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Deputy Commissioner of Income Tax Vs. Indian Syntans Investments (P)

Court : Income Tax Appellate Tribunal ITAT Chennai

Subject : Direct Taxation

Reported in : (2007)103ITD457(Chennai)

to Sub-section (2) of Section 143, as it stood immediately before the amendment of said sub-section by the Finance Act, 2002 (20 of 2002) but before the expiry of the time-limit for making the assessment, reassessment or re-computation as … furnished in response to the notice under the said section were a return required to be furnished under Section 139. It is proposed to insert a proviso to Sub-section (1) so as to provide that where a return

Commissioner of Income Tax Vs. Smt. Lata Shantilal Shah

Court : Mumbai

Subject : Direct Taxation

Acts : Finance Act, 2002; Income Tax Act, 1961 - Sections 139, 153(1), 271 and 271(1)

Reported in : (2009)221CTR(Bom)778

until the expiry of the period aforesaid, no notice has been issued to him under Clause (i)...4. By Finance Act, 2002 w.e.f. 1st April, 2003, the words 'who has not previously been assessed under this Act' were omitted.5. We … in Sub-section (1) of Section 153 a return of his income which he is required to furnish under Section 139 in respect of any assessment year commencing on or after the 1st day of April, 1989, and until

Commissioner of Income Tax Vs. Aditya Chemicals Ltd. and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(a),2(24), 2(45), 3, 4, 4(1), 5, 6, 14, 22(1), 22(4), 23(1), 23(2), 34(2), 64, 72, 80, 139, 39(1), 139(2), 139(3), 148, 153(1), 260A, 271, 271(2) and 271A ; Finance Act, 2002; Income Tax Act, 1922 - Sections 2 and 28(1); Finance Act, 1988; Finance Act, 1951 - Sections 2(7)

Reported in : (2005)197CTR(Del)241; [2006]283ITR458(Delhi)

23(1), 23(2), 34(2), 64, 72, 80, 139, 39(1), 139(2), 139(3), 148, 153(1), 260A, 271, 271(2) and 271A ; Finance Act, 2002; Income Tax Act, 1922 - Sections 2 and 28(1); Finance Act, 1988; Finance Act, 1951 - Section 2(7)Cases

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(24), 17, 28, 41, 44, 45, 59, 80HHC, 139(1), 139(3), 143(1A), 143, 144, 147, 160(1), 256(2), 271, 271(1) and 280D; ;Taxation Laws (Amendment) Act, 1975; ;Finance Act, 2002 - Sections 271(1); ;Finance Act, 1993 - Sections 143(1A); ;Constitution of India - Article 141

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

have been concealed or inaccurate particulars have been furnished.'Section 271(1)(c) of the Act has been further amended by Finance Act, 2002, by which Clause (iii) and Expln. 4 has been modified. After the amendment section reads as follows :'(iii) … clearly includes profits, gains, dividends or other benefits derived only. Loss cannot possibly be termed as income. Under Section 139(1) of the Act, a person is required to furnish a return only if his total income during the

Commissioner of Income Tax Vs. Mrs. C. Malathy

Court : Chennai

Subject : Direct Taxation

Acts : Income-tax Act - Sections 139, 142(1), 143, 143(2), 147, 148 and 153(2); Finance Act, 2006; Finance Act, 2002

Reported in : (2008)214CTR(Mad)173

the expiry of twelve months as specified under Section 143(2) as it stood before the amendment under the Finance Act, 2002, but before making the assessment, every such notice shall be deemed to be a valid notice; in the … the time-limit prescribed for issue of a notice under Section 143(2) in respect of a return filed under Section 139 of the Income-tax Act or a return filed in pursuance to a notice under Section 142(1) of the

C.i.T. Vs. Kushal Bagh Minerals Pvt. Ltd. and ors.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2008)216CTR(Raj)269; [2009]310ITR125(Raj)

and the learned Tribunal held, that the provisions of Section 143 and 154 have been amended by the Finance Act of 1999, whereby, the provisions were modified, and prima facie adjustments, additional tax, and issue of limitation etc. … accordance with the provisions of this Section, along with the return of income filed under Sub-section (1) of Section 139 or along with the return of income furnished in response to the notice under Clause (i) of Section … Sections 234A, 234B and 234C. While, for the assessment years 2001-02 to 2002-03, the Assessing Officer taxed the assessee on book profit as per the

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

initiated or requisitions made on or after that date.12.4. The last amendment came to be made by the Finance Act, 2002 which has been explained in Circular No. 8/2002 dated 27.08.2002. The relevant extract of the said Circular reads … be reduced for determining the undisclosed income.(iv) Where returns of income have been filed under any Sub-section of Section 139 or in response to a Notice issued under Section 142(1) or under Section 148 but assessments have not

Commissioner of Income-tax Vs. Parmanand M. Patel

Court : Gujarat

Subject : Direct Taxation

Acts : Delhi Sales Tax Act, 1975 - Sections 56; ;Marriage Act 1955 - Sections 15(2); ;Finance Act, 2002; ;Income Tax Act, 1922; ;Constitution of India - Article 141; ;Karnataka Sales Tax Act, 1957 - Sections 22A; ;Income Tax Act, 1961 - Sections 2(43), 139(1), 139(2), 142(2A), 143(3), 148, 256(1), 263, 271, 271(1), 271A, 271B, 272A(2), 274 and 275; Income Tax Act, 1922 - Sections 3, 3(1), 7, 12, 12(3), 12(4), 12B (4), 13, 18, 18A, 22A and 28

Reported in : (2005)198CTR(Guj)641; [2005]278ITR3(Guj)

the Act, etc. 6.3 Inviting attention to the amendment made to Section 271(1) of the Act by the Finance Act, 2002 it was submitted that the said provision as it originally stood granted powers only to the Assessing Officer … ground that scrutiny of the assessment records showed that the Assessing Officer had failed to charge interest under Section 139(8) of the Act and had also not taken steps to initiate penalty proceedings under Section 271(1)(a) of the

Nayek Paper Converters Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2005)93ITD144(Kol.)

assessment determining the total income or loss, and the sum payable or refundable to the assessee. By the Finance Act, 2002, Section 143(2) and 143(3) has been amended to introduce a concept of limited scrutiny on and from 1.6.2002 as … and from 1.6.1999, the Sub-section (1) of Section 143 provides that where a return has been made under Section 139, or in response to a notice under Sub-section (1) of Section 142, if any tax or interest is

Mayawati Vs. Cit (Central-i) and ors.

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act - Sections 138, 139, 139(1), 142(1), 143(2), 143(3), 147, 148 to 153, 153(2) and 163; Finance Act, 1996; Finance Act, 2002; General Clauses Act, 1897 - Sections 27; Evidence Act - Sections 114; Negotiable Instruments Act, 1881; Constitution of India - Article 226

Reported in : (2009)222CTR(Del)117; 157(2009)DLT324; [2010]321ITR249(Delhi)

to Sub-section (2) of Section 143, as it stood immediately before the amendment of said Sub-section by the Finance Act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or recomputation … assessment year by reason of the failure on the part of the assessee to make a return under Section 139 or in response to a notice issued under Sub-section (1) of Section 142 or Section 148 or to