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The Commissioner of Income-tax, Patiala Vs. Krishna Copper and Steel R ...

Court : Punjab and Haryana

Reported in : AIR1979P& H79

..... -'section 33(1)(iii) of the income-tax act, 1961, as amended by finance act, 1965, provides for enhanced development rebate at the special rate of 35% in respect of plant and machinery installed after 31-3-1965 for the purpose of the business of construction, manufacture or production of any one or more of the articles and things specified in the list in the fifth schedule. ..... 'reference may also he made to the provisions of fifth schedule attached with the act:'list of articles and things-(1) iron and steel (metal), ferro-alloys and special steels. ..... the only question which falls for determination with a view to answer this question is the interpretation of the provisions of section 33(1)(b)(b)(i), which are as follows:--'..... ..... ..... ..... 1 of the fifth schedule to the income-tax act, 1961?'2. .....

Commissioner of Income-tax, Patiala Vs. Krishna Copper and Steel Rolli ...

Court : Punjab and Haryana

Reported in : (1979)8CTR(P& H)23; [1979]119ITR256(P& H)

..... a copy of the said letter has been made available to us and the decision of the board, which was communicated in this regard, is in the following terms :'section 33(1)(iii) of the income-tax act, 1961, as amended by finance act, 1965, provides for enhanced development rebate at the special rate of 35% in respect of plant and machinery installed after march 31, 1965, for the purpose of the business of construction, manufacture or production of any one or more of the articles and things specified in the list in the fifth ..... , at the instance of the cit, patiala :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the assessee was entitled to development rebate at the rate of 35% under section 33(1)(b)(b)(i) read with item no. ..... (1) of the fifth schedule to the income-tax act, 196 ? ..... 'reference may also be made to the provisions of the fifty schedule attached with the act. .....

Commissioner of Wealth-tax Vs. Smt. V. Pathummabi

Court : Kerala

Reported in : [1977]108ITR689(Ker)

..... in the light of the above, we answer the question referred to us by stating that penalty should be imposed under the original section 18(1)(i) of the wealth-tax act as it stood prior to its amendment by act 46 of 1964 and the finance act, 1969, for the assessment year 1964-65 and that section 18(1)(i) as it was amended by the finance act, 1969, must be applied for imposing the penalty for the year 1965-66.12. ..... it was, therefore, contended that section 18(1)(i) as it was amended by the finance act, 1969, must be applied for the entire periods from july 1, 1964, to march 30, 1970, for the year 1964-65 and from july 1, 1965, to march 30, 1970, for the year 1965-66 and the penalties imposed on that basis. ..... tribunal is right in law in holding that even for the default continuing after april 1, 1969, in furnishing the return of net wealth for the assessment years 1964-65 and 1965-66 the penalty for every month during which the default continued after april , 1969, is to be computed under the law as it obtained on the 1st april of each assessment year alone, that is, under section 18(1)(i) of the wealth-tax act, 1957, as it stood prior to its amendment by the finance act, 1969 ?'2. ..... this section was again amended with effect from april 1, 1969, by the finance act, 1969, and after such amendment section 18(1) reads as follows:'18. .....

Murlidhar Sharma Vs. Addl. Registrar and ors.

Court : Rajasthan

Reported in : RLW2006(4)Raj2970; 2006(4)WLC747

..... before amendment, commencement of period of six years within which action under section 74 could be commenced started from the date of alleged act or omission of the person concerned whereas under the new amended provision, the starting point was made depending upon the date of knowledge of the registrar about such alleged act or omission in respect of which action under section 74 of the act of 1965 is desired to be taken.23. ..... on close scrutiny, we find that the principle stated in sc paraser's case (supra) was in the background of income tax act and sovereign power of levy and collection of taxes with the legislative history of amendments in section 34 and keeping in view the fact that the amendment brought in section 34 of income tax act, 1972 came into effect retrospectively, saving the proceedings initiated under unamended provision, cannot be extended to present case.16. ..... assistant registrar of cooperative societies vide impugned order dated 19.2.1990, after holding the inquiry under section 74 of the act of 1965 against the petitioner-appellant directed recovery of rs. ..... before coming to this conclusien the nature of the liability under income tax was considered in the said judgment and it was held that:under the scheme of the income-tax act, a liability to pay tax is incurred when according to finance act in force the amount of income, profits or gains is above the exempted limit. .....

Commissioner of Wealth Tax, Amritsar Vs. Suresh Seth

Court : Supreme Court of India

Reported in : AIR1981SC1106; (1981)21CTR(SC)349; [1981]129ITR328(SC); 1981(1)SCALE729; (1981)2SCC790; [1981]3SCR419; 1981(13)LC555(SC)

..... the return in time was a continuing default and that the penalty had to be computed for the period prior to april 1, 1965 in accordance with section 18 as it stood prior to its amendment by the wealth-tax (amendment) act, 1964, for the period between april 1, 1965 to march 31, 1969 in accordance with section 18 of the act as amended by the wealth-tax (amendment) act, 1964 and for the period between april 1, 1969 to march 18, 1971 (on which date the returns were filed) in accordance with section 18 of the act as amended by the finance act, 1966. ..... another significant factor which requires to be borne in mind is that neither the wealth-tax (amendment) act, 1964 nor the finance act, 1969 by which section 18 of the act was amended expressly stated that the amended provisions of section 18 would be applicable to an assessee who had failed to file the return in respect of any preceding assessment year and the said default had continued after the amendment came into force except using the phrase 'for every month during which the default ..... in other words it is contended that in this case since the assessee who had to file a return after april 1, 1965 for assessment year 1965-66 had not filed the same till march 13, 1971 penalty had to be computed for the period upto april 1, 1969 under the provisions of section 18 of the act as it stood during that period and for the subsequent period additional penalty should be levied in accordance with section 18 as amended by the finance act, 1969 .....

