Court : Allahabad
Reported in : [1971]80ITR693(All)
..... --any search of a building or place by an inspecting assistant commissioner or income-tax officer purported to have been made in pursuance of sub-section (1) of section 132 of the principal act before the commencement of this act shall be deemed to have been made in accordance with the provisions of that sub-section as amended by this act as if those provisions were in force on the day the search was made and shall not be called in question before any court of law or any other authority merely on the ground- (i) that ..... the principal act referred to is the income-tax act, 1961, and there can be no dispute, we think, that the search made in june, 1963, was a search under section 132(1) of that act, section 6 of the amendment act, 1965, is a curative or validating provision and should, therefore, be comprehensively construed. ..... of the amendment (act, 1965, the search must be deemed to be a search under the said section 132(1), there is little difficulty in holding that section 132(8) is attracted to the present account books and documents.9. ..... accordingly, the searches made in june, 1963, must now be deemed to have been made in accordance with the new section 132(1) as brought in by the amendment act, 1965. ..... ' section 6 of the amendment act, 1965, which appears to us relevant, declared :'6. ..... thereafter, parliament enacted the finance act of 1964 (no. ..... and the provision which was brought into the act from that date by the finance. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All248; [1967]65ITR386(All)
..... the learned advocate general appearing for the petitioner has stressed that section 23-a after its amendment by the finance act 1955, was a charging section and an order passed thereunder was an order of assessment to which section 34 (3) was attracted section 34 (3) provides that no order of assessment shall be made after the expiry of four years from the end of the assessment year no such order could hence be passed for the assessment year 1956-57, after 31st march ..... the view taken by the gujarat high court in (1964) 64 itr 271: air 1965 guj 105 (supra) that the unamended section 23-a was a fiscal provision and not a penal provision is, with respect, not in accord with the law declared by the supreme court.16. ..... it is stated that at the hearing held on 30-9-1964, it appeared that orders under section 23-a were likely to be passed by the 5th or 6th october, 1965 and that as the proceedings, being barred by time, are without jurisdiction, they are liable to be quashed. ..... from the counter-affidavit filed by the income-tax officer it appears that he passed the order under section 28-a on 5-10-1965 before he had received intimation of the interim order of this court staying further proceedings. ..... , civil appeal no 807 of 1963, dated 22-3-1965: (reported in : [1965]57itr176(sc) the supreme court again analysed the nature and effect of section 23-a. .....
Tag this Judgment!Court : Allahabad
Reported in : (1980)17CTR(All)258; [1983]139ITR825(All)
..... counsel for the petitioner submitted that since there were differences of opinion among various high courts on the question whether the definition of the term 'jewellery', given in the explanation added to section 5(1)(viii), would apply to the assessment year 1965-66, a period prior to its amendment by the finance (no. ..... has not been disputed before us that, in view of the retrospective amendment in the law, 'jewellery' became liable to assessment under the w.t. ..... petitioner did not raise any doubt or dispute that the ornaments that he possessed were not jewellery as interpreted in common parlance or that the word 'jewellery' is to be interpreted as in common parlance, and that the amendment as contemplated by the finance (no. ..... 2) act of 1971, the question was debatable and, hence, no rectification could validly be made under section 35 ..... act, the wto allowed an exemption on the jewellery of the aforesaid amount shown as 'jewellery', under section 5(1)(viii) of the ..... the amendment was made retrospectively with effect from april 1, ..... the wto issued a notice for rectification under section 35 of the w.t. ..... was a case of a mistake apparent on the face of the record which can be rectified under section 35 of me w.t. ..... 2) act of 1971 amended section 5(1)(viii) by introducing the phrase 'but not including jewellery ..... act ..... act, and in this situation the case was one of escapement from ..... 2) act of 1971, could not give an extended meaning to the word 'jewellery' as used in the explanation ..... act ..... act ..... act, .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]68ITR798(All)
