Court : Kolkata
Reported in : (1976)5CTR(Cal)180
..... and perhaps impossible to define in any precise general formula. it was a word of widest connotation. the indian income-tax and excess profits tax (amendment) act (act xxii of 1947) which amended the indian income-tax act, 1922 by enlarging the definition of the term 'income' in section 2 (6-c) so as to include capital gain and adding a new ..... were made by the supreme court in an appeal from the decision in a reference under the indian income-tax act, 1922 and supreme court was concerned with the vires of the indian income-tax and excess profits tax (amendment) act. it is now well settled that the supreme court is not competent to decide the question of vires in an ..... appeal from a reference under the income-tax act. reliance was placed on the decision of the supreme court in the case k. s .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)187CTR(Cal)113
..... of tea processed and manufactured and not out of the profit of growing tea which is subject to agrl. it act outside the scope and purview of the act.34. therefore, sub-section (4b) introduced through amendment under the finance act, 1999, is clarificatory in nature. therefore, its wres with regard to its retrospectivity would not be hit by ..... under section 80hhc, the amount of income not being charged to tax under the act shall in no case be eligible for deduction under the section. the amendment shall be effective retrospectively from the 1st day of april, 1992.' 6. whether the amendment is clarificatory in nature, whether the intent of the legislature expressed in the statute ..... of sub-section (4b), therefore, in order to determine the vires of the amendment, it is necessary to examine the impact of rule 8 r/w section 2(1a) of the act. inasmuch as the retrospectivity can be saved if the amendment is clarificatory, seeking to clarify the intent of the legislature already expressed in the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)45ITD22(Kol.)
..... have been made after april 1, 1988, and have gone to increase the book profits in any year when the provisions of section 115j of the income-tax act were applicable. this amendment will take effect from april 1, 1988, and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent years. (clause 19)." 42. ..... year. interestingly, the department was aware of this position as can be seen from the memorandum explaining the amendment introduced by the finance act, 1989. at para 9.6 above (see page 191 supra), we have set down the amendment providing for the adjustment of amounts transferred from the book profit to any reserve in computing the book profit. ..... tax system more progressive, a new chapter xiib is proposed to be inserted in the income-tax act. under the proposed amendment, in the case of any company whose total income as computed under the other provisions of the income-tax act in respect of any previous year is less than 30 per cent, of its book profit, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD15(Kol.)
..... of gordhandas govindram family charity trust v. cit [1973] 88 itr 47. considering the language of clause (c) of section 80l(1) as it stood before the amendment inserted by the taxation laws (amendment) act, 1984, the tribunal in that case further held that the assessee was entitled to relief even as an aop under section 80l(1)(c). in the case of ..... to be taxed in the hands of the assessee 38. the gujarat high court considered the provisions of section 164 as it stood before the amendment introduced with effect from 1-4-1970 by the finance act, 1970. section 164 which was considered. by the gujarat high court was as follows : 164. where any income in respect of which the persons ..... ) and that the first proviso to section 164(1) was not attracted in this case. it was pointed out that as a result of the amendment introduced in section 164(1) by the finance (no. 2) act, 1980 with effect from 1-4-1980 the words "tax shall be charged - (i) as if the relevant income or part of relevant income .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]107ITR123(Cal)
..... in such undertaking the indian parliament seems to have been motivated in introducing section 15c to the indian income-tax act, 1922, the same was inserted by section 13 of the taxation laws (extension to merged states and amendment) act, 1949. the said section as introduced in 1949 provided as follows :'15c. exemption from tax of newly ..... account for computing the capital employed in cases to which the explanation to section 84 applies.' 10. as a result of the amendment effected by the finance (no. 2) act, 1967, these amendments in section 84 were effective for the prescribed period and from 1st april, 1968, section 84 stood repealed and section 80j was introduced ..... is only the indication how the rule-making authority understood the expression 'capital employed.' in section 15c of the indian income-tax act, 1922, and section 84 of the act of 1961, before its amendment in 1967.13. the main consideration upon which, in my opinion, this question has to be resolved is, whether having regard .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)267ITR1(Kol.)
