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O. P. Aggarwal, Income-tax Officer, C-ward, Jullundur Vs. the State an ...

Court : Punjab and Haryana

Reported in : [1966]59ITR158(P& H)

..... petitioner, there does not appear to be any cogent reason for thinking that the modified priviledge, which the legislature has introduced by section 33 of the finance act, 1964, ammending section 138, should have been intended to apply only to the assessments made on or after the 1st day of april, 1960, and leave the income-tax records and assessment proceedings relevant to the earlier period unprotected and open to public sscrutiny except for the limited priviledge which ..... by sub-section (1) of section 297 of the income-tax act, 1961, the indian income-tax act, 1922, was repealed but there were various saving clauses of which (a) and (c) may be reproduced :'(a) where a return of income has been filed before the commencement of this act by any person for any assessment year, proceedings for the assessment of that person for that year may be taken and continued as if this act had not been passed;'lastly, there is the finance act no. ..... the exception to section 54 of the act of 1922 as made in section 59b which was inserted by the taxation laws (amendment) act, 1960, also could be resorted to only in respect of assessments made on or after the 1st day of april, 1960, and this very date was, as mentioned above, repeated in section 138 of the income-tax act, 1961, as also in sub-section (1) of section 138 as inserted by the finance act, 1964. .....

Seth Brothers Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Reported in : [1973]90ITR191(P& H)

..... this was clearly a lacuna in the finance act, 1964, and was removed in the income-tax act, 1965, by adding section 6 and thereby uniformity was achieved with regard to searches carried out either previous to or after the enactment of the income-tax act, 1965. ..... in support of his contention, reliance was placed by the learned counsel on section 6 of the income-tax (amendment) act, 1965, which is in the following terms :' 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 provisionswere in force on the day the search was made and shall ..... division bench decision of the allahabad high court in seth brothers ' case wherein it was held that section 6 of the income-tax (amendment) act, 1965, laid down that a search made under section 132(1) of the principal act was to be deemed to have been made in accordance with section 132(1) as substituted ; that section 6 being a curative or validating provision, must be comprehensively construed and that all searches made before the commencement of the amendment act, 1965, must be considered included within its scope.10. .....

Commissioner of Income Tax Vs. Jagdish Singh.

Court : Punjab and Haryana

Reported in : (1998)144CTR(P& H)73

..... in tuhi rams case (supra), it is held that the tribunal was not right in law in holding that the capital gains arising on the transfer of agricultural land situated within the municipal limits was not chargeable to income-tax in the assessees hands and the question referred to us is answered in the negative i.e. ..... the cit(a) followed the view of the bombay high court in manubhais case (supra) and held that the ito was not legally justified to assess the income arising from the acquisition of land, which was admittedly put to use for agricultural purposes under the head capital gains and deleted the addition of rs. ..... 2(1a) by the finance act, 1989, w.e.f. ..... by the finance act, 1970, w.e.f. ..... 2(1a) by the finance act, 1989, w.e.f. ..... assessee and his co-owners claimed that no capital gain liable to tax was earned on the sale of agricultural land as the income earned was earned on the sale of agricultural land as held by the bombay high court in manubhai a. ..... 1st april, 1970, makes the position clear when it declares that revenue derived from land shall not include and shall be deemed never to have included any income arising from the transfer of any land referred to in item (a) or item (b) of sub-cl. ..... although land is the source of income, income is derived not by the use of land, but by the sale of the land, that is, by conversion of the land into cash. ..... he proceeded to compute the capital gains in accordance with law and brought to tax an income of rs. ..... 2(47) of the it act, 1961. .....

Commissioner of C. Ex. Vs. United Plastomers

Court : Punjab and Haryana

Reported in : (2008)217CTR(P& H)129; 2008[10]STR229; [2007]13STT67; (2009)19VST382(P& H)

