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Commissioner of Income-tax Vs. Haryana Minerals Ltd.

Court : Punjab and Haryana

Reported in : [2005]276ITR399(P& H)

..... of the aforementioned judgment to the facts of this case, we hold that the benefit of the amendment made in section 80hhc by the finance (no. 2) act of 1991, could not have been extended to the assessee in relation to the assessment year 1984-85.4. as regards question no. 2, it is sufficient to mention that the commissioner of income-tax (appeals ..... ) as well as the tribunal have treated the provisions of the amended section 80hhc of the act applicable to the case of the assessee as if the amendment made by the finance (no. 2) act of 1991 was retrospective. this .....

Commissioner of Income Tax Vs. Maha Luxmi Bricks Mfg., Moulding and Fa ...

Court : Punjab and Haryana

Reported in : (2005)193CTR(P& H)261; [2005]273ITR190(P& H)

..... after this period, the sales-tax is to be paid to the government either in lump sum or in instalments.2. section 43b of the it act, 1961, introduced by the finance act, 1983, w.e.f. 1st april, 1984, provides, inter aha, that a deduction in respect of any sum payable by the assessee by way of tax or ..... 496, dt. 25th sept., 1987. the same reads as under: 'circular no. 496, dt. 25th sept., 1987subject: sales-tax deferral scheme-provisions of section 43b of the it act, 1961- clarification regarding.several state governments have introduced sales-tax deferral schemes as a part of the incentives offered to entrepreneurs setting up industries in backward areas. ..... the revenue, the income-tax appellate tribunal, chandigarh bench, chandigarh (for short 'the tribunal'), has referred the following questions of law under section 256(1) of the it act, 1961 (for short, 'the act'), for the opinion of this court :'whether, on the facts and circumstances of the case, the tribunal was right in law in allowing .....

The Commissioner of Income Tax, Jalandhar Vs. V.

Court : Punjab and Haryana

..... also incurred on distribution of free specimen copies of books published by the assessee is no more permissible in law in view of introduction of explanation to section 37 of the act vide finance (no.2) act, 1998. it is claimed that such practice of spending on secret commissions and on distribution of free specimen books is an offence and there is ..... prohibition of the criminal laws, referred to in question no.2 on which present appeal was admitted for hearing. at this stage, explanation appended to section 37 of the act by way of finance (no.2) act, 1998 introduced retrospectively with effect from 1.4.1962 may be reproduced, as below:- for the removal of doubts, it is hereby declared that any ..... income tax appellate tribunal, amritsar of 14.10.1992 in ita no.568 to 570(asr.1991 and 571 to 574(asr)/1991 for the assessment years 1982-83 to 1984-88 and 1985-86 to 1988-89 respectively, deleted addition made by the assessing officer and thus relief of rs.10,36,879/- was granted to the assessee. .....

income-tax Officer and ors. Vs. R.P. Handa

Court : Punjab and Haryana

Reported in : (1994)116CTR(P& H)166; [1994]206ITR537(P& H)

..... income-tax authorities to reduce or waive penalty, etc., in certain cases. explanation 2 to sub-section (1) of section 273a of the act was inserted by the taxation laws (amendment) act with effect from october 1, 1984. this explanation was omitted by the finance act, 1985, with effect from may 24, 1985. at the time when the search and seizure of ..... whether on his own motion or otherwise reduce or waive the amount of penalty imposed or imposable on a person under clause (iii) of sub-section (1) of section 271 of the act, if he is satisfied that such person has, prior to the detection by the income-tax officer, of the concealment of particulars of income or ..... between october 1, 1984, and may 24, 1985. it was an explanation added for a specific purpose to cater to cases where search and seizure had taken place and books of account, other documents, money, bullion, jewellery and other valuable articles or things belonging to a person are seized under section 132 of the act. this explanation on .....

Commssioner of Income Tax Vs. Haryana Minerals Ltd.

Court : Punjab and Haryana

Reported in : [2009]313ITR318(P& H)

..... in relation to the assessment year 1984-85. the position would not be different with respect to assessment year 1988 ..... hhc(unamended) alongwith the amendment made by finance act no. 2 of 1991 was considered. applying the ratio of the judgement of hon'ble the supreme court in respect of the assessment year 1984-85 it was held that the benefit of amendment made in section 80hhc by finance act no. 2 of 1991 could not have been extended to the assessee ..... ) of section 80hhc, by finance (no.2) act, 1991 w.e.f. 1.4.1991 ?. 2. mr. yogesh putney, learned counsel for the revenue, at the outset has pointed out that in the case of same assessee earlier in respect of assessment year 1984-85, the tribunal had refused to refer the aforementioned two questions for the opinion of this court .....

