Guwahati High Court

Addition for notional interest in absence of actual receipt not justified

Highways Construction Co Pvt Ltd Vs CIT (Guwahati High Court)

There is no finding of fact to the effect that actually the loan had been granted to the managing director or any other person on interest, or that interest had actually been collected and the collection of the interest was not reflected in the accounts....

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In absence or Provisions in Income Tax addition for Notional Interest not justified

B And A Plantations And Industries Ltd Vs Commissioner of Income-Tax (Guwahati High Court)

The case of the assessee is that they did not charge interest on that advance and in consideration of the same the assessee got the premises it a very low rent of rupees two per sq feet in a prime locality of Calcutta....

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Assessee cannot be held liable for non payment of TDS by deductor

ACIT Vs Om Prakash Gattani (Guwahati High Court)

It would not be possible to proceed to recover the amount of tax from the assessee. The assessee cannot be doubly saddled with the tax liability. Deduction of tax at source is only one of the modes. Once this mode is adopted and by virtue of the statutory provisions the person responsible ...

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CBI has no legal existence, Creation of CBI illegal – HC

Sh Navendra Kumar Vs Union of India & Another Respondents (Guwahati High Court)

(i) Whether ‘Central Bureau of Investigation’, popularly called CBI, is a constitutionally valid police force empowered to ‘investigate’ crimes? (ii) Could a ‘police force’, empowered to ‘investigate’ crimes, have been created and constituted by a mere Resolution of Ministry of Home Affairs, Government of India, in purport...

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Reopening for negligence / recklessness on the Part of A.O. not permissible

Commissioner of Income-tax Vs Sonitpur Solves Ltd. (Guwhathi High Court)

Since the present case did not suffer from non-disclosure or omission to disclose 'fully and truly' the facts by the assessee, the Assessing Officer could not have been held, and was rightly not held by the learned Tribunal, to have had the jurisdiction to re-open the assessment and make assessment as in the present case.In the present ca...

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Belated filing of return can be no ground for denying Income Tax refund

North Eastern Electric Power Corpn. Employees Provident Fund Trust Vs Union of India (Gawhathi High Court)

In the instant case, assessee a recognized trust invested its funds as per instructions of Government of India in various financial institutions and those institutions deducted tax at source from interest earned on fixed deposits. In order to claim refund of TDS erroneously deducted by the financial institutions, the assessee filed return...

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TDS on income not chargeable to tax should be refunded even if assessee files return belatedly

North Eastern Electric Power Corpn. Employees Provident Fund Trust Vs Union of India (Gauhathi High Court)

The petitioner trust, in this case, is also being deprived of a sum of Rs. 8,93,773 for which it cannot be blamed at all : it had no liability whatsoever to pay this amount to the Revenue. Yet, the Revenue has refused to refund the same by taking some hypertechnical view of the matter. If the petitioner-trust is being deprived of a sum of...

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‘Inkjet cartridges’ & ‘tonor cartridges’ are parts & accessories of computer systems & peripherals

Hewlwtt Packard India Sales Pvt Ltd Vs State of Assam And Others (Guwahati High Court)

Learned counsel for the petitioner submitted that the goods in question can be treated as parts or accessories of computer system or peripherals. As per clarification by the Commissioner also printer is a part of computer system and peripherals. The printer cannot be operated without inkjet cartridges or toner cartridges and thus the said...

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Interest on payment overdue from customer is deductible u/s. 80-IC

Commissioner of Income-tax, Guwahati-II Vs Universal Pipes (P.) Ltd. (Guwahathi High Court)

Considering the year during which the amount by way of interest from the trade debtor had been received by the assessee and has been treated as business income, it has to be held as derived from its undertaking, thus making it eligible for deduction under section 80-IC of the Act....

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Block assessments can be reopened U/s. 147/148

CIT Vs M/S Peerchand Ratanlal Baid (HUF) [Guwahati High Court]

The AO passed a block assessment order u/s 158BC by which he assessed the undisclosed income of the assessee at Rs. 24.37 L. Subsequently, he passed an order by which he added a further sum of Rs. 13.66 L to the said undisclosed income without issuing a notice u/s 148. The Tribunal allowed the appeal on the ground that the AO could not ha...

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