..... of aop, boi and their members (refer to items, 5, 7 and 11 of the table given in para 2.3 ante). the combined effect of the amendments made by the amending act, 1987 and the amending act, 1989 in this respect is as follows : (i) a new clause (ba) has been inserted in section 40, which disallows deductions for any interest or ..... the maximum marginal rate. this new section 167a has, however, been omitted by the amending act, 1989, which has withdrawn the new scheme of taxation of firm and partners (refer to item 14 of the table given in para 2.3 ante). 11.2. insertion ..... higher than the maximum marginal rate, then the entire income of the association or body would be taxed at such higher rate. note : it may be clarified that the amending act, 1987, substituted the old section 167a relating to taxation of certain aop at the maximum marginal rate by a new section 167a, which provided for taxation of firms at .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal451
..... proper order for the court would have been an order for dismissal under the provisions of section 8-b(3), court-fees act, as amended in bengal by act 7 of 1935 and not an order rejecting the plaint under the provisions of order 7, rule 11, civil p.c. ..... of 8. 7 shall not be deemed to be a question relating to valuation.5. on the section as it stood before its amendment by act 7 of 1935 (b.c.), there was a series of decisions in which the view was maintained that section 12 had no application ..... 4. this paragraph stood in the same form since 1870. it is only para. 2 that has been amended in bengal by the act 7 of 1935. by the same act (bengal act, 7 of 1935) an explanation was added to the section. the explanation is in these terms:for ..... by which the amount of court-fees payable had been determined and also the order of 5th february 1937 by which her application for amendment of the plaint had been refused. on the next day, viz., on 6th april, she made an application to the learned subordinate .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]38CompCas603(Cal),72CWN618
..... arriving at the net profits of that year or any subsequent year preceding the year in respect of which the net profits have to be ascertained. 'after the amendment act of 1960 these provisions run thus :' in making the computation aforesaid, the following sums shall be deducted :-- (1) the excess of expenditure over income, which ..... have to be ascertained.' 3. it appears that the language of section 349(4)(1) has been subsequently altered by the amendment act of 1960 and the judicial committee has said that when an amending act alters the language of the principal statute, thealteration must be taken to have been made deliberately : d.r. fraser and company ..... was drawn to clause (1) of section 349(4) of the companies act, 1956.the provisions in the said clause were substantially modified by the amendment act lxv of 1960. we should, therefore, look into the original provisions and then consider the amendments effected.now section 349 deals with determination of net profits for the purpose of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal536
..... west bengal government an entertainment tax has been imposed on all free or complimentary passes or tickets. this statute is the west bengal amusement tax (amendment) act, 1949, being west bengal act 11 of 1949. the defendant company contends that such entertainment tax has to be paid by the plaintiff and the defendant company and its receivers who ..... cinema performance as provided for in the said lease except on receiving from the plaintiff the amount of taxes levied by the west bengal amusement tax (amendment) act, 1949, being west bengal act 11 of 1949? 3. in case the defendant company has committed breach of covenant is it entitled to any relief against forfeiture? 4. to what ..... and sacred obligations to be discharged and apply such remedies as the law provides in the case of breach of either. the court does not make a competitive preference between a breach of a statute and a breach of contract. the statute however may make the contract illegal in which event no court can require its .....
Tag this Judgment!Court : Kolkata
Reported in : 1950CriLJ169
..... have appeared to show cause through the advocate-general. he baa produced in each cage an order for detention made under section 2, bengal criminal law amendment act, 1930, (bengal act vi [6] of 1930) and he claims that all the detained persona with the exception of sitanatb. das and sachindra nath makherjee are lawfully detained ..... orders the provincial government now rely to justify the detention of all the persona who have moved this court in these applications.11. section 2, bengal criminal law amendment act, 1930, is in these terms :(1) where, in the opinion of the provincial government, there are reasonable grounds for believing that any person :(i) ia ..... congress candidate, and as a result it is said that he was arrested and detained. he claims that an order for detention under the bengal criminal law amendment act, 1930, made in his case is made without any grounds whatsoever and that the provincial government could not possibly believe that this man was dangerous.7. miscellanaous .....
Tag this Judgment!