the act' for short, as fashioned by the tribunal reads: ' whether on a proper construction of section 32(2) of the income-tax act, 1961, the tribunal was justified in holding that the unabsorbed depreciation of the assessee, registered firm, for the preceding assessment ..... years allocated to the partners, if not wholly set off in their respective assessment, should be brought back for computation of the total income of the firm in the subsequent years, as if .....
Tag this Judgment!Court : Guwahati
..... ) provides that the amount of the voluntarily disclosed income shall not be included in the total income of the declarant for any assessment year under any of the acts mentioned in sub-section (9), i.e., indian i.t. act, 1922, i.t. act, 1961, excess profits tax act, 1940, business profits tax act, 1947, super profits tax act, 1963, and companies (profits) surtax act, 1964, if he had credited such amounts in ..... the circumstances of the case and in view of the declaration made by the creditors, viz., smt. swati devi jhunjhunwalla and smt. bhagwati devi tibrewalla, under the finance (no. 2) act of 1965 and accepted by the commissioner of income-tax, the tribunal was justified in holding that the credits standing in the names of the :said creditors were correctly included by the .....
Tag this Judgment!Court : Guwahati
..... but without being supported by any document. whether in such a circumtance the partnership firm could obtain registration in view of the provisions of section 184(1) of the income-tax act, 1961 ' (underscored by us) 4. the tribunal considered the provisions of section 184(1) and held that ved prakash, after the attainment of majority, became a partner ..... the partnership and that the firm was entitled to registration for the year 1968-69. the revenue preferred an appeal against the order of the aac's decision and the income-tax appellate tribunal, gauhati bench, gauhati, by its order dated june 6, 1975, in i.t.a. no. 155 (gau) of 1974-75, allowed the appeal ..... by shri ved prakash sarmah and all references to a partner in this deed shall accordingly apply to him also.the minor attained majority on august 31, 1967. the income-tax officer, hereinafter referred to as ' the ito ', held that though ved prakash attained majority on august 31, 1967, that is, during the relevant previous year, clause .....
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