..... 341/11/98-tru, dated 23-8-1999 clarified as under:that section 68(2) of finance act, 1994 inter alia provides for payment of service tax by a person other than the person providing taxable service. ..... 1-9-99, with the amendment of section 68(1) of the finance act, the responsibility for payment of service tax was cast upon the c & f agents. ..... the present show cause notice is based on wrong calculations leading to arbitrary demand, in so far as service tax has been demanded for the month of august, 1999, whereas the responsibility of payment of service tax was cast upon the c/f agents w.e.f 1-9-1999 vide amendment to section 68(1) of finance act. ..... counsel for the appellant has placed reliance on the language of section 65(23) of the finance act, 1994 which defines the 'clearing and forwarding agent' as under:clearing the forwarding agent means any person who is engaged in providing any service, either directly or indirectly, connected with clearing and forwarding operations in ..... the respondent-assessee is providing the services of consignment agents as defined under section 65(23) of the finance act, 1944 as amended (hereinafter referred to as the 'act'). ..... 1-7-2003 and mere procuring or having orders for the principal by an agent on payment of commission basis would net amount to providing services as 'clearing and forwarding agent', within the meaning of the definition of that expression under section 65(25) of the finance act, 1994.16. .....

Cit Vs. Rasan Detergents (P) Ltd.

Court : Punjab and Haryana

Reported in : (2009)226CTR(P& H)567

..... is imported into india from any country outside india; and(iii) no deduction on account of depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of the indian income tax act, 1922 (11 of 1922), or this act in computing the total income of any person for any period prior to the date of the installation of the machinery or plant by the assessee,(2) an industrial undertaking shall be deemed to be a small-scale industrial undertaking, if the ..... for deduction as investment allowance on new machinery is determined under section 32a of the income tax act, 1961 (hereinafter referred to as 'the act'). ..... the business is carried on by an indian company and the business so carried on is for the time being approved for the purposes of this clause by the central government.explanation--for the purposes of this sub-section and sub-sections (2b), (2c) and (4)--(1)(a) new ship or new aircraft includes a ship or aircraft which before the date of acquisition by the assessee was used by any other person, if it was not at any time previous to ..... omitted from the eleventh schedule by the finance act, 1981, with effect from 1-4-1982. ..... 20 and 21 by the finance act, 1981 depicts the conscious determination by the legislative authority to exclude surface detergents or ..... by the finance act,1981 with ..... 21 by the finance act, 1981, with ..... finance act ..... no justification whatsoever for the legislature to omit them, through the finance act, 1981 (with effect from 1-4-1982). .....

Commissioner of Central Excise Commissionerate Vs. Dr. Lal Path Lab (P ...

Court : Punjab and Haryana

Reported in : (2007)213CTR(P& H)15; (2007)9VST700(P& H)

..... this appeal filed by the revenue under section 35g of the central excise act, 1944 challenges order dated august 30, 2006 passed by the customs, excise and service tax appellate tribunal, new delhi (p 3) by holding that the services rendered by the assessee-respondent do not fall in any of the category specified in the definition of 'business auxiliary service' as per sub-section (19) of section 65 of the finance act, 1994. ..... 6,15,631 should not be demanded from them under section 73(b) of the finance act, 1994. ..... the show cause notice also contemplated as to why penalty should not be imposed upon them under sections 75a, 76 and 77 of the act for failure to get itself registered and for non-payment of service tax and also for not filing st 3 return. ..... he also raised demand of interest from the assessee-respondent under section 75 of the act and imposed penalty equal to the amount of tax payable under section 76. ..... 1,000 for contravening provision of section 75a of the act to get itself registered with the central excise department under section 77 of central excise act, was imposed.4. ..... the show cause notice was contested and after detailed discussion, the assistant commissioner, central excise, division-ill, ludhiana passed an order on november 30, 2004 confirming the demand of service tax by placing reliance on section 73(a) by invoking the extended period of five years. ..... on appeal before the commissioner, the demand of tax was upheld being covered by section 65(19)(ii) of the act. .....

Commissioner of Income Tax-i Vs. Vardhman Polytex Ltd.

Court : Punjab and Haryana

Reported in : (2006)205CTR(P& H)457

..... the return was processed under section 143(1)(a) of the income tax act, 1961 (for short 'the act') on 6.1.1992 at a total income of rs. ..... explanation 8 to section 43(1) of the act was added by the finance act, 1986 w.e.f. ..... in the said case, the expression actual cost under the income-tax act, 1922 was under consideration, which had not been defined therein. ..... the view taken in the impugned order is not only supported by the decision referred to by the learned commissioner of income-tax (appeals) but is also supported by fourteen decision given in the paper books of the assessee, the latest in line, being the decision of hon'ble supreme court in the case of cit v. ..... the object of the said amendment as contained in the finance bill, 1986 as it appeared in [1986] 158 itr 88 is as under:under the existing provisions of clause (1) of that section, 'actual cost' means the actual cost of the asset to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by any other person or authority. ..... . once the same comes within the purview of section 43(1), explanation 8, deduction under section 36(1)(iii) or 37 cannot be claimed which stands clarified by the insertion of the proviso therein under the finance act, 2003 ..... interconnection of funds is established not only from the balance sheet but also from the fact that machinery and plant of old unit has been mortgaged to finance the new unit. .....

