Court : Chennai
Reported in : (1984)43CTR(Mad)53
..... placed by the learned counsel upon the statement of objects and reasons in the bill for the introduction of the taxation laws(amendment) act, 1978, particularly in relation to the insertion of s. 37(2b) in the act, for contending that payments made for advertisement in souvenirs and brochures and the like published by political parties are disguised donations made ..... or brochure of the like published by the political party, it is this that has been prevented by the introduction of s. 37(2b) of the act. section 13a of the act was inserted by the taxation laws (amendment) act, 1+978, with effect from april 1, 1979, while s. 37(2b), which was omitted by the finance ..... act, 1976, with effect from april 1, 1977, was inserted again by the taxation laws (amendment) act, 1978, with effect from april 1, 1979. the assessment year with which we are concerned is 1973-74. taking that into account and the object .....
Tag this Judgment!Court : Chennai
Reported in : [2000]243ITR202(Mad)
..... before april 1, 1988, computation of advance tax excluded from the purview of the current income, capital gains and lotteries. however, by the direct tax laws (amendment) act, 1987, made applicable from april 1, 1988, both these items were included in the computation of the current income for the purpose of payment of advance tax ..... unfair and arbitrary were cited. it would be worthwhile to reproduce those instances from the decision. they are (page 779) :'(a) cases where retrospective amendments in the statutory provisions may have the effect of enhancing the income or reducing or otherwise disallowing relief or expenditure thereby increasing the levy under sections 234a, ..... giving some discretion to the authorities constituted under the act.sections 234a to 234c of the income-tax act, 1961, have been inserted in the act with effect from april 1, 1989. sections 234a to 234c replaced old provisions as is evident from the direct tax laws (amendment) bill, 1987. a plain reading of the statement .....
Tag this Judgment!Court : Chennai
Reported in : (2000)158CTR(Mad)79
..... to 219. before 1-4-1988 computation of advance tax excluded from the purview of the current income, capital gains and lotteries. however, by direct tax (amendment) act, 1987 made applicable from 1-4-1988 both these items were included in the computation of the current income for the purpose of payment of advance tax. ..... provisions being wholly unfair and arbitrary were cited. it would be worthwhile to reproduce those instances from the decision. they are :'(a) cases where retrospective amendments in the statutory provisions may have the effect of enhancing the income or reducing or otherwise disallowing relief or expenditure thereby increasing the levy under sections 234a, ..... giving some discretion to the authorities constituted under the act. ''sections 234a to 234c of the income tax act, 1961, have been inserted in the act with effect from 1-4-1989. sections 234a to 234c replaced old provisions as is evident from the direct tax laws (amendment) bill, 1987. a plain reading of the statement .....
Tag this Judgment!Court : Chennai
Reported in : (2008)215CTR(Mad)376
..... question, are substantially the same except that in place of the word 'income' in sub-clause (iii) to clause (c) of section 271 prior to its amendment by the taxation laws (amendment) act, 1975, the expression 'amount of tax sought to be evaded' have been substituted. explanation 4 inserted for the purpose of clause (iii) where the expression ' ..... the benefit under the above said provisions, cannot be regarded as false claim or furnishing inaccurate particulars. 11. in the decision of the supreme court reported in : [2007]292itr11(sc) (t. ashok pai v. cit), the supreme court held as follows:it is therefore, trite that if an explanation given by the assessee with regard ..... inaccurate particulars of his income.the said principle has been reiterated in virtual soft systems ltd. v. cit : [2007]289itr83(sc) , where it was held (see page 97 of 289 itr):24. section 271 of the act is a penal provision and there are well established principles for the interpretation of such a penal provision. such a .....
Tag this Judgment!Court : Chennai
Reported in : (2008)214CTR(Mad)403
..... question, are substantially the same except that in place of the word 'income' in sub-clause (iii) to clause (c) of section 271 prior to its amendment by the taxation laws (amendment) act, 1975, the expression 'amount of tax sought to be evaded' have been substituted. explanation 4 inserted for the purpose of clause (iii) where the expression 'the ..... income so as to come within the mischief of section 271(1)(c) of the income tax act. 9. the very same provision, namely section 80hhe of the act came to be considered by the supreme court in the decision reported in : [2007]292itr11(sc) (t. ashok pai v. cit). the supreme court in that decision held as ..... or furnished inaccurate particulars of his income.the said principle has been reiterated in virtual soft systems ltd. v. cit : [2007]289itr83(sc) , where it was held (see page 289 itr97 ):24. section 271 of the act is a penal provision and there are well established principles for the interpretation of such a penal provision. such a provision .....
