Court : Chennai
Reported in : [1974]94ITR397(Mad)
..... that demand in this writ petition on various grounds.3. it is contended that chapter xxii-a dealing with annuity deposit was inserted in the income-tax act, 1961, by section 44 of the finance act of 1964 with effect from 1st april, 1964, that under the said scheme of annuity deposit the taxpayers have the ..... counsel refers to the decision of the supreme court in rayala corporation (p.) ltd. v. director of enforcement, a.i.r. 1970 s.c. 494 in support of his plea that where the legislature by an amending act merely omits certain provisions of an existing statute, it will not amount to repeal and that, therefore, in cases of omissions section ..... as annuity deposit during the year and deducting the said sum, a demand had been issued on march 22, 1970, for the balance of the annuity deposit of rs. 62,520 in form 37b under section 156 of the income-tax act read with rule 48a(ii) of the income-tax rules, 1962. the petitioner has challenged the validity of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2005)93TTJ(Bang.)564
..... favour of the assessee who has co-operated with the department in getting the undisclosed income assessed to tax at a higher rate of taxation, than under the normal finance act. instead, the ao used the discretion against the assessee in imposing the penalty, which according to us, is unreasonable and as we have already explained, even on ..... counsel to bring to our attention the possible harassment the ao can cause to the taxpayers for want of necessary provisions in this regard for imposition of penalties under chapter xiv-b. we, therefore, even on merits do not agree with the imposition of penalty. the same stands cancelled.10. before parting, we would like to ..... deal with the full bench decision of the andhra pradesh high court in the case of state of andhra pradesh v. godavarthi kasiviswanadham (1970) 25 stc 1 (ap), wherein while dealing with penalties, it has been observed as under : "imposition and collection of penalty also are clearly dealt with in a .....
Tag this Judgment!Court : Delhi
Reported in : (2001)165CTR(Del)98
..... properties in certain cases of transfer to counteract evasion of tax. in the said chapter, as originally enacted, by income tax (amendment) act, 1981, section 269ab was inserted with effect from 1-7-1982, and section 269rr was inserted by finance act, 1986 with effect from 1-10-1986.'it was also contended by mr. chadha ..... therein for a public purpose. we may here mention that subsequently chapter xx-c was inserted by the finance act, 1986 with effect from 1-10-1986, providing for purchase by central government of immovable properties in certain cases of transfer and, thereforee, chapter xx-a relating to acquisition of immovable properties in certain cases ..... under :'the government of india appointed the direct taxes inquiry committee under the chairmanship of justice k.n. wanchoo, former chief justice of india in 1970 to recommend concrete and effective measures inter alia to unearth black money and prevent its proliferation through further evasion; to check avoidance of tax through various .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN251
..... . the income-tax inspector son deval was present in the court along with the assessment files for the years 1970-71 and 1971-72 section 137 of the indian income-tax act was deleted from 1st april, 1964 by section 32 of the finance act, 1964, that section provided that all particulars contained in any statement made return furnished or accounts or documents produced ..... under the provisions of this act, or in any evidence given, or affidavit or deposition made in the course of any proceedings under this act, other than proceeding, under chapter xxii or in any assessment proceeding, or .....
Tag this Judgment!Court : Chennai
Reported in : [2000]241ITR116(Mad)
..... provisions contained in the rent control enactments of the various states as well as the provisions of the public premises eviction act, 1970. it is also contended on behalf of the ..... it is the case of the petitioner herein that section 269ue of the act, is unconstitutional and void and it is ultra vires parliament. according to them, chapter xxc was inserted by the finance act, 1986, with effect from october 1, 1986, and the said chapter enables the central government to purchase immovable properties in certain cases of transfer. ..... of which an order of pre-emptive purchase has been made, the said chapter will override the provisions of all other enactments in that regard. in this regard it is contended by the department that when parliament inserted chapter xxc by the finance act, 1986, with effect from october 1, 1986, it was aware of the .....
