Court : Guwahati
..... section 39 of the act imposes an obligation to supply different forms of currency and it provides:-- '(1) the bank shall issue rupee coin on demand in exchange for bank notes and currency notes of the government of india, and shall issue currency notes or bank notes on demand in exchange for coin which is legal tender under the indian coinage act, 1906 ..... bank shall in exchange for currency notes or bank notes of two rupees or upwards, supply currency notes or bank notes of lower value or other coins which are legal tender under the indian coinage act, 1906, in such quantities as may, in the opinion of the bank, be required for circulation, and the central government shall supply such coins to the bank on demand. ..... 26 of the reserve bank of india act, 1934, cease to be legal tender in payment or on account at any place, section 4 prohibits transfer and receipt of high denomination bank notes providing that save as provided by or under the act, no person shall, after the 16th ..... section 26 provides that the notes shall have the character of legal tender as follows:-- '(1) subject to the provisions of sub-section (2) every bank note shall be legal tender at any place in india in payment or on account for the amount expressed therein and shall be guaranteed by the ..... , from the foregoing provisions it is clear that reserve bank is the sole note issuing authority and has the i obligation to exchange those notes, except when it is relieved of that jobligation under the provision of this act. .....
Tag this Judgment!Court : Guwahati
..... , of its own accord, showed this income in its return and claimed exemption from assessment on the ground that it was a company operating under section 26, indian companies act for charitable purposes, then the department had no occasion to find out whether the amount of income shown by the assessee was or was not correct. ..... he contends that under section 66 (1) (a) of the act, section 5, limitation act applies when an application to the high court is made by an assessee either under sub-section (2) or sub-section (3) of that section, but there is no provision for the application of section 5, limitation act to applications under sub-section (1) of section 66. ..... a notice of the order under sub-section (4) of section 33, indian income-tax act was served on the assessee on 5-7-1950. ..... , had obtained certificates from government under section 25 of the indian companies act as a charitable institution and on that basis they claimed exemption from income-tax in all their profits. ..... in that view of the matter, he urges that the applications were evidently presented beyond the requisite period of limitation as prescribed in the act, and there being no jurisdiction to extend the period of limitation, they must be taken to be barred, and liable to be rejected on that ground alone. ..... these last considerations, apart from their legal aspect, had also an important bearing on the factual probabilities of the claim to payment of insurance premia set up by the petitioners. 8. .....
Tag this Judgment!Court : Guwahati
..... pari materia, as well as the other provisions in the indian income-tax act itself , i experience no difficulty in coming to the conclusion that so far as section 37(2) is concerned -(1) there is nothing to indicate the purpose and object for exercising the power under the sub-section ; in other words, no nexus is disclosed between the purpose and object of the section and the exercise of the drastic power thereunder ;(2) there is no indication as to when and in what circumstances the power in question is to be ..... the statutory regulation in that behalf was a necessary or a reasonable restriction, and hence could not "per se" be considered to be unconstitutional, and that the damage, if any, caused by such temporary interference, if found to be in excess of legal authority, would be a matter for redress in other proceedings.in connection with this case, mr.roy pointed out that sharmas case was one under article 19(1)(f) and not under article 19(1)(g), and that although the search ..... 33, he further stated that the books, documents and papers specified in the seizure list were legally seized in execution of valid warrants of authorization issued by the commissioner of income-tax from the ..... were found out, the statute was saved, and otherwise the statute was struck down.on a careful consideration of the various supreme court decisions cited on behalf of both sides, the legal and constitutional position may be summed up as follows with particular reference to section 37(2) of the act.1. .....
Tag this Judgment!Court : Guwahati
..... the case on hand cannot be treated as one of a sub-partnership, though in view of section 29(1) of the indian partnership act, the trust as an assignee, becomes entitled to receive the assigned share in the profits from the firm not as a sub-partner because no sub-partnership came into existence but as an assignee of the share of income of the assignor- ..... cit it is held : 'when a legal fiction is created for an obvious purpose full effect of it is to be given-there is no half way house'.25 ..... teja singh : [1959]35itr408(sc) , it is held : 'it is a rule of interpretation well-settled that in construing the scope of legal fiction it would be proper and even necessary to assume all those facts on which alone the fiction can operate'. ..... kinariwala (2003) 179 ctr (sc) 15 : (2003) 259 itr 10, argued at length to justify the contention that the income is from export business and therefore, it is eligible for deduction under section 80hhc even when it reaches the hands of the sub-partnership, i.e. ..... according to the appellant, as the income of the parent firm is from export business and has been finally assessed in the hands of the parent firm, the said amount is also exempt under section 80hhc, when it reaches the hands of the sub-partnership. ..... the legal fiction created for non-application of the provisions of section 10(2a) on the ground that the appellant firm is not a partner of the main partnership has ushered in an absurd situation contrary to the facts as well as the provisions of the act. .....
Tag this Judgment!Court : Guwahati
..... retain its ordinary meaning, its scope should be videned by specific enumeration of certain matters which its ordinary meaning may or may not comprise so as to make the definition enumerative and not exhaustive and when it is so used, these words or phrases must be considered as comprehending not only such things as they signify according to their natural impart, but also those things which the interpretation clause declares that ..... the contention which prevailed there was that under section 80, indian railways act, the plaintiff was bound to implead the railway administration where the booking took place or the railway administration where ..... the appeal stage, for the opposite party were (i) that the suit was liable to be dismissed, as not being in accordance with section 80, indian railways act, and (ii) that the plaintiff had no right to sue. ..... also contemplates that in the case of a suit against the central government, when it relates to a railway, a notice under the section shall go to the general manager of that railway, but the suit has to be against ..... includes the government' has the effect of extending the meaning of the words railway administration as the said words might not mean the government when there was a manager. ..... out that a manager of a state railway can very well represent the railway administration in its ordinary business concerns and its general management; .........but 'when we come to chap. ..... when the wagon containing the goods was received at howbagh some of .....
