Judgment Search Results Home > Cases Phrase: income tax act 1961 section 168 executors Sorted by: recent Court: guwahati Page 78 of about 794 results (0.108 seconds)

Commissioner of Wealth-tax Vs. Smt. Ratni Devi Beria and Smt. Nandkish ...

Court : Guwahati

..... applications are under section 27(3) of the wealth-tax act, 1957, hereinafter called 'the act'. the question of law on which reference was prayed for before the learned income-tax appellate tribunal, gauhati bench, was as follows : 'whether, on a proper construction of section 5(1)(viii) of the wealth-tax act, 1957, the tribunal was justified in holding that ..... the value of gold ornaments which was included by the wealth-tax officer on the basis that these ..... out of the order : 'whether the word 'jewellery' in section 5(1)(viii) of the wealth-tax act, 1957, prior to the amendment of the section and the introduction of explanation 1 by the finance (no. 2) act of 1971, could take in gold ornaments without precious or semi-precious stones embedded on them ?'3. .....

Khanikar Tea Estate (P.) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... incorrect. all that is argued on behalf of the assessee in the instant case is that the assessee is entitled to the depreciation under section 32 of the income-tax act, 1961. that aspect is implied in the question referred. but that aspect is not brought out in clear terms in the question referred to the court. therefore, the ..... under sub-section (1) of section 256 of the income-tax act, 1961. the question reads as under :'whether, on the facts and in the circumstances of the case, it could be inferred that the assessee was carrying on business through the agency of the vendor and, therefore, the income from dekhari tea estate accrued to the assessee during ..... january, 1969, all those the several pieces or parcel of land, etc.'3. the above question arose as respects the assessment year 1970-71. before the income-tax officer and the appellate assistant commissioner a dispute arose as to the date when the sale became effective. whether the assessee is accountable for the profits from january .....

Commissioner of Income-tax Vs. Mahatta Construction Co.

Court : Guwahati

..... c.j. 1. the following question has been referred to this court under sub-section (1) of section 256 of the income-tax act, 1961. the question reads as under : 'whether, on the facts and in the circumstances of the case, the tribunal was ..... that the withdrawal was improper and that the payment of interest to the niece or to the creditor was properly disallowed by the income-tax officer. 7. learned counsel appearing for the assessee argued that this court is to call for findings on these aspects, viz., ..... rs. 3,375 towards interest for the assessment year 1970-71 and rs. 4,711 towards interest in the succeeding year. 4. the income-tax officer held that the withdrawal of rs. 50,000 by a partner was not legal and as a sequel disallowed the payment of interest ..... was rs. 10,805. the closing balance for 1971-72 was rs. 20,830. the gift made by him was assessed under the gift-tax act. 3. the donee of the gift, after she received the amount, deposited rs. 50,000 in the firm and became a creditor. she .....

Commissioner of Income-tax Vs. Assam Cold Storage Co.

Court : Guwahati

..... the assessee in the succeeding year unless, by an order, registration of the firm is cancelled. that is how the issue was dealt with in that case.10. in the income-tax act, 1961, appeals are provided under section 246. an order under clause (b) of sub-section (1) or under sub-section (2) or sub-section (3) or sub- ..... things. the appeals are to be provided in statutes. the answer to the instant question in that background of jurisprudence has to be discovered in the income-tax act, 1961.4. in the repealed act of 1922, a firm was required to file an application for registration along with the particulars. when the application is made beyond time, the rule ..... a. raghuvir, c.j. 1. the following question has been referred to this court under section 256 of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the order of the income-tax officer rejecting the declaration filed beyond the tine prescribed under section 184(7) is an order made in exercise of the .....

indrajit Chaliha Vs. Controller of Estate Duty

Court : Guwahati

..... that by reason of the conversion of the sole proprietary business, there was no gift made by the deceased. the contention did not succeed. the contention was repeated before the income-tax appellate tribunal at gauhati in further appeal without any success. finally, at the instance of the accountable persons, the following question is referred to this court. 4. 'whether the ..... day when the deed was executed by all four of them. 7. the next question arises as to the application of section 9 or section 10 of the estate duty act of 1953. the deed was executed on august 2, 1962, and the death of the estate-holder occurred on june 15, 1964, more than two years after and, therefore, ..... tea estate, amounting to rs. 6,45,459 dutiable as part of the estate of shri j.p. chaliha, the deceased, under sections 5 and 10 of the estate duty act, 1953 ?' 2. the reference relates to the estate of jadav prasad chaliha. he was a planter-manufacturer and a tea merchant. he was the sole proprietor of a business .....