Tag this Judgment!Court : Kolkata
Reported in : [1991]191ITR419(Cal)
..... taxpayer company was not entitled to claim initial allowances under section 41(1) of the finance act 1971 in respect of two transactions related to two films ('escape to victory' and 'outland'). section 41(1) provides;'subject to the provisions of this chapter, where - (a) a person carrying on a trade incurs capital expenditure on the ..... in the purchase of the film ?if the partnerships qualified for first-year allowances under section 41, under section 155 of the income and corporation taxes act 1970 the partnership is to be treated for tax purposes as though it were a limited company, but in computing its tax liability no deduction is to be ..... are illuminating. first he held that the taxpayer company had invested in victory partnership as a tax deferral scheme : the taxpayer companys investment 'merely provided the finance necessary to enable trading transactions to be entered into. ' since this motivations had not been found by the commissioners to have had any adverse effect on the .....
Tag this Judgment!Court : Kolkata
Reported in : [1981]130ITR710(Cal)
..... its income-tax return for the assessment year 1966-67, without claiming the said special rebate under paragraph f of part i of the first schedule to the finance act, 1965, in respect of its profits and gains attributable to the business of manufacture and production of soda ash in saurashtra chemicals but subsequently filed a revised ..... from a ship to which this section applies shall be computed in accordance with the provisions contained in chapter iv-d '. 24. in this context, mr. bajoria also cited a decision of the supreme court in cit v. s. s. sivan pillai : [1970]77itr354(sc) , where the supreme court observed as under (p. 357): ' the profits or ..... to be made in making such computation and sections 33 and 34 are the provisions for allowance of development rebate in computing such total income under the said chapter. 26. mr. pal submitted that the above provisions clearly show that the total income has to be computed after allowing all admissible deductions and allowances including .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1991]188ITR741(MP)
..... provisions of the wealth-tax act, 1957 (hereinafter called 'the act'), were amended by the finance act of 1988 with effect from june 1, 1988, and the name of the chief commissioner was substituted in the place of the central board of direct taxes in respedt of according registration. the provisions contained in chapter vii-b of the' act were also amended with ..... p. no. 1077 of 1989 (avinash kutumbale v. chief cit). 2. the petitioner in m. p. no. 1019 of 1989, suresh deole, is practising as an architect since 1970. he obtained his degree in architecture in the year 1969 from maulana azad college of technology, bhopal. the petitioner was a duly registered valuer under the provisions of the wealth ..... the experience, the basic qualification is that a person should be a practising engineer for not less than 10 years. the petitioner is practising as an architect since 1970 and as such prima facie his experience was of about 18 years at the time of application for registration as a valuer under the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi1559
..... be excluded from the total income of the recipient. section 12 deals with the income of trusts and institutions from voluntary contributions. the section before its amendment by the finance act of 1972 with effect from 1st april, 1973, stood as follows : '12. income of trusts or institutions from voluntary contributions. - (1) any income of a ..... daulat ram general education society, new delhi, is the assessed-respondent in income-tax references nos. 226 and 227 of 1977 and the assessment years are 1969-70 and 1970-71. all these assesseds are charitable institutions. 2. the question in the respective references are as follows : eternal science of man's society, new delhi. '1. ..... basis of which the above question have been referred, it is advisable to refer briefly to the relevant statutory provisions. chapter iii of the income-tax act, 1961 (to be referred to in brief as 'the act'), contains provisions pertaining to income which does not form part of the total income. section 11, which is in .....
Tag this Judgment!Court : Delhi
Reported in : (1980)19CTR(Del)384; [1981]128ITR456(Delhi)
..... from the total income of the recipient. section 12 deals with the income of trusts and institutions from voluntary contri- butions. the section before its amendment by the finance act of 1972 with effect from 1st april. 1973 stood as follows:12.income of trusts ornstitutions from voluntary contributions : (1) any income of a trust for ..... educa- corporation society, new delhi is the assessed-respondent in income-tax ref- erences nos. 226 and 227 of 1977 and the assessment years are 1969-70 and 1970-71. all three assesseds are charitable institutions,(2) the questions in the respective references are as follows : the eternal science of man's society, new delhi1. ..... on the basis of which the above questions have been referred, it is advisable to refer briefly to the- relevant statutory provisions. chapter iii of the income-tax act (to be referred to in brief as ''the act') contains provisions pertaining to income which does not form part of the total income. section 11, which is in this .....
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