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Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Punjab and Haryana High Court pertaining to the assessment year 1970-71 was prior to the amendment of Finance Act, 1975 and therefore, was not applicable. For the same reason, the decision of this Court in affirming the … is the same.2. Facts are taken from Civil Appeal No. 7115 of 2005.Commissioner of Income Tax, Delhi-I, the respondent herein, filed ITA No. 340 of … filed by the Revenue and held that the Tribunal was not right in deleting the penalty imposed under Section 271(1)(c) of the Income Tax Act, 1961 (for short 'the Act') merely on the ground that the total income

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Direct TaxationConstitution

Acts : Income Tax Act, 1961 - Sections 30(2), 80HHC, 90, 139, 143(1), 143(2), 144, 147, 148, 158B, 162, 164(2), 234A, 240, 256(1), 256(2), 260A, 269SS, 270, 271, 271(1), 271(1B), 271(5), 271D, 273, 273(2), 273B, 274, 275, 276C; Finance Act, 2008; Direct Tax Laws (Amendment) Act, 1987; Direct Tax Laws (Amendment) Act, 1989; Income Tax Act, 1922 - Sections 22(1), 22(2), 23, 28, 28(1), 28(2), 28(6) and 34; Finance Act, 1964; Taxation Laws (Amendment in Misc. Provisions) Act, 1986; Wealth Tax Act; Haryana Civil Services (Executive Branch) and Allied Services and Other Services, Common/ Combined Examination Act, 2002; Bombay Sales Tax Act, 1959; Maharashtra Tax Laws (Levy, Amendment and Repeal) Act, 1989 - Sections 26; Army Act, 1950; Bombay Sales Tax Rules; Army Rules; Constitution of Ind

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

vires the Constitution of India. The impugned provision which was brought on to the statute book by the Finance Act, 2008 with retrospective effect from (w.r.e.f.) 01.04.1989, has resulted in a grievance in so far as the petitioners/assessees … ITR 548 and State Bank Staff Union (Madras Circle) v. UOI : 2005 (7) SCC 584. We may only observe that the position of law … Rajiv Shakdher, J1. The captioned writ petitions lay challenge to the provisions of Section 271(1B) of the Income Tax Act, 1961 (hereinafter referred to as the =Act) on the ground that it is

Union of India (Uoi) and ors. Vs. MartIn Lottery Agencies Ltd.

Court : Supreme Court of India

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 9(1), 65, 65(19), 65(50), 65(105), 66, 68 and 271; Finance Act, 2003 - Sections 65 and 65A; Finance Act, 2008; Finance Act, 1983; Lottery (Regulation) Act, 1998 - Sections 4; Sale of Goods Act, 1930 - Sections 2 and 2(7); Central Excise Act, 1944 - Sections 2; Income-tax Act - Sections 22; Constitution of India - Articles 19, 162, 245 and 246, 268A and 298

Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301; [2009] 7 SCR 946

tickets would be exigible to `Service Tax' within the meaning of the provisions of Section 65(105) of the Finance Act, 1994 (hereinafter called and referred to for the sake of brevity as `the Act') is the question involved … Systems Ltd. v. Commissioner of Income Tax, Delhi-I : [2007]289ITR83(SC) , a Bench of this Court has held:24. Section 271 of the Act is a penal provision and there are well-established principles for the interpretation of such a … situation.In W.P.I.L. Ltd., Ghaziabad v. Commissioner of Central Excise, Meerut, U.P. : 2005(181)ELT359(SC) , whereupon again Mr. Parasaran placed strong reliance, this Court, while dealing

Cit Vs. Dowager Maharani Residential Accommo and ors.

Court : Rajasthan

Subject : Direct Taxation

Reported in : (2008)217CTR(Raj)497

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 … in exactly identical circumstances.2. Appeal Nos. 94, 99, 100, 101, 131 of 2005, and Appeal No. 1/2006 arise out of the common order of the … initiate any action under Section 147, 148, much less with flowing consequences, enumerated in Section 234B, and even Section 271(1)(c), as has been ordered by the learned Assessing Officer.15. Before proceeding further, we may notice that the provisions

Dewan Chand Amrit Lal Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Subject : Direct Taxation

Reported in : (2006)98ITD200(Chd.)

The following Clause (d) shall be inserted after Clause (c) of Sub-section (1) of Section 271 by the Finance Act, 2005, w.e.f. 1st April, 2006: (d) has concealed the particulars of the fringe benefits or furnished inaccurate particulars of

Bpl Sanyo Finance Ltd. Vs. the Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2007)290ITR80(Bang.)

(SGCI Rolls) leased to Bellary Steel and Alloys Ltd. (BSAL).2. The assessee company is carrying on business of finance and leasing of equipment. During the financial year relevant to asst. year 1997-98, BSAL was planning expansion of … CIT(A)-VI, Bangalore dated 4.6.2004 in an Appeal against levy of penalty Under Section 271(1)(c) of the Income Tax Act, 1961 The Act.The only issue in appeal is regarding levy of penalty Under Section 271(1)(c) of the Act

Assistant Commissioner of Income Vs. Suretech Hospital and Research

Court : Income Tax Appellate Tribunal ITAT Nagpur

Subject : Direct Taxation

Reported in : (2006)104TTJ(Nag.)869

learned Counsel. Respectfully following the judgments cited above and Expln. 4 to Section 271(1)(c) which was amended by Finance Act, 2002, I am of the opinion that the said amendment is applicable from 1st April, 2003. The provisions … the Nagpur Bench ITA No. 12/Nag/2004 in the case of Mehta Cast Iron (P) Ltd., Nagpur dt.23rd Sept., 2005 and also 11/Nag/2004 Asstt. CIT v. Parashwa Engg. (P) Ltd. and it was stated that in the penalty

income-tax Officer Vs. Budge Budge Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (2006)100ITD387(Kol.)

in which it has been held that Clause (iii) of Explanation 4 to Section 271(1)(c) as amended by Finance Act, 2002, are applicable prospectively and do not apply the relevant assessment year 1985-86 and, therefore, in the absence … Co. and the decision of the Tribunal in Dy. CIT v. EIH Ltd. [IT Appeal No.283 (Kol.) of 2005, dated 8-8-2005] for the assessment year 1998-99.He, therefore, submits that the penalty imposed by the Assessing Officer be

Tarlochan Singh and Sons (Huf) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Subject : Direct Taxation

Reported in : (2008)114TTJ(Asr.)82

were made before the authorities below. He drew our attention to proviso to Section 275(1)(a) inserted by the Finance Act, 2003, w.e.f. 1st June, 2003 as per which order for imposing penalty shall be passed before the expiry … against the order of the CIT(A) before the Tribunal. The Tribunal vide its consolidated order dt. 10th June, 2005 in ITA Nos. 404 to 407/Asr/2003 for the asst. yrs. 1997-98 to 2000-01 set aside the consolidated order … law and on facts in confirming the levy of penalty under Section 271(1)(c). 2. That on law and on facts and in the circumstances of

Sri T. Ashok Pai Vs. Commissioner of Income Tax, Bangalore

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act - Sections 271, 271A, 271(1) and 271(1)(C); Wealth Tax Act; Finance Act, 1975

Reported in : (2007)210CTR(SC)259; [2007]292ITR11(SC); JT2007(8)SC525; 2007(8)SCALE354; (2007)7SCC162

the quantum of penalty.28. The provisions of Section 271(1)(c)(iii) prior to 1.4.1976, and after its amendment by the Finance Act, 1975 with effect from 1.4.1976, later provisions being applicable to the assessment year in question, being substantially the