Court : Orissa
Reported in : 74(1992)CLT202; [1992]197ITR344(Orissa)
..... , with effect from april 1, 1971. there was a further change in section 271(1)(c) in clause (iii) by the finance act, 1968, with effect from april 1, 1968. prior to the amendment, the penalty leviable was with reference to a certain percentage of the tax sought to be avoided by concealment of the particulars of income or furnishing ..... passed on march 20, 1979.6. several changes have been introduced in section 271(1)(c) and section 274 of the act. we shall deal with them so far as they are relevant for the case at hand. by the finance act, 1964, the word ' deliberately' which occurred in clause (c) of section 271(1) was deleted and an explanation was inserted ..... at the end of sub-section (1) of section 271 which is not very material for us. sub-section (2) of section 274 of the act was amended by the taxation laws (amendment .....
Tag this Judgment!Court : Orissa
Reported in : [1993]203ITR641(Orissa)
..... 1964. an explanation was inserted at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). in between, by the finance act, 1968, the base for levy of penalty became the amount of concealment as against the quantum of tax sought ..... to be avoided under the then existing provisions. subsequently, further amendments were brought by the taxation laws (amendment) act, 1975 (section 61 of the said amending act). four explanations were substituted for the explanation introduced by the finance act ..... tribunal suffer from infirmity on account of relevant materials and evidence being ignored.7. a conspectus of the explanation added by the finance act, 1964, and the subsequent substituted explanations makes it clear that the statute visualised the assessment proceedings and penalty proceedings to be .....
Tag this Judgment!Court : Orissa
Reported in : [1988]173ITR425(Orissa)
..... which would have been avoided if the income as returned by such person had been accepted as the correct income. '8. this was substituted by the finance act, 1968, with effect from april 1, 1968, by the following clause :'(iii) in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall ..... .17. strong reliance was, however, placed by learned counsel for the assessee on the case of shyam lal v. state, air 1968 all 392. that was a case under the prevention of food adulteration act and during the pendency of the trial, the punishing section was amended reducing the rigour of the law and, accordingly, it was ..... and reads as follows :' 271(1). if the income-tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person--...... (c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct that such person shall pay .....
Tag this Judgment!Court : Orissa
Reported in : [1991]190ITR139(Orissa)
..... this reference has been made to this court. 5. before the direct tax laws (amendment) act, 1987, with effect from april 1, 1989, section 139(4)(a) which was substituted by the finance act, 1968, with effect from april 1, 1968, and amended by the taxation laws (amendment) act, 1970, with effect from april i, 1971, stood as under :'4 (a) any ..... from the end of such assessment year ;(ii) where the return relates to a previous year relevant to the assessment year commencing on the 1st day of april, 1968, three years from the end of the assessment year ;(iii) where the return relates to a previous year relevant to any other assessment year, two years from the ..... before the tribunal that the decision of the supreme court is no more applicable in view of the amendment made to section 139 by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. according to the departmental representative, the return was not filed either within time provided under section 139 or within such .....
Tag this Judgment!Court : Orissa
Reported in : [1976]104ITR64(Orissa)
..... of the tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income.'5. by the finance act of 1968, the upper limit of penalty has now been fixed at twice the amount of income in respect of which the particulars have been concealed or inaccurate particulars have been ..... case of commissioner of income-tax v. k.c. behera : [1976]103itr479(orissa) . before amendment was brought to the provision by the finance act of 1968, sub-clause (iii) of section 271(1)(c) of the act provided :'in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall not be less ..... counsel, was completed on december 8, 1967, and along with the assessment, the income-tax officer directed initiation of a proceeding under section 271(1)(c) of the act. the satisfaction of the income-tax officer for imposition of penalty was thus reached in december, 1967, and he reported the matter to the inspecting assistant commissioner as he .....
