Judgment Search Results Home > Cases Phrase: finance act 1984 section 23 amendment of section 194 Page 1 of about 16,795 results (0.264 seconds)

P.V. Rajgopal and ors. Vs. Union of India and ors.

Court : Andhra Pradesh

Reported in : 1998(4)ALD268; [1998]233ITR678(AP)

..... in this connection, 1 would draw your attention to sub-clause (vi) of clause (2) of section 17 which was inserted by the taxation laws (amendment) act, 1984, w.e.f 1st april, 1985 but was subsequently deleted by the finance act, 1985 w.e.f. ..... consequently, even before the amendment could take effect, the finance act, 19,85 withdrew the said amendment. ..... consequently, taxation laws (amendment) act, 1984, introduced an amendment with effect from 1-4-1985 inserting sub-clause (vi) to include as a perquisite, the amount of interest where the loan is given interest free and the amount of difference between the interest charged and the notified rate ..... it would then relieve the uninitiated such as house owners from liability such as section 194-1 and also widen the tax net by gathering data relating to total receipts in the hands of each recipient.43. ..... of pay : (1) if any such person and in the cases referred to in section 194, the principal officer and the company of which he is the principal officer does not deduct or after deducting fails to pay the tax as required by or under this act, he or it shall, without prejudice to any oiher consequences which he or it may incur, be deemed to be an assessce in default in respect of the tax : provided that no penalty shall be charged under section 221 from such person, principal officer or company unless the ..... sections 192 - 194, 194-a, b, bb, c, d, e, ee, f, g, h, i, j, k. .....

The Commissioner of Income-tax and the Deputy Commissioner of Income-t ...

Court : Karnataka

Reported in : (2007)207CTR(Kar)620; [2007]293ITR146(KAR); [2007]293ITR146(Karn)

..... this is what the supreme court has ruled:'if the loan granted to an employee without charging any interest or by charging interest at a concessional rate amounts to a benefit for the purposes of section 17(2)(iii) of the act, there was no need for parliament to introduce, by the taxation laws (amendment) act, 1984, the new sub-clause (vi) in section 17(2) of the act. ..... sub-clause (vi) which was introduced in explanation 2 (b) of section 40a(5) of the act included within the meaning of the expression 'perquisite' the amount treated as perquisite under section 17(2)(vi) which also was introduced by the same taxation laws (amendment) act, 1984. ..... in the said case, the cbdt circular considered the finance act of 1999 and the subsequent amendment. ..... the subsequent omission of the said sub-clause by the finance act of 1985 with effect from the date of its proposed insertion was also, made with a view to give relief to salaried tax-payers. ..... if any person (referred to in section 200) and in the cases referred to in section 194, the principal officer and the company of which he is the principal officer does not deduct (the whole or any part of the tax) or after deducting fails to pay tax as required by or under this act, he or it shall, without prejudice to any other consequences which he or it may incur, be deemed to be an assessee in default in respect of the tax. .....

Subarna Plantation and Trading Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)28ITD177(Kol.)

..... the rate of interest was again enhanced from 9 per cent to 12 per cent by the finance act, 1972 with effect from 1-4-1972 and the 12 per cent was substituted for 15 per cent by the taxation laws (amendment) act, 1984 with effect from 1-10-1984. ..... section 201 (1a) of the act was introduced by the finance act, 1966 with effect from 1-4-1966 ..... the reason thereof is that there is an obligation upon the assessee to deduct tax under sections 192 to 195 and to pay the same, according to law, to the credit of the central ..... the assessee admittedly deducted tax under sections 192 to 194 of the act and it failed to pay the deducted amounts to the credit of the central government ..... interest charged by the ito for all the years under consideration was in accordance with the provisions of section 201 (1a) of the act.consequently, the consolidated order of the cit(a) is maintained. ..... however, a penalty notice issued under section 221 of the income-tax act, 1961 would not be wholly bad merely because it related in part to interest in respect of an assessment completed before the commencement of the act of 1961.a similar view was expressed by the hon'ble calcutta high court in the case of anandram gajadhar ..... therefore, the income-tax officer passed orders under section 20k1a) for the respective years and charged interest @ 12 per cent from 30-9-1984 and thereafter @ 15 per cent till 31-1-1985 at ..... the assessee was required to deduct tax under sections 192 to 194 from salary, interest and dividend. .....