..... it says that 'any search' made before the commencement of the income-tax (amendment) act, 1965, shall be deemed to have been made under the amended section as if the amended section was in force on the day the search was made. ..... section 6 says that the impugned searches shall now be deemed to have been made in accordance with the provisions of section 132 as amended by the indian income-tax (amendment) act, 1965.we shall now discuss the sixth and seventh arguments of mr. ..... this act repealed the ordinance.in view of the provisions of section 6 of the income-tax (amendment) act, 1965, it is now not necessary to express any opinion on the first argument of mr. ..... the ordiance was later replace by the income-tax (amendment) act i of 1965. ..... the ordinance was later replaced by the income-tax (amendment) act i of 1965. ..... . the provision is designed to ensure a speedy initiaion of the enquiry so that the assessment may e completed within the time fixed by sub-section (1b).having regard to the context and object of sub-rule (1) of rule 112a we think that a notice issued after the expiry of 15 days from the date of seizure would not be illegal.the last argument is that ..... this express amendment was not necessary as a corollary to the fiction enacted in section 24 of the general clauses act, is was already necessary to read (5) for sub-section (1b) after enactment of the act no ..... on april 28, 1964, the finance act of 1964 was enacted by parliament. ..... section 30 of the finance act amended section 132. .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]83ITR303(All)
..... apparently to reduce its severity, the finance act, 1965, has since inserted the following further proviso in section 10 : ' provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, brother or sister, shall not be deemed to pass on the donor's death by reason only of the ..... after examining the case law on the point it observed : ' it appears from all these cases that the first limb of the section may be infringed if the donor occupies or enjoys the property or its income, even though he has no right to do so which he could legally enforce against the donee, ' where the question is whether the ..... ) has, while preferring the view taken in chick case, pointed out that the second part of section 10 has two limbs : the deceased must be entirely excluded (i) from the property, and (ii) from any benefit ..... death his widow, bibi ahmadi begum, as the accountable person under section 53 of the act, filed an account of the properties comprised in the estate of the ..... under section 4, estate duty act, 1953, has referred the following question under section 64(1) of that act (as it stood prior to its amendment in 1958) for the opinion of this court: ' whether, on the facts and in the circumstances of the case, the value of the haveli was correctly included in the principal value of the estate of the deceased, as the value of property deemed to pass on his death under section 10 of the act '2 ..... this amendment was made effective from april 1, 1965, and .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]106ITR965(All)
..... the following question was referred for the opinion of the high court:'whether, on the facts and circumstances of the case, the tribunal was right in law in holding that the finance act, 1969, was not retrospective in effect and the penalties under section 18(1)(a) of the wealth-tax act, 1957, were exigible in these cases for the assessment years 1964-65, 1965-66, 1966-67 and 1967-68 on the scale in force prior to the ..... that the default which occurred before the act was amended ceased only after the returns were filed in 1970 and the occasion to impose penalty having arisen at a time when the finance act, 1969, had come into force, the court below should have calculated the penalty in accordance with the amended law. ..... by the tribunal the only question that arises for consideration is whether penalty has to be calculated in accordance with the provisions contained in finance act, 1969, or as it stood before the amendment. ..... default occurred in the eye of law and this continued till the assessee did not file the return and as the proceedings were initiated by filing of the return at a time when the finance act, 1969, came into force, the law applicable in the case of the assessee would be the law as it was amended by finance act, 1969, and not the unamended law. ..... been raised on behalf of the department before the tribunal that penalty up to april 1, 1969, should be levied in accordance with the unamended act and thereafter under the amended act nor has any such question been referred. .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)108CTR(All)46; [1993]201ITR307(All)
..... the above discussion, we answer the question referred to us by saying that the penalties under section 18(1)(a)(i) of the wealth-tax act for delay in filing the returns for the assessment years in question are to be levied for the period of delay prior to april 1, 1969, in terms of the prescribed rates with reference to the unamended section 18 of the act as it stood prior to its amendment by the finance act, 1969, and for the period of delay subsequent to april 1, 1969, at the ..... whether the amount of penalty is to be determined with reference to the law obtaining after the amendment of section 18 of the act by the finance act, 1969, or on different rates applicable during the period of each month, in accordance with the ..... thereafter with effect from april 1, 1969, an amendment was effected by section 24(c) of the finance act, 1969, in the scale of penalty imposable inasmuch as the rate of penalty provided was a sum for every ..... another contention of learned counsel was that the quantification of the penalties by the wealth-tax officer with reference to the amended provisions of section 18(1)(a) with effect from april 1, 1969, was legal and the interference exercised by the income-tax appellate tribunal directing recomputation of the penalties on the basis of the law ..... notice that the measure of penalty imposable under section 18(l)(a) of the act for non-submission or delayed submission of returns without reasonable cause between april 1, 1965, and march 31, 1969, was equivalent to .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)191CTR(All)189