Tag this Judgment!Court : Orissa
Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)
..... old provision was re-enacted in identical terms in the 1961 act. but, subsequently, it has undergone several amendments by the finance act, 1966, with effect from april 1, 1966 ; the finance (no. 2) act, 1967, with effect from april 1, 1968 ; the finance (no. 2) act, 1971, with effect from april 1, 1972 and the finance act, 1974, with effect from april 1, 1975. there have been substitutions and ..... insertions by the finance act, 1979, with effect from april 1, 1980 ; the finance act, 1981, with effect from .....
Tag this Judgment!Court : Orissa
Reported in : II(1994)ACC147
..... 2. the orissa legislature thought of augmenting the financial resources of me state for financing the expanding developmental activities and proposed the legislation to levy tax on passengers and accordingly, the orissa motor vehicles (taxation of passengers) bill, 1968 was introduced in the legislative assembly. the bill was referred to the select ..... reports as per annexure-a series. the concerned authority, therefore, initiated a proceeding under section 8 of the orissa motor vehicles (taxation of passengers) act and after giving due opportunity completed the assessment for the period in question. the petitioner being aggrieved by the same preferred an appeal and the appeal ..... the assessment made by the authorities under section 8 was not paid and the amount is recoverable under me provisions of the orissa public demands recovery act, me certificate proceeding has been initiated.5. mr. das, me learned counsel for the petitioner, raises two contentions in challenging me assessment made by .....
Tag this Judgment!Court : Orissa
Reported in : (1992)101CTR(Ori)247; [1992]198ITR110(Orissa)
..... about the liability. in the case of certain assessees, practical difficulties were encountered. with a view to get over them, amendments in section 43b were introduced by the finance act, 1987. under the law as amended, if an assessee has paid sales tax, additional sales tax, central sales tax, etc., on or before the due date ..... paid within that previous year, the original provisions of section 43b will unnecessarily involve disallowance of the payment for the last quarter.'8. explanation 2 was inserted by the finance act, 1989, with effect from april 1, 1984. the same reads as follows :'explanation 2.--for the purposes of clause (a) as in force at all material ..... him.' 5. amendments to section 43b relevant for our purpose were introduced either as an explanation or as a proviso. the original provisos introduced in section 43b by the finance act, 1987, read as follows (see [1987] 166 itr 9) :'provided that nothing contained in this section shall apply in relation to any sum referred to in .....
Tag this Judgment!Court : Orissa
Reported in : [1955]28ITR136(Orissa)
..... 1942, and brought into force the indian finance act, 1939, in chota nagpur with retrospective effect from 30th march, 1939. thereafter on 8th of july, 1941, the income-tax officer had issued notice to the assessee under ..... to income-tax for the year 1939-40 on 22nd december, 1939. on appeal the income-tax appellate tribunal set aside the assessment on the ground that the indian finance act, 1939, was not in force in chota, the governor of bihar enacted bihar regulation iv of 1942, which received the assent of the governor-general on 30th june, ..... to the conclusion that the rate at which the super-tax was assessed by virtue of the provisions of section 6(4) (v) of the finance act, 1939, should be the rate prescribed by the finance act of the previous year, viz., of 1938, and the assessment was accordingly made on the 16th march, 1940. in the following july, the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori106; 21(1955)CLT555
..... resume of facts it would be seen that the ordinance in question had been promulgated before the decision on the reference under section 66(1) had been pronounced, and the finance act of 1939 had been made applicable to chota nagpur i.e. before the close of the financial year 1939-40, with effect from 30-3-1939, by bihar regulation ..... assessed to income-tax for the year 1939-40 on 22-12-1939. on appeal the income-tax appellate tribunal set aside the assessment on the ground that the indian finance act, 1939, was not in force in chota nagpur, on a reference under section 66(1), the high court agreed with the view of the appellate tribunal. after the ..... assessment came to the conclusion that the rate at which the supertax was assessed by virtue of the provisions of section 6(4)(v) of the finance act, 1939, should be the rate prescribed by the finance act of the previous year, viz., of 1938, and the assessment was accordingly made on 16-3-1940. in the following july, the successor in office .....
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