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Hotel and Allied Trades (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271 and 271(1)

Reported in : [1996]221ITR619(Ker)

assessment years in question. Section 271(1)(c) read with the Explanation as it stood after the amendment by the Finance Act, 1964, with effect from April 1, 1964, the relevant portion reads as follows :'271. Failure to furnish returns, … proceedings under Section 147, the assessee filed another return on May 1, 1970. According to the Department, the concealment was not only in the first … the amendment of Section 271 in 1964. The Supreme Court after quoting the Explanation and the provisions of Section 28(1)(c) of the Indian Income-tax Act, 1922, considered the question whether the principles laid down by the Supreme Court

Commissioner of Income Tax (Additional), Lucknow Vs. Jeevan Lal Sah

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1) and 271(1)

Reported in : [1994]205ITR244(SC); 1995Supp(4)SCC247

question before the High Court was whether the Explanation to Sub-section (1) of Section 271, added by the Finance Act, 1964, with effect from April 1, 1964, makes any difference to the position of law obtaining till then, … the principles enunciated in Anwar Ali's case : [1970]76ITR696(SC) (SC)4. Anwar Ali's case : [1970]76ITR696(SC) (SC) dealt with Section 28(1)(c) of the Indian Income-tax Act, 1922. Section 28(1)(c), in so far as is relevant, read as follows :28.

Commissioner of Income-tax Vs. Dass Jewellers

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69A, 143, 144, 147, 256(2) and 271(1); Finance Act, 1964; Taxation Laws (Amendment) Act, 1975

Reported in : 100(2002)DLT318

the Finance Act, 1964.The following principles were enunciated in Anwar Ali's case : [1970]76ITR696(SC) :(a) the proceedings under Section 28 are penal in character.(b) It is for the Department to establish that the receipt of the amount in … observed :-'Section 271(1)(c) of the Income-tax Act, 1961, as originally enacted, was to the same effect. By the Finance Act, 1964, however, the word 'deliberately' occurring in Clause (c) was omitted and the Explanation aforementioned was added. The

Cit Vs. Dass Jewellers

Court : Delhi

Subject : Direct Taxation

Reported in : [2002]124TAXMAN702(Delhi)

by the Finance Act, 1964.The following principles were enunciated in Anwar Ali's case (supra) :(a) The proceedings under section 28 are penal in character.(b) It is for the department to establish that the receipt of the amount in … :'Section 271(1)(c) of the Income Tax Act, 1961, as originally enacted, was to the same effect. By the Finance Act, 1964, however, the word 'deliberately' occurring in clause (c) was omitted and the Explanationn aforementioned was added. The

Kesoram Industries and Cotton Mills Ltd. Vs. Commissioner of Income-ta ...

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 37(4), 45, 80J, 80K and 80M; ;Finance Act, 1970

Reported in : [1991]191ITR518(Cal)

place an effective check on lavish expenditure on maintenance of guest houses, Section 37(4) was inserted by the Finance Act, 1970, for disallowance altogether of expenditure incurred after February 28, 1970, on the maintenance of guest houses other than

Vishwakarma Industries Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Finance Act, 1964 - Sections 271(1); Income Tax Act, 1961 - Sections 271(1); Indian Income Tax Act, 1922 - Sections 28(1)

Reported in : [1982]135ITR652(P& H)

1. The true legislative intent in adding the Explanation to Section 271(1)(c) of the I.T. Act by the Finance Act, No. 5 of 1964, as also the nature and scope thereof is the core question which has necessitated … ratio of the judgment in CIT v. Anwar Ali : [1970]76ITR696(SC) (which had only interpreted the earlier predecessor Section 28 of the Indian I.T. Act, 1922) was not attracted, and, in any case, could no longer hold the

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

of certain exemptions: Section 10 (20A) and Section 10 (23) 24. Section 10(20A) had been inserted by the Finance Act, 1970, w.e.f. 01.04.1962; it exempted certain classes of income earned by housing boards, etc., and before deletion read as … could avail of tax exemption. In 1957, the settlor executed a supplementary deed making the trust irrevocable. On 28.07.1961 another supplementary deed was executed which directed that the trust’s surplus income (after defraying all expenses), should be

Commissioner of Income-tax Vs. Khem Chand Bahadur Chand

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 10(2); Income Tax Act, 1961 - Sections 37(1), 37(2), 37(2A) and 37(2B)

Reported in : [1981]131ITR336(P& H)

designedly on the indiscriminate allowance of such entertainment expenditure. The first of such restrictions was introduced by the Finance Act of 1961 (vide Section 6 of the Finance Act, 1961, with effect from April 1, 1962) in the … Part D dealing with 'profits and gains of business or profession' is particularly relevant. Therein the very first Section 28 provides for income which shall be chargeable to income-tax under the head 'Profits and gains of business or … Haryana and the Union territory of Delhi. For the relevant assessment year 1970-71, the ITO computed the total income of the assessee at Rs. 61,173

J. Sainsbury Plc. Vs. Oconnar (inspector of Taxes).

Court : Kolkata

Subject : Direct Taxation

Reported in : [1992]197ITR462(Cal)

relief, the option agreement was an 'arrangement' within the meaning of paragraph 5(3) of Schedule 12 to the Finance Act, 1973. If so, the taxpayer company would lose the benefit of group relief by virtue of section 28 … taxpayer company, J. Sainsbury Pic., can claim group relief under section 258 of the income and Corporation Taxes Act, 1970, in respect of trading losses of its subsidiary, Homebase Ltd., during the period 12 January, 1981 to 9

K. Krishnaveni Vs. Controller of Estate Duty

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 and 33(1)A;

Reported in : [1997]226ITR28(Mad)

Schedule Part I Part A, cl. (c) - Part B r. 2 as it stood before amendment by Finance Act, 1970 of the WT Act and WT Rules the Gujarat High Court held that the Tribunal was perfectly justified … us in the negative and in favour of the accountable person/applicant. No costs. Direct Taxation - deduction - Sections 28 and 33 (1) A of Income Tax Act, 1961 - whether Tribunal right in determining principal value