Commissioner of Income-tax Vs. Meera and Co.

Court : Punjab and Haryana

Reported in : [1986]161ITR31(P& H)

..... the following two questions of law for our opinion ;'(1) whether, on the facts and circumstances of the case, and on a true interpretation of section 24 of the finance (no. 2) act, 1965, the appellate tribunal was right in law in affirming the decision of the appellate assistant commissioner of income-tax, holding that after having accepted ..... act, 1961, to explain the source of the deposits of rs. 90,000 introduced in its business in the accounting year under consideration ?' 2. the decision in rattan lal's case : [1975]98itr681(delhi) , went up in appeal before the highest court of the land at the instance of the revenue and was set aside in ito v. rattan lal : [1984 ..... the creditor and taxed under the scheme, from investigating the true nature and source of the credits; (iv) that the legal fiction created by section 24(3) of the finance (no. 2) act, 1965, was limited in its scope and could not be invoked in assessment proceedings relating to any person other than the person making the .....

Present : Mr. Sanjay Bansal Senior Advocate with Vs. the Assistant Com ...

Court : Punjab and Haryana

..... to 1992-93.4. the basis of the notices issued to the petitioner is insertion of sub-section (4a) in section 11 of the act by finance act, 1983 w.e.f. 01.04.1984. sub-section (4a) has been again substituted by finance (no.2) act, 1991 w.e.f. 01.04.1992. the relevant statutory provisions before insertion/substitution and after insertion/substitution, for the assessment years ..... for charitable or religious purposes xx xx xx inserted by finance act, 1983 w.e.f. substituted by finance (no.2) act 01. 04.1984 w.e.f. 01.04.1992 (4a) sub-section (1) or sub-section (2) or (4a) sub-section (1) or sub-section (2) or sub- sub-section (3) or sub-section (3a) shall not section (3) or sub-section (3a) shall not apply apply in relation to any .....

Commissioner of Income Tax Vs. Madan Lal and Bros.

Court : Punjab and Haryana

Reported in : (2005)195CTR(P& H)92; [2005]276ITR571(P& H)

..... his statutory liability, where the assessee disputes his liability under the provisions of sales-tax act, etc. it was found impossible for an assessee to comply with section 43b as it stood in the year 1984, and to make it workable, amendments in section 43b were introduced by the finance act, 1987. under the law as amended, if any assessee has paid sales-tax, additional sales ..... the relevant statute in the same year. expln. 2 was, therefore, added by the finance act, 1989, with retrospective effect from 1st april, 1984, for the purpose of removing any ambiguity about the term 'any sum payable' under clause (a) of section 43b.section 43b(a), the first proviso to section 43b and expln. 2 have to be read together as giving effect to the true .....

Commissioner of Income Tax Vs. Keerana Vegetable Products Ltd.

Court : Punjab and Haryana

Reported in : (2005)199CTR(P& H)200

..... about the term 'any sum payable' under clause (a) of section 43b.section 43b, the first proviso to section 43b and expln. 2 have to be read together as giving effect ..... entitled to claim any deduction for it. this was not intended by section 43b. to obviate this kind of unexpected outcome of section 43b, the first proviso was added in section 43b by the finance act of 1987. the proviso makes it clear that the section will not apply in relation to any sum which is actually paid by ..... sum payable' in clause (a) of section 43b was open to the interpretation that the amount payable in a particular year should also be statutorily payable under the relevant statute in the same year. explanation 2 was, therefore, added by the finance act, 1989, with retrospective effect from 1st april, 1984, for the purpose of removing any ambiguity .....

Tuhi Ram Vs. Land Acquisition Collector and anr.

Court : Punjab and Haryana

Reported in : (1992)105CTR(P& H)378; [1993]199ITR490(P& H)

..... by the sale of the land, that is, by conversion of the land into cash. the resultant income is not agricultural income. the explanation inserted in section 2(1a) by the finance act, 1989, with effect from april 1, 1970, makes the position clear when it declares that revenue derived from land shall not include and shall be deemed ..... of land included in items (a) and (b) of section 2(14)(iii) of the act. in order to qualify for such exemption, it is not enough that the land was once agricultural land. it must be agricultural land even at the time of sale/transfer. by the finance act, 1970, with effect from the assessment year 1970-71, ..... district judge enhanced the compensation. the claimants/landholders were awarded solatium and also interest calculated in terms of sections 23(1a) and 28a, as inserted by amending act no. 68 of 1984. the award made by the district judge was challenged in appeal before this court and the compensation and interest payable to the claimants have been finally .....