Commissioner of Income-tax Vs. Ganeshdass Sreeram

Court : Guwahati

..... whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that development rebate was admissible under section 33 of the income-tax act, 1961, on the cost of the plant and machinery let out for the assessment year 1966-67 ?'2. ganeshdass sreeram is a registered firm. the firm, in ..... . 1. two questions are, referred to this court under section 256(1) of the income-tax act, 1961. the questions read as under :'(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the income derived from lease rent of the building with plant, machinery, furniture and fixtures relating to ..... 1966-67, 1967-68, 1968-69, 1969-70, 1970-71 and 1971-72, claimed rents obtained by the firm as business income. the income-tax officer held that the income is not business income but is income from other sources for the six years. on appeal, the appellate assistant commissioner confirmed the order. on further appeal, the tribunal .....

Jwala Prasad Sikaria, Vs. Commissioner of Income-tax and ors.

Court : Guwahati

..... -61. the point is whether interest has to be paid on the amount refunded to an assessee, who was assessed under the indian income-tax act, 1922, hereinafter the 'old act', but after coming into force of the income-tax act, 1961, hereinafter the 'new act'. the five petitions are by five different assessees, but a common question of law is involved. we have, therefore, heard these petitions together ..... parts of this section :'297. repeals and savings.--(1) the indian income-tax act, 1922 (11 of 1922), is hereby repealed.(2) notwithstanding the repeal of the indian income tax act, 1922 (11 of 1922) (hereinafter referred to as the repealed act),-- (a) where a return of income has been filed before the commencement of this act by any person for any assessment year, proceedings for the assessment of .....

Jwala Prasad Sikaria, Vs. Commissioner of Income-tax and ors.

Court : Guwahati

Reported in : (1988)74CTR(Gau)22,[1989]175ITR535(Gauhati)

..... -61. the point is whether interest has to be paid on the amount refunded to an assessee, who was assessed under the indian income-tax act, 1922, hereinafter the 'old act', but after coming into force of the income-tax act, 1961, hereinafter the 'new act'. the five petitions are by five different assessees, but a common question of law is involved. we have, therefore, heard these petitions together ..... parts of this section :'297. repeals and savings.--(1) the indian income-tax act, 1922 (11 of 1922), is hereby repealed. (2) notwithstanding the repeal of the indian income tax act, 1922 (11 of 1922) (hereinafter referred to as the repealed act),-- (a) where a return of income has been filed before the commencement of this act by any person for any assessment year, proceedings for the assessment of .....

George Williamson (Assam) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Guwahati

Reported in : (1989)29ITD154(Gau.)

..... of karimtharuvi tea estate ltd. v. state of kerala [1966] 60 itr 262 in which on the facts of that case, it was held that it is well settled that income-tax act as it stands amended on the first day of april of any financial year must apply to the assessment of that year and that as amendment which came into force ..... above rule 6aa would be applicable to the assessment year 1981-82 as being the case before us. in that view of the matter, the commissioner of income-tax cannot be said to have acted without any jurisdiction or authority in coming to the conclusion that order of assessment was erroneous and prejudicial to the interests of revenue. it may be mentioned that ..... we cannot do.12. in this connection, it is useful to refer to the decision of the hon'ble supreme court of india in the case of cit v. scindia steam navigation co. ltd. [1961] 42 itr 589, in which on the facts of that case and particularly at page 613 (middle), it has been observed that in terms the proviso though .....

Daulatram Lakhani Vs. State of Assam and ors.

Court : Guwahati

..... v. governor general-in-council, air 1947 pc, 78. that decision dealt with, the jurisdiction of the civil court relating to an assessment made under the provisions of theincome-tax act. it was opined that jurisdiction to question the assessment otherwise than by use of the machinery expressly provided by the ..... of sub-sections (2) and (3) of section 154-a of the regulation which have taken within their fold even acts 'purported to have been done' (emphasis ours), in this connection he has referred to azimunnissa v. deputy custodian, evacuee properties air 1961 sc 365, wherein it was stated in para 20 that : '(t) the word 'purport' has many shades of ..... meaning. it means fictitious, what appears on the face of the instrument; the apparent and not the legal import and therefore any act which purports to be done in exercise of power is .....