..... section 2(47) of the it act came to be amended by the finance act ..... , on behalf of the respondent-revenue, it is contended that the present case is not a case of issuing of notice after scrutiny assessment under section 143(3), but non-scrutiny assessment under section 143(1) and as such extended period of limitation is available under section 149 of it act and, in any case, it has been exercised within 4 years from the end of the relevant assessment year, that is, within 4 years from ..... learned counsel then points out that in view of the amendment to section 2(47) of the it act, introducing clause (v), any transaction involving the allowing of possession of any immovable property to be taken or retained in part performance of contract under section 53a of the transfer of property act and in view of option exercised by the bank of ..... (v) and (vi) issued by the cbdt; (2) when the officer himself accepts in the reasons for reopening that the agreement to sell coupled with possession as contemplated in section 53a is done in 1984 when the sub-clause (v) was not on the statute, the question of that sub-section applying does not arise; (3) option exercised by the purchaser is merely to complete formalities to sell, it does not amount to an agreement to sell for the ..... whereby the scope of reassessment has been widened and the only restriction put in the amended section is reason to believe by the ao, who can exercise the powers to reopen assessment within ..... [1965]57itr185(sc) and india finance .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All620; [1970]75ITR741(All)
..... clause (iii) of sub-section (1) prescribing the minimum amount of penalty in cases or concealment equal to the amount of income concealed came into force with effect from april 1, 1968 after its amendment by finance act of 1968 and would not ordinarily be applicable to the pending assessments for the assessment years prior to 1962-63 covered by clause (g) of sub-section (2) of sec. ..... under subsection (4a) of section 271 added by the income tax amendment act of 1965 the commissioner has been vested with the power to reduce or waive the amount of minimum penalty imposable in cases falling under clauses (i) and (iii) of sub-section (1) of section 271 on conditions ..... struck down section 33 of the payment of bonus act, 1965, as infringing ..... appellate proceedings pending before him is factually incorrect inasmuch as in paragraph 24 of his appellate order dated april 5, 1965 he recorded his satisfaction thus: 'since the assessee has concealed the particulars of his income and has deliberately furnished inaccurate particulars thereof, a notice under section 274 of the income tax act, 1961 has also been issued to show cause why penalty may not be imposed under ..... : (1966)iillj546sc (supra) the supreme court struck down a provision of the payment of bonus act, 1965, as violative of article 14 of the constitution because as a result of the classification brought about by it similarly situated industrial concerns were subjected to differential treatment depending on the pendency of an industrial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All167; [1970]78ITR759(All)
..... controller of estate duty : [1967]63itr497(sc) that the second proviso to section 10 added by the finance act of 1965 is effective from april 1, 1965 and has no retrospective operation. ..... ' by the finance act of 1965 a second proviso to section 10 was added and it runs as follows: 'provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, brother orsister, shall not be deemed to pass on the donor's death by reason ..... learned counsel for the accountable person has relied on two decisions of the madras high court in support of his contention that to such a case the provisions of section 10 have no application and the value of the house 'afzal manzil' should be excluded from the principal value of the estate of the deceased. ..... mere filial affection of his sons with a view to enable him to continue to reside in the house, it cannot be said that he was, 'entirely excluded from possession and enjoyment' within the meaning of the first limb of the section, and, therefore, the property would be deemed to have passed on the death of the donor and would be subject to levy, of estate duty. ..... originally, this period was one year but, subsequently, the period was enlarged to two years by an amendment of the section. ..... this is a reference made by the central board of revenue, new delhi, under section 64(1) of the estate duty act, 1953 (as it stood prior to the amendment by the estate duty (amendment) act of 1958), hereinafter referred to as the act. .....
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