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Deputy Commissioner of Income Tax Vs. Verifone Software Systems (P)

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2003)84ITD521(Bang.)

..... levy of additional tax as penal in character and therefore prospective. assistance was taken from expln. 6 to sub-section (1) of section 271 of the act by direct tax laws (amendment) act, 1989, to the effect that wherein adjustment is made in the income or loss declared in the return under the proviso to clause (a) of sub-section ..... it stood at the time of the order of the tribunal. we cannot agree with this submission. we have to take notice of the amending act which has expressly given retrospective operation to the amendment and has further provided that the substituted provision shall be deemed to have always been in force. this view also receive support from the ..... 1)(a) in which the expression now used is 'assessed tax' and not 'tax payable'. this amendment has been made retrospective and the amending act further provides that it shall be deemed to have always been substituted. in view of this amendment, it is clear that the only answer that we can return to the question has to be in .....

Sri Jitendra Mohan Saxena, Mohan Vs. the I.T.O. (1)

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... shall not adopt such fair market value and shall take the full value of consideration to be the value adopted or assessed for stamp duty purposes. 37.4 this amendment will take effect from 1^st april, 2003 and will, accordingly, apply in relation to the assessment year 2003-04 and subsequent years.it clearly shows that the ..... effect from 1.4.2003.the intention of the legislature for introducing this section can be gauged from the explanatory notes to the amendment. for this purpose, we refer to the same as under: introduction.- by the finance act, 2002 (20 of 2002), a new section 50c has been inserted (with effect from 1.4.2003). the scope and effect ..... before any authority or court, the assessing officer may refer the valuation of the relevant asset to a valuation officer in accordance with section 55a of the income-tax act. if the fair market value determined by the valuation officer is less than the value adopted for stamp duty purposes, the assessing officer may take such fair market .....

Khanindra Nath Choudhury Vs. State of Assam and ors.

Court : Guwahati

..... a unit also ensures that upper ceiling limit of 50% is not violated. further, roster has to be post specific and not vacancy based.'96. the constitution (eighty first amendment) act, 2000 gives, in substance, legislative assent to the judgment of this court in r.k. sabharwal. once it is held that each point in the roster indicates a post ..... it may happen that the open competition channel may get choked if the entire cadre strength is taken as a unit. however, in r.k. sabharwal this court stated that the entire cadre strength should be ..... .10. in the case of m. nagaraj v. union of india reported in : air2007sc71 , the apex court observed thus:82. before dealing with the scope of the constitutional amendments we need to recap the judgments in india sawhney and r.k. sabharwal. in the former case the majority held that 50% rule should be applied to each year otherwise .....

Binani Industries Limited Vs. Assistant Commissioner of Commercial Tax ...

Court : Karnataka

Reported in : ILR2002KAR4751; [2003]129STC199(Kar)

..... before april 1, 1996 adopting the basis of 'taxable turnover' for levy of tax stand automatically validated by the validation clause at section 7 of the amendment act. (v) assessments if any completed by allowing the deductions of the amounts relatable to goods purchased from another registered dealer liable to tax, such assessments shall ..... if any, completed adopting the basis of 'taxable turnover' for levy of tax, stand automatically validated by the validation clause at section 7 of the amendment act. in all such cases, it would be in order for the assessing authorities to pursue action to realisation of the taxes levied by issuance of simple notices ..... by the assessing authorities and revisional authorities :'(i) section 5-c was substituted retrospectively with effect from april 1, 1986 by amending karnataka sales tax act, 1957 by karnataka taxation laws (second amendment) act, 1996. the newly substituted section 5-c provides for levy of tax on the 'taxable turn-over' in respect of .....

Sri Jayalakshmi Cloth Stores Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1985]155ITR425(AP)

..... it cannot be denied that on march 18, 1972, when the jurisdiction was assumed and proceedings for levy of penalty were initiated by the ito, the amendment by the taxation laws (amendment) act, 1970, has already come into force and the ito is the proper authority to levy the penalty in all cases where the income concealed did not exceed ..... tribunal rejected the contention of the assessee. the tribunal held that the present case is covered by the amendment which came into force on april 1, 1971, by the taxation laws (amendment) act, 1970. according to the amendment that came into force, power is conferred on the ito himself to levy penalty where the income concealed does not exceed rs. ..... holding that the income-tax officer had jurisdiction to levy the penalties for the assessment years 1969-70 and 1970-71, in view of the amendment to section 274(2) of the income-tax act, 1961 ?'2. for the income-tax assessment years 1969-70 and 1970-71, the ito made certain enquiries and came to the conclusion .....

