Court : Kolkata
Reported in : [1970]26STC141(Cal)
..... in connection with, or ancillary or incidental to, such trade, commerce, manufacture, adventure or concern.17. this amendment was expressly made retrospective by section 4 of the west bengal taxation laws (amendment) act, 1968, preceded by the ordinance mentioned above and was couched in the following language: 'the following clause (amendment) shall be and shall always be ..... what is the interpretation the court should give of the expression 'question of law' and deciding such question of law, expressions used under section 21(1) of the bengal finance (sales tax) act and also in similar other statutory provisions which are in pari material is it a question of law whether the law itself that has ..... u.p. and the other case in ramgopal mills [19611 41 i.t.r. 280 was with regard to the finance act read with the indian income-tax act and was not concerned with the sales tax act; but the principles formulated should be equally applicable.15. the last case cited on this point is the supreme court .....
Tag this Judgment!Court : Kolkata
Reported in : [1975]36STC98(Cal)
..... government. neither in any of the two explanations the firm has been included. the present definition clause (c) was substituted for the former by section 2(b) of the bengal finance (sales tax) (west bengal amendment) act, 1950, with effect from 6th november, 1950. before the amendment the definition was: 'dealer' means any person, firm or hindu joint ..... in the business of selling or supplying goods in east punjab. so, under the east punjab act a firm is a dealer within the meaning of section 2(d) of that act.7. 'dealer' has been defined in the bengal finance (sales tax) act in section 2(c). it means any person who carries on the business of selling goods in west ..... is included within the definition of 'dealer' under section 2(c) of the bengal finance (sales tax) act, 1941, and (b) whether a dissolved firm can be assessed to sales tax under the bengal finance (sales tax) act, 1941, in view of the decision of the supreme court in additional tahsildar v. gendalal [1968] 21 s.t.c. 263 (s.c.).2 .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]109ITR474(All)
..... :'1. whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the provisions of section 271(1) as they stood prior to the amendment by the finance act of 1968 should be applied in the present case ?2. whether, on the facts and in the circumstances of the case, the tribunal was ..... accepted as the correct, income.' 10. by the finance act of 1964 the word 'deliberately' was omitted in sub-section (1)(c) and the explanation was added to sub-section (1) with effect from april 1, 1964.11. by the finance act of 1968, with effect from april 1, 1968, the present clause (iii) of sub-section (1) was substituted for the old clause. the ..... . however, the ratio would be equally applicable to the amendments introduced by the finance act of 1968. it was laid down that any one who files an incorrect return after april 1, 1964, is liable to be dealt with according to the amended provisions of section 271(1)(c) regardless of the year to which the return relates. it was .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]38STC163(Cal)
..... standards unrelated to the facts and circumstances of a situation, which occasioned the legislation.26. the bengal finance (sales tax) act was enacted in 1941. section 4 of the west bengal taxation laws (amendment) act, 1968, and the act which replaced it, by giving retrospective operation to the definition of 'business' has sought to impose fresh ..... amendment) act, 1968. by the said amending act, the second ordinance was repealed. by section 4 of the said amending act, section 4 of the second ordinance was re-enacted. by the west bengal taxation laws (amendment) act, 1969 (act 25 of 1969), the earlier act was repealed and by section 4 of the said act, section 4 of the earlier act was re ..... borne out by the objects and reasons in support of the west bengal taxation laws (amendment) act, 1968 -- where the reasons for the amendment were stated to be the need for additional resources for financing the development schemes of west bengal and also to meet the vast increase of commitments in the non .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1979KAR127; [1978]115ITR131(KAR); [1978]115ITR131(Karn); 1979(1)KarLJ34
..... the assessment year and the provisions of the act as amended by the finance act, 1968, were inapplicable to the case. accordingly, it reduced the quantum of penalty payable by the assessee. at the instance of the additional commissioner of income-tax, the tribunal has referred the following question of law under section 256(1) of the act for the opinion of this cour : 'whether, on ..... under section 271(1)(c) of the act, referred the matter to the inspecting assistant commissioner of income-tax, as the minimum penalty imposable exceeded rupees one thousand. after hearing the assessee, the inspecting assistant commissioner passed an order on july 24,1970, imposing a penalty of rs. 3,51,682 in accordance with the provisions of the act as amended by the finance act, 1968 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]119ITR688(MP)
..... was clearly wrong in holding that penalty was leviable at 20% of the tax sought to be avoided, on a misconception of fact that section 271(1)(c), substituted by the finance act, 1968, w.e.f. april 1, 1968, was not attracted. it proceeded on the assumption that the quantum of penalty was governed by clause (iii) as it originally stood. ..... any logical or rational principle.8. inasmuch as the returns for both the years were filed on april 9, 1968, i.e., after the substitution of new clause (iii) in section 271(1)(c), by the finance act, 1968, w.e.f. april 1, 1968, the iac held that penalty had to be computed by reference to the amount of income concealed. he, ..... was liable for penalty under section 271(1)(c), read with the expln. thereto, for each of the two years. it, however, reduced the quantum of penalty to 20 per cent. of the tax sought to be avoided on the hypothesis that the amendment by the finance act, 1968, which came into effect from april 1, 1968, was not retrospective in operation .....