Bharat Bijlee Ltd. Vs. V. K. Srivastava, Commissioner of Income Tax an ...

Court : Mumbai

Reported in : 1998(3)ALLMR329

..... of the act by the taxation laws (amendment) act, 1984 w.e.f. ..... was substituted by the taxation laws (amendment) act, 1984 w.e.f. ..... so far as such tax relates to income subject to advance tax and so far as it is not due to variation in the rates of tax made by the finance act enacted for the year for which the regular assessment is made. ..... 264, the amount on which interest was payable under this section has been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be ..... could not have been reduced as a result of any further proceedings under the act whereby the quantum of assessment and consequently the tax payable stood reduced. ..... 156 and the provisions of this act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded.' ..... in this section and ss ..... this section as it stood at the material time reads : ..... determined in the original order of assessment and increase in the tax liability of the assessee as a result of any subsequent order of any higher authority would not affect the amount of interest payable under the said section. ..... such cases and under such circumstances as may be prescribed, the ito may reduce or waive the interest payable by the assessee under this section. ..... 215(1) of the act or enhancement thereof on the basis of the tax determined on revised assessment and in that view of the matter, the iac ('ao') acted illegally and without jurisdiction in levying the interest ..... to 194, s .....

inspecting Assistant Vs. S.R. Bhawsinghka

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1986)15ITD25(All.)

..... -clause (vi) of section 17(2), which was added by the taxation laws (amendment) act, 1984. ..... yard by the company.according to him, this concession amounted to 'perquisite' in terms of section 17(2)(iii)(c) of the income-tax act, 1961 ('the act').according to this section, perquisite includes the value of any benefit or amenity granted at concessional rate by an employer (including a company) to an employee whose income under the head 'salaries', exclusive of the value of all benefits or amenities not provided ..... this clause has been omitted by the finance act, 1985, with effect from 1-4-1985, which alone extended the definition of perquisite to a concession granted by an employer to an employee.according to him, other concessions did ..... , the assessee failed to disclose the primary facts necessary for assessment in regard to the purchase of plot and the provisions of section 147(a) were clearly attracted and rightly applied to his case.9. ..... he then considered whether the assessment could also be reopened under section 147(6) in regard to the valuation of the perquisite provided in the form of rent- ..... the commissioner (appeals) was of the opinion that the provisions of section 147(a) did not apply to the case as the assessee could not foresee that there was any concession in the sale ..... not been taxed in the original assessment and had also not been shown in the return or disclosed to the department, proceedings under section 147(a) of the act were started against the assessee. ..... itd 194 (hyd .....

Rajkot Engineering Association and ors. and Vs. Union of India and ors ...

Court : Gujarat

Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)

..... . it should be noted that when section 44ab was inserted in 1984, the proviso, as it stood when the finance act, 1984, was put on the statute book, read as under : 'provided that in a case where such a person is required by or under any other law to get his accounts audited by an accountant, it shall be sufficient compliance with the provisions of this section if such person gets the accounts of such business or profession audited under such law before the specified date and obtains ..... the main grievance of the petitioners is that parliament has, after duejdeliberations, though if fit not to put a similar provision of compulsory tax audit on the statute book, when an attempt was made by clause 39 of the taxation laws (amendment) bill of 1973 to introduce such a provision since the select committee to which the bill was referred felt, on objections received in that behalf that the proposed provision requiring compulsory audit of assessees, not being companies, by ..... . 'accountant' means a chartered accountant within the meaning of the chartered accountants act, 194, and includes in relation to any state, any person who by virtue of the provision of sub-section (2) of section 226 of the companies act, 1956, is entitled to be appointed to act an an auditor of companies registered in that state ..... . may [1903] 194 us 267 ..... . [1903] 194 us 267 .....

