Court : Guwahati
..... the entries in the account books of the appellant company disclosed that the said amount was laid out or expended for the cultivation, upkeep or for maintenance of immature plants from which no agricultural income was derived during the previous year and therefore under explanation (2) to section 5 of the kerala agricultural income-tax act, 1950, no deduction was permissible. ..... state of kerala : [1973]91itr18(sc) relied upon by the learned senior counsel for the appellant the kerala high court had refused to direct the tribunal to submit the two questions relating to disallowance of rs. ..... the underlying purpose of the exercise outlined in sub-sections (2) and (3) of section 143 of the act is evidently to ascertain correctly the tax liability of the assessee and if for the said purpose, the assessing officer, for good reasons considers it necessary to issue a notice under section 143(2) in respect thereof, and the assessee produces evidence in support of his return, the assessing officer is obligated to consider the same and make further inquiries, if called for before making the final assessment of the total income to determine his tax liability. ..... ) dated march 10, 2003, issued by the ministry of finance and company affairs, department of revenue, central board of direct taxes, government of india. ..... 286/2/2003-it(inv. .....
Tag this Judgment!Court : Guwahati
..... in fact, action was initiated against the petitioner by the respondent corporation invoking the aforesaid provision of the agreement and it was at that stage, on the prayer made by the petitioner, this court passed an interim order on 08.04.04 providing that the respondent corporation would not institute any fresh criminal case against the petitioner for dishonour of cheques under the provision of the aforesaid act.7. ..... but the petitioner has chosen to file the writ petition in the year 2003 at a belated stage, when the petitioner has defaulted in making payment of the installments. ..... in the case of kerala state electricity board (supra) also the same view has been expressed by the apex court. ..... the total amount of finance assistance amounted to rs. ..... the petitioner entered into an agreement with the respondent corporation for availing financial assistance on certain terms and conditions which included finance for plants and machineries on hire purchase system. ..... bridge & roof company) 5)(1996) 5 scc 357 (orissa state finance corporation vs. .....
Tag this Judgment!Court : Guwahati
Reported in : II(2007)BC672
..... in fact, action was initiated against the petitioner by the respondent corporation invoking the aforesaid provision of the agreement and it was at that stage, on the prayer made by the petitioner, this court passed an interim order on 08.04.04 providing that the respondent corporation would not institute any fresh criminal case against the petitioner for dishonour of cheques under the provision of the aforesaid act.7. ..... but the petitioner has chosen to file the writ petition in the year 2003 at a belated stage, when the petitioner has defaulted in making payment of the installments. ..... in the case of kerala state electricity board (supra) also the same view has been expressed by the apex court. ..... the total amount of finance assistance amounted to rs. ..... the petitioner entered into an agreement with the respondent corporation for availing financial assistance on certain terms and conditions which included finance for plants and machineries on hire purchase system. ..... bridge & roof company) 5)(1996) 5 scc 357 (orissa state finance corporation vs. .....
Tag this Judgment!Court : Guwahati
..... . likewise, in the case of rohini panicker [1997] 104 stc 498, the kerala high court dealing with the term 'sale' and 'deemed sale' under the kerala general sales tax act, 1963 held that the lending of video cassettes to the members of the library amounts to transfer of right to use such goods for hire and the petitioner would come within the definition of 'dealer' and is liable to be taxed.23 ..... a return as required under section 16 or having furnished the return, fails to comply with all the terms of the notice issued under sub-section (3), the assessing officer may, to the best of his judgment assess the dealer and determine the tax payable by him on the basis of such assessment:provided that before making assessment the assessing officer may allow the dealer such further time as he thinks fit to furnish the return or to comply with the terms of the notice issued under sub-section (3).8. mr. o. p. bhati, ..... . [2003] 132 stc 217 (gauhati), the conditions of the contract clearly indicated that the petitioner had entered into an agreement/arrangement whereby the right to use all equipment for the purpose of oil logging and perforation was transferred to oil india on payment of rental charges ..... ., bengal finance (sales tax) act, 1941 and within the definition of 'sale' .....
Tag this Judgment!Court : Guwahati
..... . while i agree with the conclusions in the said decisions of the kerala high court, the madhya pradesh high court and the madras high court that the impugned amendment to section 143(1a) of the act substituted by the finance act, 1993, is constitutionally valid, with great respect to the brother judges who have rendered the aforesaid judgments, i am unable to persuade myself to take a view that the retrospective operation given to the impugned amendment by the finance act, 1993, is constitutionally valid.28 ..... and the allahabad high court, the union of india has filed special leave petitions before the supreme court, which are pending, but in the meanwhile, the legislature, in the finance act, 1993, has clarified the law by amending sub-section (1a) of section 143 of the act providing therein that additional income-tax is payable not only where the income as declared by the assessee is increased but also where the loss as declared by the assessee is either reduced or converted into income after adjustments made by the assessing officer in the intimation sent to .....
