Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1983)3ITD542(Chd.)
..... therefore, felt aggrieved and went in appeal before the commissioner (appeals).3. the commissioner (appeals) took into consideration the provisions of section 64(1)(i), read with explanation 2 to section 64(2), inserted by the finance act, 1979 with effect from 1-4-1980. he held that the share of loss of dr. kamlesh madan will have to be ..... by its legislative wisdom with the introduction of explanation 2 to section 64 with effect from 1-4-1980. the question may, however, arise whether the explanation added by the finance act, 1979 with effect from 1-4-1980 can be said to be applicable to the assessment year 1978-79 which is under appeal before us. this issue has ..... , after giving the spouse an opportunity of being heard, that it is necessary so to do. the finance act, 1979 added explanation 2 to section 64(2) with effect from 1-4-1980. this explanation clarifies that for the purposes of this section, 'income' includes loss.5. on the issue whether income includes loss, there is a judgment of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1990)32ITD567(Chd.)
..... the legislature in the same finance act also made a provision for assessment after partial partition of a hindu undivided family by inserting section 20a into the wealth-tax act, 1957 with effect from 1-4-1980. this section reads as under:- 20a. where a partial partition has taken place after the 31st day of december, 1978, among the members of a ..... be the property of shri b.b. singal bigger huf. according to the wealth-tax officer, the partial partition, "being after 31-12-1978, the same cannot be accepted as per the finance act, 1980". the sum of rs. 2,50,000 kept aside by the assessee for the marriage expenses of miss archana singal by taking it ..... assessee. these assessments were challenged in appeal before the commissioner of wealth-tax (appeals) who made the orders after insertion of sub-section (9) of section 171 of the income-tax act, 1961 by finance (no. 2) act, 1980 and confirmed the view taken by the wealth-tax officer. hence the present proceedings.5. we have heard the parties and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1997)60ITD332(Chd.)
..... case of cambay electric supply industrial co. ltd. (supra) even for purposes of section 80hh investment allowance had to be reduced before working out the deduction under section 80hh. it was also submitted that under section 80ab which was inserted by the finance (no. 2) act, 1980 w.e.f.1-4-1981 income and first to be computed as ..... submissions of both the sides.when the assessing officer passed the order under section 154 on 30-3-1989, the supreme court decision in the case of cambay electric supply industrial co. ltd. (supra) was available because the same was rendered on 11-4-1978. in that case, however, the question was one of exclusion or inclusion ..... to the supreme court decision in the case of cambay electric supply industrial co. ltd. v. cit [1978] 113 itr 84 at 95 wherein the supreme court had held that while computing the deduction under section 80e of the act, there was no scope for excluding items like unabsorbed depreciation and unabsorbed development rebate. it was argued that .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1986)15ITD42(Chd.)
..... statute, neither a word is to be ignored nor a comma is to be added, when one comes to interpretation. once we observe that introduction of section 171(9) which was inserted by finance (no. 2) act with effect from 1-4-1980, partition for the purpose of enquiry, recognition and order had to be 'complete partition', on the one hand, and ..... 3-1981.4. the ito rejected the assessee's claim on the basis of section 171(9), which came on the statute with effect from 1-4-1980 inserted by the finance (no. 2) act, 1980, as per which no partial partition which had taken place after 31-12-1978 was capable of recognition. the contention of the assessee before the ito was that ..... taken place and any finding recorded under sub-section (3) to that effect whether before or after the 18th day of june, 1980, being the date of introduction of the finance (no. 2) bill, 1980, shall be null and void ; (b) such family shall continue to be liable to be assessed under this act as if no such partial partition had taken .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1991)39ITD400(Chd.)
