Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1983)3ITD368(Gau.)
..... 5-1976, accompanying the application. as such, i am unable to grant registration to the firm for the assessment year 1977-78 under section 185(1)(a) of the income-tax act, 1961.7. the assessee appealed against the aforesaid order of the learned commissioner (appeals), who reversed the order of the ito by pointing out inter alia as follows : 1. ..... 187 of the act. in the opinion of the commissioner (appeals), the ito had made the assessment in terms of section 184(8), read with ..... repugnant to any of the requirements of the partnership act. 2. that the ito has not made out any case to show that the old firm of seven partners was dissolved on 24-5-1976 thereby bringing into force the provision of sections 188 and 189 of the income-tax act, 1961 ('the act') and that the case was governed by section .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1984)9ITD314(Gau.)
..... of the assessment order. the ito has described the said order as having been passed in term's of section 143(3)/147(a)/253' of the income-tax act, 1961 ('the act'). the original assessment order in the present case was passed by the ito on 20-3-1974, on the bas's of the original return filed by ..... [1967] 66 itr 443 and their lordships have made it clear there that the power of enhancement under section 31(3) of the indian income-tax act, 1922, is restricted to the sources of income which have been the subject-matter of consideration by the ito from the point of view of taxability ...there must be something in the assessment ..... assessing officer giving effect to directions of tribunal and also culminating proceeding under section 147(a) was justified.the income tax officer was justified in passing a combined order. there was nothing in law to prevent the income tax officer from passing a combined order giving effect to the directions of the tribunal and also culminating the proceedings under .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1986)16ITD100(Gau.)
..... ppeal which is directed against the order of the commissioner (appeals) by which he has cancelled the reassessment made by the ito under section 144/147(a) of the income-tax act, 1961 ('the act') and thereby deleted the addition of rs. 5,04,127.the relief claimed by the revenue is that the order of the commissioner (appeals) may be reversed and ..... fact that the officer could have made further enquiries, but did not do so, did not take the case out of section 34(l)(a) of the indian income-tax act, 1922 as the assessee had failed to place truly and fully all the material facts before the officer. the hon'ble supreme court further observed that the remarks made ..... could not have any reason to believe that by omission or failure of the assessee to disclose fully and truly, all material facts necessary for assessment, the income chargeable to tax had escaped assessment. it was contended that the points noted in the reassessment order were already on the file of the ito at the time of making the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1988)24ITD440(Gau.)
..... supreme court in the case of calcutta discount co. ltd. v. ito [1961] 41 itr 191 at page 201 which reads as follows : it may be pointed out ..... of account books or other evidence from which material evidence could with due dilingence have been discovered by the income-tax officer will not necessarily amount to disclosure within the meaning of this section.there was a similar explanation to section 34 of the income-tax act, 1922. the scope and intent of explanation to section 34 has been explained, by their lordships of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1988)24ITR345(Gau.)
..... has been stated that the firm being genuine and the application for registration having been found to be in order, the requirements of section 185(1)(a) of the income-tax act, 1961 ('the act'), had been satisfied.6. the partnership deed as available from the ito's records reveal that as per oral agreement a partnership was formed w.e.f. 1 ..... of previous year next after the date of attaining majority could be granted registration under section 185(1)(a). it was held that under the provisions of the partnership act, a minor admitted to the benefits of partnership had two options open to him on attaining majority ; (i) he should either elect to become a partner in the ..... to registration as it makes the minor liable for the losses during the period km. sangita remained a minor. in this context, he referred to mukherjee's indian partnership act, 1976, edition, pages 249-251.5. in reply, the assessee's learned counsel supporting the aac's order brought to our notice the recitation made in the deed .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1990)32ITD125(Gau.)
..... claim that taxation liability should be allowed. the w.t.o.mentioned that on 27-8-1970 there was a search and seizure under section 132(1) of the income-tax act,1961, in the business premises of the firm m/s. barik brothers and the residential houses of their partners etc. certain documents were seized and possessed. more ..... the years under consideration, but later on he noted that the demands were consequent to the income-tax assessment raised in the hands of the firm on reassessment under section 147(a) of the income-tax act. the w.t.o., therefore, concluded that as the liabilities for the taxes were not in existence on the date of valuation, these cannot be said to be ..... debts in terms of section 2(iii) of the wealth-tax act. he also noted that in respect of the firm's .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1990)32ITD213(Gau.)
..... section 185 being a separate order, would continue to exist no matter what decision is taken with reference to section 246(l)(c). the cit (appeals) observed that the scheme of the income-tax act is clear and in the case of the assessee the question of registration should be dealt with separately in the assessment as well as in ..... order refusing to grant the benefits of registration. he, therefore, inferred that there was no opportunity available to him to deal with the said order under section 185. the cit (appeals) observed that no doubt section 246(1 )(c) provides that the assessee can contest the status taken in the assessment. but without being able to upset the ..... adjudication. in respect of ground nos. sand 6, we are to hear the parties and examine the facts. the cit (appeals) mentioned that the assessee has not preferred a separate appeal under section 246(l)(j) of the act. to understand the real controversy, we should narrate the facts of the case in brief.2. the assessment was made .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1989)28ITD265(Gau.)
..... give rise to amnesty to the assessee against enquiries or verification of those facts. there was nothing in section 24 of the finance (no.2) act, 1965, which prevented the income tax officer, if he was not satisfied with explanation of the assessee about the genuineness or source of the amount found credited in its books, although the ..... law and was not vitiated.according to the cit (appeals) if the ito acted wrongly in making enquiries and impounded the books of the assessee after return has been filed under the amnesty scheme, the assessee should have complained the matter to the iac concerned or the commissioner of income-tax and this ground cannot be taken in appeal. ..... declared in a voluntary disclosure under section 24 of the finance (no. 2) act, 1965 and to say that the amount did not represent income or declarant. but this decision was overruled by the hon'ble supreme court in another case in jamnaprasad kanhaiyalal v. cit [1981] 130 itr 244, which was also taken into account by the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1990)32ITD204(Gau.)
..... income-tax for waiver, if the conditions are satisfied under section 18(2 a). appeal before the aac under section 23 is in different directions ..... lt. col mirza mahmood ali baig [1985] 152 itr 740/ [1984] 19 taxman 468 (ap), it was held under the. wealth-tax act that the order of the w.t.o. giving effect to the order of the commissioner of income-tax wider section 18(2a), would not oust the assessee's right of appeal to die aac under section 23. in that particular ..... case, action under section 18 of the wealth-tot act was initiated. it was held that the assessee may approach the commissioner of .....
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