Tag this Judgment!Court : Guwahati
..... the provisions of sections 107 and 108 of the indian evidence act are capable of being interpreted and acted upon by any employer particularly the lici with its huge force of legal experts. ..... this court in the case of amrana begum maziimdar (supra) had held, following the decisions of the apex court, that the presumption that is permissible to be drawn under section 108 is that on the expiry of 7 years from the date when the whereabouts of a person are not known to such person(s) who would have normally known about such whereabouts, the person may be presumed to be dead. ..... section 107 of the act contemplates that when a question whether a person is alive or dead is raised and if such person was alive within 30 years of the question being raised, the burden of proving that he is dead is on the person, who affirms it. ..... as the petitioner's husband had little over 2 years of service left on the date when presumption of death could be drawn under the law, the petitioner's son was not entitled to compassionate appointment. ..... .insofar as compassionate appointment of the petitioner's son is concerned, in the affidavit filed, the lici has stated in details that under rule 21 of the recruitment rules in force, compassionate appointment is required to be offered in case of death or voluntary retirement when cessation of service on either count had occurred at a time when the employee had 5 years or more of service left to his credit. .....
Tag this Judgment!Court : Guwahati
..... sagar mal, air 1965 sc 1798, wherein the apex court laid down thus, 'now, a proceeding under section 14 read with section 17 of the indian arbitration act, 1940, for the passing of a judgment and decree on an award does not commence with a plaint or a petition in the nature of a plaint and cannot be ..... it has been submitted, on behalf of the petitioners, that order xxii of the code of civil procedure (hereinafter referred to as 'the code') embodies provisions for substitution of legal representatives in civil suits and appeals and period of limitation for making such application is 90 days from the date of death of the party concerned, but so far as civil miscellaneous applications are concerned ..... a careful reading of article 120 shows that in a suit, when, the plaintiff or the defendant dies, the application to bring on record the legal representatives of the deceased plaintiff or defendant has to be made within 90 days from the date of death of the deceased plaintiff or defendant, ..... order xxii, rule 3(1) provides for bringing the legal representatives of deceased plaintiff on the record, when the right to sue does not survive to the surviving plaintiff or plaintiffs alone, and sub-rule (2) thereof imposes penalty for not bringing the heirs of the deceased plaintiff on record ..... since arbitration act, 1940, makes it clear that with the death of the party to an award, the award shall not become infructuous, it is clear that when a party to an award dies, his legal representatives are .....
Tag this Judgment!Court : Guwahati
..... in any case no dispute can be resolved without asking for prima facie evidence and what is evidence has been defined in the indian evidence act, 1872 (act of 1872), to be referred in short as 'evidence act', as follows :--' 'evidence' : evidence means and includes --(1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;(2) all ..... claimed should be proportionate to the 'current rate of interest' available at the relevant time under provision of section 3 read with 2(b) of (the) interest act 1978, notwithstanding any agreement to the contrary and at any rate at a reasonable rate as opposed to exhorbitant one moreover, section 23 of contract act will also stand as a bar to such claim of rate of interest, being immoral and against public policy ..... the appellant approached the first appellate court challenging the legality and propriety of the judgment and order of the trial court raising several grounds along with a prayer for remanding the case for retrial in order to give an opportunity to the appellant to file written ..... 'proved' has the definition in the evidence act as follows :--''proved' : a fact is said to be proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.' 18 .....
Tag this Judgment!Court : Guwahati
..... the high court held that section 187 of the income-tax act applied only when a firm is reconstituted as per sections 31 and 32 of the indian partnership act, but when a firm is dissolved either by agreement of the partners or by operation of law and another firm takes over the business, that will be a case of succession governed by section 188 of the act, particularly in the absence of a contract to the contrary in the partnership deed stipulating for non-dissolution in the event of death ..... whatever be the legal consequence of one among the three or more partners dying or retiring, there can be no controversy that when one among the only two partners dies or retires, the partnershipde jure and de ..... the firm is not a legal entity, except in a very minor and limited sense for the purpose of the civil procedure code and the income-tax act, but is only a collective or compendious name ..... [1965]57itr510(sc) the supreme court dealt with the case of a partnership consisting of only two partners and the deed contained a contract to continue the partnership in the case of death of a partner by admitting the legal representatives or nominees of the deceased partner. ..... minors were not even admitted to the benefits of partnership and were not made liable for loss, that only four named persons constituted the partnership and hence there was no legal infirmity in the partnership deed. ..... every partner or legal representative of a partner shall be jointly and severally liable for the amount of tax .....
Tag this Judgment!Court : Guwahati
..... the appellate tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the income-tax officer : provided that an amendment which has the effect of enhancing an assessment ..... , for legitimate investment of the surplus funds, securities of the government of india or the government of assam, or other securities specified in clauses (a), (b), (c) and (d) of section 20 of the indian trusts act and to act as agents of co-operative societies for the purchase and sale of shares and securities. ..... the different high courts and the supreme court, the legal position that emerges is as follows : if the commissioner has not filed any appeal against the order of the appellate assistant commissioner under section 253 or has not filed any cross objection in an appeal filed by the assessee, the tribunal in exercise of its appellate power under section 254, cannot pass an order enhancing the tax ..... . under section 31, when the legislature thought of giving power to the appellate assistant commissioner to enhance ..... section 33(4), which relates to the powers of the tribunal, runs : (section 33(4) quoted above).section 33(4), unlike section 31(3), does not vest any power in the appellate tribunal to enhance the tax except ..... . but, when the matter comes before a judicial tribunal, by .....
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