A.P. Transco Vs. Sri Gowri Sankar Cable Industries and ors.

Court : Andhra Pradesh

Reported in : 2002(3)ALT134

..... import. section 11-b of the act was inserted by amendment act 4 of 1984. it is important to notice the statement of objects and reasons for amendment act 4 of 1984 which is in the following terms:one of the important policy measures adopted by the government to improve the competitive strength of industrial undertakings in the small ..... -section (4) of section 11-b, an industrial undertaking which fell within the definition of an ancillary or small scale industrial undertaking before the commencement of amendment act, 1984 continues to be regarded as an ancillary or small scale industrial undertaking until its definition is altered or superseded by any notified order made under sub- ..... in section 2(b) thereof. section 4 provides for the date from which and the rate at which interest would become payable.39. the 1993 act had undergone amendment by act 23 of 1998. section 5 provides for payment of compound interest. section 6 as originally stood is as follows:recovery of amount due:-- the .....

Ganeshilal and Sons Vs. Commissioner of Income-tax, U. P. and C. P.

Court : Allahabad

Reported in : [1947]15ITR1(All)

..... hence this reference.in order to appreciate the controversy between the parties, it is necessary to bear in mind the terms of section 4 of the income-tax act, as it stood before the amendment of 1939. that section, so far as it is material for the purposes of this reference, is as follows :-'4 (1) save as hereinafter provided ..... to the assessee from the cairo business under section 4 (2) of the indian income-tax act, 1922 (prior to its amendment in 1939), for assessment on the remittance basis, such expenses as are not admissible under section 10 (2) of the act are deductible from the gross profits in addition to those that are admissible under this section ?' ..... , this act shall apply to all income, profits or gains, as described or comprised in section 6, from whatever source derived, accruing or arising, or received in british .....

Udai Ram Sharma and ors. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : [1968]3SCR41

..... constitution. as shown above, there have been instances where the latter course had been adopted by the indian parliament in the past. section 4 of the amending act being within the legislative competence of parliament, the provisions thereof are binding on all courts of law notwithstanding judgments, orders or decrees to the contrary rendered ..... colourable or fraudulent exercise of legislative power. with regard to the question as to discrimination violative of art. 14, it goes without saying that whenever an amending act is passed, there is bound to be some difference in treatment between transactions which have already taken place and those which are to take place in the ..... between cases where the transaction was in the course of completion and those which had to be started after a particular date. on the whole the amending act seeks to improve the legislation which covered the field of acquisition of land. the legislature might have made more liberal provisions for improvement but it is .....

State of U.P. Vs. the Upper Jamuna Valley Electricity Supply Co. Ltd. ...

Court : Supreme Court of India

Reported in : AIR1981SC2236; JT2000(7)SC113; 2000(5)SCALE84; (2000)6SCC462; [2000]Supp1SCR411

..... . electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number of other electric companies challenged the constitutional validity of the amending act/ordinance. the challenge was, inter alia, on the ground that the rights under article 19(1)(f) and article 31(2) were being violated. it was also ..... in thana electric supply company's case it has been held as:15. as stated earlier, the principal controversy before the high court was whether the provisions of the amendment act, 1976, which scaled down, quite drastically, the measure of the recompense for the taking over of the company's undertaking, were violative of articles 14, 19(1 ..... )(f) and (g), and 31 of the constitution of india, as contended by the company, or whether the amending act of 1976 had the protection of and attracted the provisions of article 31c of the constitution rendering the law immune from assailment on the ground of violation of fundamental .....

U.P. State Electricity Board Vs. S. Saghir Valley Electricity Supply C ...

Court : Supreme Court of India

Reported in : 2000(5)SCALE95

..... . electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number of other electric companies challenged the constitutional validity of the amending act/ordinance. the challenge was, inter alia, on the ground that the rights under article 19(1)(f) and article 31(2) were being violated. it was also ..... in thana electric supply company's case it has been held as:15. as stated earlier, the principal controversy before the high court was whether the provisions of the amendment act, 1976, which scaled down, quite drastically, the measure of the recompense for the taking over of the company's undertaking, were violative of articles 14, 19(1 ..... )(f) and (g), and 31 of the constitution of india, as contended by the company, or whether the amending act of 1976 had the protection of and attracted the provisions of article 31c of the constitution, rendering the law immune from assailment on the ground of violation of .....