Commissioner of Income-tax Vs. Gobind Ram

Court : Punjab and Haryana

Reported in : (1996)136CTR(P& H)101; [1996]221ITR892(P& H)

..... the finance bill, 1986, has proposed that no proceedings shall be initiated under section 269c of the income-tax act, 1961, in respect of a property transferred after the 30th day of ..... with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from april 1, 1986, acquisition proceedings under section 269c will not be initiated in respect of an immovable property for which the apparent consideration ..... reference under section 269l of the income-tax act, 1961 (hereinafter referred to as 'the act'), was made to the valuation officer, income-tax department, ..... it held that the intention of the board was in consonance with and in terms of, the speech made by the finance minister on the floor of the house while introducing the finance act of 1986 that the experiment under chapter xx-a having failed, which had resulted in litigation and harassment, the board decided either not to initiate or to drop the proceedings which were pending where the ..... immovable properties under chapter xx-a of the income-tax act, 1961-guidelines-regarding. ..... circular came into existence, proceedings had come to an end and also the judgment of the income-tax appellate tribunal was before the circular was issued. ..... chapter xx-a of the act was made inapplicable in relation to transfer ' of any immovable property after september 30, 1986, and a new chapter xx-c was introduced in the act by the finance act, 1986, with effect from .....

M/S Pml Industries Limited Vs. Commissioner of Central Excise and Anot ...

Court : Punjab and Haryana

..... considered the scope of sub-section (2a) of section 254 inserted by finance act, 1999 in the income tax act, 1961. ..... an order of waiver of pre-deposit of duty passed by the tribunal stands vacated after expiry of 180 days, if the appeal is not decided in terms of the provisions inserted by section 140 of the finance act, 2002 with effect from 11.05.2002 (hereinafter referred as first set of cases ) and writ petitions such as cwp no.1606 of 2012, wherein the challenge is to the circular issued by the central board of customs & excise (for short ..... a similar contention raised in regard to sub-section (2a) of section 254 of the income tax act was not accepted by the income tax appellate tribunal in centre for women s development studies vs. ..... sahir and others (2003) 8 scc 498.the language of sub-section (2a), which has been inserted by finance act, 1999, makes it clear that the legislature did not intend to make the time period of 4 years for disposal of the application as mandatory. ..... such a provision was on the statute book in section 30 of the indian income tax act, 1922. ..... the court observed as under: we may also notice sub-section (2a) of section 254, which was inserted by finance act, 1999. ..... (sub-section (4a) inserted by section 129 of the finance act, 2001 w.e.f. ..... (proviso inserted by section 140 of the finance act, 2002 w.e.f. .....

Sat Pal and Co. Vs. Excise and Taxation Commissioner and ors.

Court : Punjab and Haryana

Reported in : (1990)86CTR(P& H)13; [1990]185ITR375(P& H)

..... the challenge in this bunch of writ petitions is directed against the legality and constitutional validity of sections 44ac, 206c and 276bb incorporated in the income-tax act, 1961 (hereinafter referred to as 'the act'), by the finance act, 1988. ..... parliament passed the finance act, 1988, and it has, among others, introduced sections 44ac, 206c and 276bb in the income-tax act. ..... union of india : [1989]177itr358(ker) , had upheld the vires of sections 44ac and 206c of the act on the ground that these provisions were inserted in the income-tax act with the object of working out profits on a presumptive basis to get over the problems in assessing the income and recovering the tax in the cases of persons dealing in timber, forest produce, country liquor, etc. ..... the non obstante clause in section 44ac excludes the application of the provisions of sections 28 to 43c of the income-tax act to the liquor contractors carrying on the business of country liquor. ..... the income-tax act defines the expression 'income' in clause (24) of section 2, but that definition cannot be read back into entry 82 of list i of the seventh schedule to the constitution. ..... section 44ac of the income-tax act, 1961, clearly indicates that the profits and gains meant by it are the profits and gains of the business of trading in specified goods. .....