Court : Guwahati
..... plantations, air 1969 sc 930, wherein the word 'produce' was examined, as it appeared in the definition of 'dealer' given in section 2 (viii) of the kerala general sales tax act, 1963. ..... according to shri das, this was beyond the competence of the governor of assam, in whose name the levy order has been issued under section 3 of the essential commodities act, 1955 (for short, the act), on being authorised to do so by the central government, whose delegation order is at annexure b. ..... therein it was stated that the intention in employing the word 'produce' was obviously to introduce an element of volition and effort involving the employment of some process for bringing into existence the goods. ..... clause (f) of section 3(3) of the act has been specifically mentioned, the contention of shri das is that this clause, even as amended in 1976, would not take within its fold the huskers.6. ..... i have been first referred to certain decisions, namely, air 1972 all 401 and air 1976 orissa 138, which have held that the delegation order cannot be read to have conferred the general power of section 3(1) of the act also. ..... this is a division bench case and has examined the ambit of clause (f) after its amendment in 1976. .....
Tag this Judgment!Court : Guwahati
..... and/or natural gas' are taxable under that act; and there is no dispute that the petitioner paid tax on purchase of wax; that under section 6(1) of the act the provisions of the act shall not apply to the sale of goods taxable under the petroleum taxation act and hence wax candles being the same as wax, the candles are not taxable under the act; that under section 3(4) of the petroleum taxation act, the tax under sub-section (1) thereof shall be levied at the stage of first sale of the taxable goods in assam; and that there ..... pio food packers [1980] 46 stc 63 (sc), where pineapple fruit was processed into pineapple slices for the purpose of being sold in sealed cans, it was held that there was no consumption of the original pineapple fruit for the purpose of manufacture and the case did not fall within section 5a(1)(a) of the kerala general sales tax act, 1963. ..... of production has expanded and workmanship and art have advanced, now nearly all artificial products of human industry, nearly all such materials as have acquired changed conditions or new and specific combinations, whether from the direct action of the human hand, from chemical and mechanical processes devised by human skill, or by the employment of machinery, are commonly called manufactured products. ..... it is to be judged on facts of each case, the nature of process employed, the results achieved, prevailing business and commercial notions of the people. .....
Tag this Judgment!Court : Guwahati
..... : [1971]82itr913(sc) , make it more than abundantly clear that a circular, issued by the central board of direct taxes, is binding on all officers and persons employed in the execution of the act, whereunder the circular may have been issued, even if the circular deviate from the provisions of the act. ..... commissioner of income-tax : [1971]82itr913(sc) that circulars issued by the cbdt under section 119 of the act are binding on all officers and persons employed in the execution of the act even if they deviate from the provisions of the act....41. ..... employing direct labour or petty labour contractors whose total bill does not increase 4.0 lacs in one financial year in a case where the builder, 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 ..... : [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. .....
Tag this Judgment!Court : Guwahati
..... madhubala shrenik kumar : [1990]181itr180(mp) has taken a somewhat similar view as has been taken by the kerala high court by making the following observations (head-note) : 'the words 'technical or professional qualifications' occurring in the first part of the proviso to section 64(1)(ii) of the income-tax act, 1961, do not necessarily relate to the technical or professional qualifications acquired by obtaining a certificate, diploma or a degree or in any other form, from a recognised body like a university or an institute. ..... held, that, in the instant case, the tribunal had found that the husband of the assessee had requisite experience as a salesman, that the firm in question was entirely dependent upon the salesmanship of the husband of the assessee as the firm had not employed any other salesman and that the amount of salary paid to the husband of the assessee by the firm was for his professional experience which was utilised by the firm in the conduct of the business of the firm. ..... gogoi, learned counsel for the assessee, we are of the firm view that neither the andhra pradesh high court nor the madhya pradesh high court, or the kerala high court has held that the court cannot insist on the production of certificate, degree or diploma even if the nature of employment of the spouse is of a highly technical nature. .....
Tag this Judgment!Court : Guwahati
Reported in : (1997)139CTR(Gau)64
..... 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head profits and gains of business or profession.40a(9) no deduction shall be allowed in respect of any sum paid by the assessee as an employer towards the setting up or formation of, or as contribution to, any fund, trust, company, aops, bois, society registered under the societies registration act, 1860 (21 of 1860), or other institution, for any ..... 7 of this act or in the assessment under the indian it act :provided further that in cases of agricultural income from cultivation and manufacture of tea, the agricultural income for the purposes of this act shall be deemed to be that portion of the income from cultivation, manufacture and sale which is agricultural income within the meaning of the indian it act, 1922 (xi of 1922) and shall be ascertained by computing the income from the cultivation, manufacture and sale of tea as computed for indian income-tax from which shall be deducted any allowance by this act authorised ..... the very language also appears verbatim in the kerala agrl. ..... 5(j) of the kerala agrl. ..... 5(j) of the kerala agrl. ..... 5(j) of the kerala act, of 1950, the same as s. .....