Tag this Judgment!Court : Chennai
Reported in : (1986)53CTR(Mad)212; [1986]159ITR712(Mad)
..... is sought to be levied will be assessed to tax by the assistant commercial tax officer, madurai, in the light of the central sales tax act, 1956, as amended by the amending act of 1969....' 5. the supreme court gave liberty to the assessee to raise all contentions as to the liability to be assessed to tax in ..... binding decision the correctness of which was pending in appeal before the supreme court. the position of law, therefore, would be that notwithstanding the amendment made by the ordinance and the amendment act, in so far as the specific transactions in question were concerned, the order of the high court by which the revisional order of the ..... an ordinance came to be issued, called the central sales tax (amendment) ordinance, 1969, dated june 9, 1969. this ordinance was later replaced by the central sales tax (amendment) act, 1969. the effect of this amendment made originally by the ordinance and later by the act retrospectively was that tax on inter-state sale of goods became payable .....
Tag this Judgment!Court : Chennai
Reported in : [1983]144ITR890(Mad)
..... it was made, can be said to disclose, a mistake apparent from the record if the said order would be erroneous in view of a subsequent amendment made by the amendment act when the amendment act is intended to operate retrospectively ' in dealing with this question the supreme court observed as follows (p 146 of 34 itr) : 'in deciding ..... the imposition of penalty and that, therefore, the levy of penalty could not be sustained. thereafter, section 271(1)(a) of the act was amended by s. 13 of the direct taxes (amendment) act, 1974. the amendment was made retrospectively with effect from april 1, 1962. thereupon, the ito filed m. p. no. 15/76-77 before the ..... any assessment proceedings in respect o the assessee income for a period subsequently to the 1st of april, 1952, were pending at the time when the amendment act was passed, the proviso inserted by section 13 would govern the decision in such assessment proceedings, but where an assessment proceedings has been completed and an assessment .....
Tag this Judgment!Court : Chennai
Reported in : [1984]149ITR311(Mad)
..... even if the levy of penalty is justified on the facts of the case, the penalty should be levied on the basis of the provision before its amendment by the direct taxes (amendment) act, 1974. on the question as to whether the assessee had given sufficient explanation for the delay, the tribunal found that though the explanation given by the ..... court refereed to the fact that on the common question the judgment has been delivered by the supreme court on march 29, 1972, long before the passing of the amending act and, therefore, the main question in the case of standard vacuum refining company should be taken to have been decided by the supreme court on march 29, 1972, ..... this case. 11. as already stated, the object of s. 22 is to see that the decision rendered by the supreme court should be given credence and the amending act will not have any effect on those decisions. therefore, the substantial point to be considered here is whether the assessee's case was the subject matter of any decision .....
Tag this Judgment!Court : Chennai
Reported in : 1996(2)CTC483
..... it was served on the petitioners on 5.10,1986. according to the respondents, the award has been passed within two years from the date of commencement of the amendment act and hence, the statutory condition regarding the passing of the award has been fully complied with on the facts of the case. learned counsel for the petitioners placed ..... all cases. learned government advocate pointed out that the land acquisition (amendment) act, 1984 came into effect on 24.9.1984 and the award passed on 23.9.1986 was well within the time. according to the learned government advocate the ..... no award was passed as regards survey no. 9/2, and since the award was not passed within two years from the date of commencement of the land acquisition (amendment) act, 1984, (he entire acquisition proceedings would lapse).7. learned government advocate produced before me the file and contended that the award was passed on 23.9.1986 in .....
Tag this Judgment!Court : Chennai
Reported in : (2010)229CTR(Mad)57
..... diligence have been discovered by the ao will not necessarily amount to disclosure within the meaning of this section.22. after the aforesaid amendment under act 4 of 1988, yet another amendment was made by direct tax laws (amendment) act, 1989 and the words 'for reasons to be recorded by him in writing, is of the opinion', appearing in the first line ..... fiction in section 147 under expln. 1. but the import of the same was not so much as it is under expln. 2 inserted after the amendment. prior to the direct tax laws (amendment) act, 1988, section 147 reads as follows:section. 147. income escaping assessment-lf--(a) the ao has reason to believe that, by reason of the ..... division bench of the delhi high court and another of the division bench of this court. in klm royal dutch airlines v. asstt. director of it : (2007) 208 ctr (del) 33 : (2007) 292 itr 49 (del) relied upon by the learned counsel, a notice under section 148 was issued on the ground that the income earned by rendering technical .....
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