Tag this Judgment!Court : Guwahati
..... , promoter or developer builds a residential complex, having more than 12 residential units, by engaging a contractor for construction of such residential complex, the contractor shall be liable to pay "service tax" on the gross amount charged for the construction services provided, to the builder/promoter/ developer under "construction of complex" service falling under section 65(105)(zzzh) of the finance act, 1994.if no other person is engaged for construction work and the builder/promoter/developer undertakes construction work on his own without engaging ..... : [1993]204itr225(ker) , the kerala high court has held that a circular of the central board of direct taxes has the force of law and can even supplant the law in the cases, where it is beneficial to the assessee and has mitigated or relaxed the rigour of the law.39. ..... although there was no entry in the union list or the state list, which had authorised levy of 'service tax' till 2003, the central government had initially imposed such taxes by taking resort to powers under the residuary entry in the union list; but in the year 2003, the government moved a bill seeking constitutional amendments, which provided, formally, for levy on services by the central government. .....
Tag this Judgment!Court : Guwahati
..... order, the cwt had the following question referred for the opinion of the high court; ' whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the w.t. ..... (sc) , the supreme court observed as follows (page 463) :' furthermore, it is the finance act which fixes the rate of interest payable under sub-section (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the i.t. ..... act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the ..... in these circumstances, therefore, it is not within the competence of the ito to vary the rate of interest fixed by the finance act under sub-section (2) of section 220 from time ..... talukdar, learned counsel for the revenue, the kerala high court took, however, a contrary view, holding that the omission which had been made penal under the act, as it originally stood before the amendments, and which offence was complete on the expiry of the due date, had been, after the amendment, made into a continuing offence, an offence that repeated ..... ]108itr689(ker) , the kerala high, court no doubt held that after the amendment of section 18(1) by the w.t, (amend. .....
Tag this Judgment!Court : Guwahati
..... order, the cwt had the following question referred for the opinion of the high court; ' whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the w.t. ..... (sc) , the supreme court observed as follows (page 463) : ' furthermore, it is the finance act which fixes the rate of interest payable under sub-section (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the i.t. ..... act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the ..... in these circumstances, therefore, it is not within the competence of the ito to vary the rate of interest fixed by the finance act under sub-section (2) of section 220 from time ..... talukdar, learned counsel for the revenue, the kerala high court took, however, a contrary view, holding that the omission which had been made penal under the act, as it originally stood before the amendments, and which offence was complete on the expiry of the due date, had been, after the amendment, made into a continuing offence, an offence that repeated ..... ]108itr689(ker) , the kerala high, court no doubt held that after the amendment of section 18(1) by the w.t, (amend. .....
Tag this Judgment!Court : Guwahati
..... aggrieved by this order, the cwt had the following question referred for the opinion of the high court : "whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the w. t. ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act a amended by section 24 of the finance act of 1969 (hereinafter called "the 1969 amendment act").the assessee appealed to the aac of wealth-tax. ..... april 1, 1965 to march 31, 1969, was under section 18(1)(a)(i) of the act as amended by the 1964 amendment and for the period after april 1, 1969, under section 18(1)(a)(i) as amended by the 1969 amendment.an application having been made by the assessee for a reference, the tribunal has made this reference under section 27(1) of the act and has referred the following question to us for opinion :"whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the calculation of the penalty up to march 31, 1965, was to be made under section ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called the "1969 amendment").the assessee appealed to the aac of the wealth-tax. ..... pathummabi : [1977]108itr689(ker) , the kerala high court no doubt held that after the amendment of section 18(1) by the w.t. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Guwahati
Reported in : (1991)37ITD392(Gau.)
..... section 35b itself was introduced in the statute by the finance act 1968 with effect from 1 -4-1968 ..... ponnoave [1970] 75 itr 174 the hon'ble supreme court had occasion to deal with section 4 of the finance act, 1963 which was substituted by a new definition of "tax recovery officer" ..... stated earlier, the assessee claimed weighted deduction under section 35b which was introduced in the statute with effect from 1-4-1968 by the finance act 1968. ..... it was vehemently urged that the cit(a) in the present case went wrong in rejecting the assessee's claim relying on the decision of the tribunal on the issue regarding applicability or otherwise of the action of the cit under section 263.in that order the tribunal did not decide as to from which date the said rule would come into effect and, therefore, it was totally unjustified for the cit(a) not to grant the assessee the relief to which it was ..... that on the facts and in the circumstances of the case the learned cit(a)erred in holding that simultaneously with power given under the provisions of section 35(1)(b)(a)of the act to prescribe other activities for the promotion of sale outside india of goods, services or facilities the rule making authority was by implication also given the power to prescribe time limit for operation of the provisions of the said section. ..... the kerala government issued a notification dated 14-8-1963 which was published on 20-8-63 and authorised such revenue officers to exercise the powers of a tax recovery officer .....
Tag this Judgment!