Tag this Judgment!Court : Allahabad
Reported in : (1979)8CTR(All)185; [1981]128ITR559(All)
..... penalised.9. taking up the last feature first, the position is that clause (c) to section 271(1) used the word 'deliberate' in connection with the phrase 'furnish inaccurate particulars of such income'. the word 'deliberate' was omitted by the finance act of 1964 which came into force on 1st april, 1964. clause (c) as it stood ..... the question referred to us. in cit v. george henderson and co. : [1967]66itr622(sc) and also in cit v. greaves cotton and co. ltd. : [1968]68itr200(sc) , the supreme court instead of calling for a supplementary statement of the case directed the tribunal to rehear the appeal in similar circumstances. this decision was followed ..... held that the amendment brought about to sub- clause (iii) of clause (c) of sub-section (1) of section 271 was effective from 1st april, 1968, and was not retrospective. the iac had no jurisdiction to impose penalty under the amended section. this has reference to the quantum of imposable penalty.7. the question of law referred to us .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1980]124ITR728(MP)
..... revised return showing his income from truck business. on these facts, the department sought to impose penalty under the provisions of section 271(1)(c) of the act as amended by the finance act, 1968. this court held that the act of concealment was committed by the assessee on 4-7-66 when he filed his original return and, therefore, the penalty ..... filed. in the instant case, the assessee filed its return for the assessment year 1965-66 on september 30, 1968. the amended section 271(1)(c) of the act came into force on april 1, 1968. in the circumstances, the act of concealment of the income for the assessment year 1965-66 was committed by the assessee on september 30 ..... finding of the iac that the assessee was guilty of concealment of income as provided under section 271(1)(c) of the act. however, the tribunal came to the conclusion that section 271(1)(c) of the act came into effect from april 1, 1968, and as the concealment related to the assessment year 1965-66, the penalty imposable could .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1982]134ITR158(AP)
..... included in the popular parlance. section 35d(3) of the i.t. act which uses the term 'capital employed' includes within that definition 'long-term borrowings'. in birmingham small arms co. ltd. v. irc [1951] 2 all er 296 construing the expression 'capital employed' in relation to the excess profits tax imposed by the finance act, 1939, lord simonds, speaking ..... are ultra vires of s. 80j. the petitioner is a public limited company to which s. 80j of the act applies and is assessed as such under the i.t. act, 1961. it started a pharmaceutical unit in august, 1968. it is assessed to income-tax and its assessment year is the calendar year. for the purpose of application of ..... company and for the four assessment years immediately succeeding.' 17. the present s. 80j was inserted by the finance (no. 2) act of 1967, with effect from april 1, 1968. the object of s. d 15c of the indian i.t. act, 1922, which is similar to the present s. 80j, is elucidated by the supreme court in textile machinery .....
Tag this Judgment!Court : Allahabad
Reported in : (1982)27CTR(All)103; [1982]133ITR520(All); [1982]9TAXMAN202(All)
..... s. anand yarn & co., which amounted to rs. 2,130. 8. counsel for the department urged that for a correct interpretation of section 271(1)(c)(iii), the subsequent amendment made in clause (iii) by the finance act, 1968, may also be looked into. his contention is that under clause (iii), as it stood, once there was a variance in the returned ..... are made up, may be caught in the net of clause (iii). such an interpretation would run counter to the intention of the legislature as envisaged in section 155(1) of. the act, which specifically talks of rectification on completed assessment of partners, on the assessment or reassessment of the firm.10. we, accordingly, answer the question in the ..... for filing his return till such time that the accounts of the firm in which he is a partner are made up. section 155(1) of the i.t. act, 1961, and section 35 of the indian i.t. act, 1922, realising this, took ample care by making provision for rectification of a partner's assessment on the assessment of the .....
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