V. Pattabhiraman Vs. the Assistant Commissioner of Urban Land Tax,

Court : Chennai

Reported in : AIR1971Mad61

order:--137. by virtue of the opinions of the majority of the full bench, section 6 of madras act xii of 1966 must be struck down, as violative of articles 19(1) and 14 of the constitution of india. it follows that all the proceedings before us under article 226 of the constitution will have to be allowed, but there will be no order as to costs.138. petitions allowed.

Commissioner of Income-tax, Gujarat-i Vs. Ahmedabad Keiser-e-hind Mill ...

Court : Gujarat

Reported in : [1981]128ITR486(Guj)

..... that there was no dispute that the assessee's case was covered by the relevant section of the finance act of 1965 and the assessee would have been entitled to rebate at two per cent. ..... the proceeding or any other particulars before him at the stage of the original assessment indicated that the assessee was entitled to such relief under the provisions of the relevant finance act, 1965, so far as the order under reference is concerned. ..... 2(5)(a)(iii) of the finance act of 1964 or of the finance act of 1965, even though no claim was made for that relief by the assessee at the stage of those ..... the finance act, 1965, and the relief which claimed before the aac was claimed for the first time, no claim having been made in that behalf before the ito under the provisions of the finance act, of 1965. ..... the finance act of 1965, being the act 10 of 1965, under ..... by the assessee or the assessment order of the income-tax officer with a view to find out new sources of income and the power of enhancement under section 31(3) of the act is restricted to the sources of income which have been the subject-matter of consideration by the income-tax officer from the point of view of taxability. ..... the finance act of ..... the finance act of 1964 ..... the relevant finance act. ..... act of 1965 ..... against the order of assessment for assessment years 1964-65 and 1965-66, the assessee preferred appeals to the aac and in the course of those appeals it was claimed that the assessee was entitled to rebate at ..... act, 1961, being a section .....

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

..... 1975]101itr457(sc) , the supreme court observed as follows (page 463) : ' furthermore, it is the finance act which fixes the rate of interest payable under sub-section (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the i.t ..... same reason he submits that the assessee is liable to pay penalty under section 18 as amended by the amending act of 1964 up to march 31,1969, for the periods 1965-66, 1966-67, 1967-68 and 1968-69, and thereafter, under section 18 as amended by the 1969 amendment ..... that the penalty leviable for the period from april 1, 1965, to march 31, 1969, was under section 18(1)(a)(i) of the act as amended by the 1964 amendment and for the period after april 1, 1969, under section 18(1)(a)(i) as amended by the 1969 amendment.8. ..... section 18 of the act was amended by the 1964 amendment and the section as amended was given effect from april 1, 1965 ..... further held that the amount leviable for the period from april 1/1965, to march 31, 1969, was under section 18(1)(a)(i) of the acs as amended by the 1964 amendment and for the period after april 1, 1969, under section 18(1)(a)(ii) as amended by the 1969 amendment.66 ..... same reasons, he submits, the assessee is liable to pay penalty under section 18 as amended by the amending act of 1964 up to march 31, 1969, for the periods 1965-66, 1966-67, 1967-68 and 1968-69, and under section 18 as amended by the 1969 amendment thereafter. .....

T. K. Roy Vs. Commissioner of Wealth-tax. S. Karam Singh V. Commission ...

Court : Guwahati

..... it held that the penalty leviable for the period from april 1, 1965 to march 31, 1969, was under section 18(1)(a)(i) of the act as amended by the 1964 amendment and for the period after april 1, 1969, under section 18(1)(a)(i) as amended by the 1969 amendment.an application having been made by the assessee for a reference, the tribunal has made this reference under section 27(1) of the act and has referred the following question to us for opinion :"whether, on the facts and in the circumstances of the case, the ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act as amended by section 24 of the finance act of 1969 (hereinafter called the "1969 amendment").the assessee appealed to the aac of the wealth- ..... was again amended in 1969 by section 24 of the finance act, 1969 act 14 of 1969), and the amendment was given effect from april 1, 1969.by this amendment cls. ..... act, 1957, as amended by the finance act, 1969, is not retrospective in its operation.under section 18 the wrongful act on the part of an assessee becomes complete as soon as he does not file the return of his wealth on the stipulated ..... (2) of section 220 and it is common knowledge that every year the finance act makes important amendments in the rates payable under the various provisions of the ..... thereafter, penalty was levied under section 18(1)(a)(i) of the act a amended by section 24 of the finance act of 1969 (hereinafter called "the 1969 amendment act").the assessee appealed to the aac of wealth-tax .....

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

..... kept distinct from the customs duty and this would be clearly seen if we look into the proviso to section 26 (1) of the finance act, 1965 and subsequently incorporated in section 57(1) of the 1964 act and section 76(1) of the 1965 act. ..... which was inserted in article 226 by section 8 of the constitution (fifteenth amendment) act, 1963, the poser conferred on the ..... showing whether there has been change in respect of the territorial jurisdiction after the amendment of article 226 by the constitution (fifteenth amendment) act, 1963, learned counsel for the respondents referred to shankar jayaram and anr. v ..... para 24 of the report as under :-'but even though the concept of 'cause of action' has been adopted by the amendment of 1963, notwithstanding that the government or authority is located outside the territories of the state, i am of the opinion that the amendment has not done away with the first limitation enunciated in the election commission case and has not done away with the inherent limitation of the writ that it cannot be enforced ..... that the high court of bombay could not grant any claim against the state of madhya pradesh even after the amendment of article 226 by constitution (fifteenth amendment) act inasmuch as no cause of action to claim increase given by m.p. ..... the central government, being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (dcptt. .....