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
..... 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
..... 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
..... , 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
..... , bimal bora) had, at first, sold the vehicle to one kiran sharma, who had got the vehicle registered in the state of arunachal pradesh without obtaining any 'no objection certificate' (as is required under the motor vehicles' act, 1988), from the 'financier', though it was the 'financier', who had financed the purchase of the vehicle by the hirer on the basis of the hire-purchase agreement aforementioned. ..... in a given case, therefore, when the offence of theft is alleged to have been committed by the person, who has provided finance under a hire-purchase agreement, the complainant must make out that (i) the accused, as financier, was not entitled to repossess the vehicle, (ii) the means employed by the financier to take possession of the vehicle were unlawful, and (iii) the taking away of the vehicle was without the complainant's consent.16. ..... , seeking quashing of the complaint proceeding, the case of the financier being that it was, on the strength of a hire-purchase agreement, that the vehicle had been purchased by the financier and as the complainant had failed to repay the loan in terms of the agreement between the parties, the financier had terminated the agreement and it was the complainant, who had surrendered the motor vehicle to the financier. ..... state of kerala and anr. .....
Tag this Judgment!Court : Guwahati
..... if a decision by any minister of any department involves financial implication for the state and no provisions, in this regard, have been made in the appropriation act, the department as well as its minister is bound to consult the finance department and if the finance department does not agree or does not give consent to such a decision, the decision will be without jurisdiction unless, in terms of the rules, appropriate authority, such as, the chief minister or the cabinet, as the case may be, approves the decision taken by the department concerned contrary to the decision or opinion of the finance department.23. ..... promises and application of this doctrine to the facts of the present case, may be summarized thus : where the government makes a promise knowing or intending that it would be acted upon by the promisee and, in fact, the promisee, acting upon the promise, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding the fact that there was no consideration for the promise and the promise was not recorded in the form of a formal contract as required by article ..... state of kerala and anr. ..... : (2003)iiillj1sc .13. ..... : (2003)iiillj1sc , state of orissa and anr. v. .....
Tag this Judgment!Court : Guwahati
..... after the close of the accounting period but before the due date for filling of the return of income and whether in such cases the assessees are entitled to relief under section 43b(b) of the act.2. ..... in all these appeals a common question of law raised is regarding interpretation of clause (b) of section 43b of the income-tax act, 1961, read with the second proviso to the said section and clause (va) of sub-section (1) of section 36 of the said act. ..... on consideration of the submissions and on perusal of the earlier decisions of this court we are not inclined to review the decisions in bharat bamboo and assam tribune and accordingly we hold that the decision of the above cases shall apply to the present appeals.6 ..... saraf appearing for the respondents, on the other hand, has submitted that in the meantime, the relevant proviso to section 43b(b) has been amended and the relevant words 'referred to in clauses (a), (c), (d), (e), or (f)' have been omitted with effect from april i, ..... saraf has placed reliance on the decisions of the constitution bench of the apex court in the cases of kolhapur canesugar works ltd. ..... bhuyan has also drawn our attention to a contrary decision of the hon'ble kerala high court in the case of cit v. ..... bhuyan appearing for the appellants has fairly submitted that no appeal/special leave petition against the above decision was preferred by the appellants as the amounts involved were small. ..... the above decisions were reiterated in the case of general finance co. v .....
Tag this Judgment!Court : Guwahati
..... the issuance of the notification under section 7 of the bihar finance act is by the state government in the finance department which notification is issued to carry out the objectives and the policy decisions taken in the industrial policy itself. ..... promises and application of this doctrine to the facts of the present case, may be summarised thus : where the government makes a promise knowing or intending that it would be acted upon by the promisee and, in fact, the promisee, acting upon the promise, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding the fact that there was no consideration for the promise and the promise was not recorded in the form of a formal contract as required by article ..... state of kerala reported in [1987] 65 stc 1 (sc) : [1986] suppl scc 728, that when the government makes an announcement promising to grant exemption from sales tax if specified industries are set up at specified place(s) within a specified date without, however, bringing out a corresponding notification granting exemption in terms of the relevant statute, the notification, which makes no reference to the provisions of the relevant statute, while making the announcement, would still be treated as a notification under the relevant provisions of the statute and the doctrine of promissory estoppel ..... state of assam [2003] 129 stc 479 (gauhati) (civil rule no. .....
Tag this Judgment!Court : Guwahati
..... to be noted that chapter vi-a was inserted by the finance act, 1965, with effect from april 1, 1965. ..... secondly, the order dated july 18, 1983 , passed by the supreme court amounts to affirmation of the order dated december 17, 1982, passed by the kerala high court and, therefore, the high court cannot entertain the prayer for review of ..... pursuance of the amendment, the state of kerala filed an application for review of the order passed by the kerala high court ..... ' by act 36 of 1986, the kerala private forests (vesting and assignment) act, 1971, ..... preferred by the state before the high court and the kerala high court dismissed the appeal. ..... : [2000]246itr278(ker) , a division bench of the kerala high court has considered rule 8 for the purpose of computation of business income liable to income-tax and held that rule 8 of the rules of 1962 refers to computation of income derived from the sale of tea grown and manufactured by a seller in india as if it were income derived from business and 40 per cent of such income is to be deemed to be income liable ..... state of kerala [1963] 48 itr , a constitution bench of the apex court was called upon to consider the question of the power of the state legislature to make a law in respect of taxes on agricultural income arising from ..... the state of kerala filed a petition for special leave to appeal under article 136 of the constitution, however, the petition was dismissed by an order dated july 18, 1983, stating that--'special leave petition is dismissed .....
Tag this Judgment!