..... capacity. this appears to be the position for the assessment years 1982-83 and 1983-84.5. finance (no. 2) act, 1980 which received the assent of the president on 21 -8-1980 brought on the statute book by way of insertion of sub-section (9) to section 171, effective from 1-4-1980, which reads as under: - 171(9) notwithstanding anything contained ..... he relied on the judgment of the bombay high court in the case of ctt v. smt. godavaridevi sara/[1978] 113 itr 589. it was further submitted by the learned counsel for the assessee that if a provision in the act has been struck down by a high court, the tribunal in the appellate proceedings may take note of such judgment ..... (9) is restricted only to a claim in respect of partial partition effected after 31st december, 1978 made for the first time in the assessment year 1980-81 and that the provisions of section 171(9)(a) would not affect a partial partition which has already been recognised in the assessment year 1979-80 and in respect of which a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2004)91TTJ(Chd.)1044
..... towards meeting the cost of foreign travel to the doctors.(vi) it was pointed out that sub-section (4a) of section 11 was amended by the finance (no. 2) act of 1992 with effect from 1-4-1994, where it has been laid down that provisions of sub-sections (1), (2), (3) or (4) shall not apply in relation to any income ..... the commissioner (appeals) in order to prove that the assessee-trust was set up for charitable purposes and as such entitled to exemption under section 11, relied on an outdated cbdt instruction no. 1132, dated 5-1-1978. the learned commissioner (appeals) failed to take notice of the subsequent instruction no. 1582, dated 19-10-1984 (copy placed at p ..... of the trust when the facts state otherwise.6. the learned commissioner (appeals) has erred in allowing relief by referring to instruction no. 1132, dated 5-1-1978. the recipient-trust was not in fact carrying out any educational activity during the year in question and the donation received on 12-7-1995 by sardarni uttam kaur .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2005)95TTJ(Chd.)404
..... ito cannot grant such a depreciation allowance. the apex court declared the law by the aforesaid decision by its judgment dt. 15th march, 2000. section 32 was amended by the finance act, 2001. explanation 5 was added which provided that depreciation would be allowed whether or not the assessee claimed the deduction in respect of depreciation in ..... representative for the assessee also contended before us that the assessee can claim depreciation on revising the same during such proceedings as per expln. 5 inserted by the finance act, 2001, as the same should be deemed to have taken effect from the retrospective effect and so even during the assessment proceedings for the asst. yr. ..... of the act.2.5 the first contention raised by the learned authorised representative for the assessee before us was that the principles of natural justice have not been complied with by the ao while reframing the set aside assessment. in support thereof, he has relied on 1978 air sc 597, in the case of rakesh c. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1983)3ITD198(Chd.)
..... was on when this issue cropped up. in a detailed order, made under section 143(3)/144b, the ito rejected the claim of investment allowance made under section 32a. this section 32a was inserted by the finance act, 1976 with effect from 1-4-1976. the relevant portions of this section are as under : 32a. (1) in respect of a ship or an ..... aircraft or machinery or plant specified in sub-section (2), which is owned by the assessee and is ..... of the amount spent, if it was a permissible allowance on another ground. whether the allowance was admissible under one head or another of sub-section (2) of section 10 of the 1922 act, the subject-matter for the appeal remained the same. we thus find that if the subject-matter of appeal remains the same, the tribunal is .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1982)2ITD489(Chd.)
..... justified on the facts of the case. one has to remember that in this case itself the supreme court has further held that section 16(3) of the 1922 act (corresponding to section 64 of the 1961 act) creates an artificial income and it must receive a strict construction. but in this case, no such strict construction is necessary because, ..... heard the parties and we do not find any justification for the action taken by the authorities below. a careful perusal of the instrument of partnership dated 13-5-1978 shows that rakesh kumar (minor) was admitted to the benefits of partnership. in this regard, a perusal of clause 7 makes it abundantly clear wherein, the ..... cent nil 7. karam chand admitted into partnership for the benefits of the partnership. 8. that the parties shall contribute the finances towards the firm and they may or may not charge any interest on the finances so contributed.smt. parmeshri devi being the grandmother of minor rakesh kumar, out of love and affection, gifted an amount of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1982)1ITD1060(Chd.)
..... . on these facts, the claim of the assessee is to be considered for relief under section 80u(ii).5. section 80u(a) came on the statute book by an insertion by the finance act, 1968, with effect from 1-4-1969. this section was substituted by the taxation laws (amendment) act, 1970, with effect from 1-4-1971. it deals with deductions in the case of ..... considered the submissions of the assessee but, taking into consideration circular no. 246 [f. no. 178/3/1977-it(a-ii)], dated 20-9-1978 issued by the cbdt enumerating certain types of disabilities to which the section could apply, came to the conclusion that "pulmonary tuberculosis with bronchial asthma is not covered under this circular". he, therefore, held that the assessee .....
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