Tag this Judgment!Court : Guwahati
..... 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head profits and gains of business or profession.40a(9) no deduction shall be allowed in respect of any sum paid by the assessee as an employer towards the setting up or formation of, or as contribution to, any fund, trust, company, aops, bois, society registered under the societies registration act, 1860 (21 of 1860), or other institution, for any ..... 7 of this act or in the assessment under the indian it act :provided further that in cases of agricultural income from cultivation and manufacture of tea, the agricultural income for the purposes of this act shall be deemed to be that portion of the income from cultivation, manufacture and sale which is agricultural income within the meaning of the indian it act, 1922 (xi of 1922) and shall be ascertained by computing the income from the cultivation, manufacture and sale of tea as computed for indian income-tax from which shall be deducted any allowance by this act authorised ..... the very language also appears verbatim in the kerala agrl. ..... 5(j) of the kerala agrl. ..... 5(j) of the kerala agrl. ..... 5(j) of the kerala act, of 1950, the same as s. .....
Tag this Judgment!Court : Guwahati
..... the very language also appears verbatim in the kerala agricultural income-tax act, 1950, and the supreme court on consideration of the said provisions had said 'we see no reason whatsoever why the principles that apply to the interpretation of section 37 of the income-tax act, 1961, should not apply to the said section 5(j) of the kerala act of 1950, the same as section 8(2)(f)(vii) of the present act of 1939. ..... regarded man as an economic being concerned only to protect and advance his self-interest but in the context of current socio-economic thinking which places the general interest of the community above the personal interest of the individual and believes that a business or undertaking is the product of the combined efforts of the employer and the employees and where there is sufficiently large profit, after providing for the salary or remuneration of the employer and the employees and other prior charges such as interest on capital, depreciation, reserves, etc. .....
Tag this Judgment!Court : Guwahati
..... , the provisions of the agst act, 1993, may be applicable and the meaning of the word 'manufacture', as defined in section 2(22) of the assam general sales tax act, 1993 (hereinafter referred to as 'the agst act, 1993'), may be resorted to, yet when the sale takes place, in the course of inter state trade or commerce, such a sale is covered by the central sales tax act, 1956, and since the word 'manufacture' has not been defined either in the scheme of 1995 or in the central sales tax act, 1956, the definition of manufacture, for the purpose of exemption of central sales tax, shall be determined on the ..... relying on the decisions pertaining to the meaning of the word 'manufacture', particularly, under the excise act, the respondents opposed the appeal before the supreme court on the ground that since no new product emerged from the process employed by the appellants, there was no manufacture. ..... in state of kerala v. .....
Tag this Judgment!Court : Guwahati
..... commissioner of income-tax : [1972]83itr484(ker) , the kerala high court was of the view that relevant consideration is whether the assessee's accounts are maintained according to the method regularly employed by him, whether such method is correct and complete and whether income can be properly computed from the accounts. ..... 20,51,718 to the profits of the appellant on the only premises that the percentage of brokerage was reasonably estimated by the assessing officer on the basis of the prevailing practice in the recognized stock exchange, without giving a specific finding that the accounts of the appellant were not correct and complete and/or that the income cannot be properly deduced from the accounting method employed by the appellant? ..... commissioner of income-tax 26 itr 775, the hon'ble supreme court was of the view that income-tax officer is not fettered by technical rules of evidences and pleadings, and he is entitled to act on material which cannot be accepted as evidence in course of law. ..... this appeal under section 260a of the income-tax act, 1961 has been preferred challenging the order date 31.5.2002 passed by the income-tax appellate tribunal, guwahati bench in i.t.a. no. ..... the learned tribunal had acted upon a sweeping remark made by the departmental representative that no share ledger showing scrip-wise gain or loss for secondary market transactions was produced before the assessment officer.12. ..... in fact, he had accepted the same and acted upon. .....
Tag this Judgment!Court : Guwahati
..... whereas in the former case in view of section 29(1) of the indian partnership act, the assignee gets no right or interest in the main partnership, except, of course, to receive that part the profits of the firm referable to the assignment and to the assets in the event of dissolution of the firm in the latter case, the sub-partnership acquires a special interest in the main partnership. ..... but, in the context of section 22 of the it act, having regard to the ground realities and further having regard to the object of the it act, namely, 'to tax the income', we are of the view, 'owner' is a person who is entitled to receive income from the property in his own right.17. ..... if for the purpose of contribution of his share of the capital in the firm the karta brought in monies out of the till of the huf, then he must be regarded as having entered into the partnership for the benefit of the huf and as between him and other members of his family he would be accountable for all profits received by him as his share out of the partnership profits and such profits would be assessable as income in the hands of the huf.what are the facts here here was the huf of which b.k. ..... bhuyan contended that the words employed in a taxing statute have to be read as they are according to grammatical meaning. ..... state of kerala : [1957]1scr837 ; j.k. .....
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