Someswara Cements and Chemicals Ltd. Vs. Union of India

Court : Andhra Pradesh

Reported in : 1992(57)ELT593(AP)

..... section (2) of section 38, as amended vide amendment act ..... the fact that the rules have not been laid before the parliament or that having been laid does not affect the situation that the provisions of sub-section (2) of section 38 continue to be directory and the use of the word 'shall' for laying the notifications before the parliament, since it is not mandatory to lay such rules, by the imputation of the word 'shall' ..... sub-section (1) of section 38 has been substituted by the central excises and salt (amendment) act, 1973 (act 22 of 1973) and sub-section (2) has been substituted by customs & central excises laws (amendment) act, 1988 (act no ..... state of gujarat : [1966]1scr505 the supreme court has held that the rules framed under section 26(5) of bombay agricultural produce markets act (22 of 1939) does not prescribe that rules require validity only from the date on which they ..... of excise duty is given is quite correct but it will have to be seen in the light of the fact that these concessions to mini cement plants were to be in force only upto 31st day of march, 1984 and no concession is to be given beyond the said date and therefore the petitioners have no right to claim the concessions after the due date i.e. ..... issued by the central government in exercise of the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944 and in supersession of the notification of the government of india in the ministry of finance (department of revenue) no. ..... 194 ..... 194 ..... 194 ..... 194 .....

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

..... constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 of the constitution of india declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 of the ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 ..... 226 of constitution of india praying to issue a writ of declaration, or any other appropriate writ, order or direction under article 226 declaring that section 65(105)(zzzzt) of the finance act, 1994 as amended by finance act, 2010 unconstitutional and ultra vires, article 246 of the constitution of india read with entry 54 of list ii of schedule vii and article 14 .....

G.V.Matheswaran Vs. the Union of India

Court : Chennai

..... 33 w.p.nos.14887, 19322, 20982 and 24804 of 2010 are filed seeking a writ of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying or attempting to levy, collect or recover from the land owners of the petitioner, any service ..... 32 w.p.nos.24586 and 24588 of 2010 are filed seeking to declare that (i) the impugned provisions, i.e.section 65(105)(zzzz) read with section 65(90-a) of the finance act, 1994, as amended by the finance act, 2010, as null and void and ultra vires and violative of entry 49, list-ii, seventh schedule, articles 14, 19 and 246(3) of the constitution of india, (ii) section 76(a)(6)(h) and section 77 of the finance act, 2010 as null and void and ultra vires the constitution of india insofar as the petitioners are concerned; and (iii) the notification ..... 51 w.p.no.8932 of 2011 is filed by the tamil nadu slum clearance board, seeking to declare the provision of sub-section 9(a) of section 65 of the finance act, as amended by the finance act, 2007, as invalid and this court is not inclined to go into the same as the said provision is intra vires of the constitution in view of the decision taken by this court in paragraph no.30 above, following the decision in home solutions .....

Commissioner of Income-tax, Kerala Vs. K. Srinivasan

Court : Supreme Court of India

Reported in : AIR1972SC491; [1972]83ITR346(SC); (1972)4SCC526; [1972]2SCR309

..... on a reference being sought the following question of law was referred to the high court :-whether the words 'income tax' in the finance act of 1964 in sub-section (2)(a) and sub-section (2)(b) of section 2 would include surcharge and additional surchargethe high court answered the question in the negative and m favour of the assessee.3. ..... although under the act section 4 is the charging section income tax can be charged only where the central act which, in the present case, will be the finance act enacts that income shall be charged for any assessment year at the rate or rates specified therein. ..... section 2 of the finance act 1971 is to the effect that the provisions of section 2 and of the first schedule to the finance act 1970 shall apply in relation to income tax for the assessment year or as the case may be the financial year commencing on the first day of april 1971 as they apply in relation to income tax for the assessment year commencing on first day of april 1970 with certain modifications set out in the section. ..... section 3(1) of that act read :subject to the provisions of this section the rates of income tax and rates of super tax...imposed by sub-section (1) of section 7 of the indian finance act 1940 shall, in respect of the year beginning on the first day of april 1940 be increased by a surcharge for the purpose of the central government....similar phraseology was employed in respect of surcharge on super tax. .....