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Deputy Commissioner of Income Tax Vs. Glaxo Smithkline Consumer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)107ITD343(Chd.)

..... the amendment which was made by the finance act of 1987 in section 43b by inserting, inter alia, the first proviso, as remedial in nature, designed to eliminate unintended consequences which may cause undue hardship to the assessee and which made the provision unworkable or unjust in a specific situation ..... the amendment which was made by the finance act of 1987 in section 43b by inserting, inter alia, the first proviso, was remedial in nature, designed to eliminate unintended consequences which may cause undue hardship to the assessee and which made the provision unworkable or unjust in a specific situation ..... looking to the curative nature of the amendment made by the finance act, 1987, it has been submitted before us that the proviso which is inserted by the amending finance act of 1987, should be given retrospective effect and be read as forming a part of section 43b from its inception. ..... 1984-85, or any subsequent year on the ground that he has actually made a payment towards such liability in that year.there was an amendment in section 43b by the finance act, 1987 which may not be relevant for the purpose of present controversy. ..... 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 finance act, 1987, inserted a proviso to section 43b to provide that any sum payable by way of tax or duty, ..... the finance act, 1987, inserted a provision of section 43b to provide that any sum payable by way of tax or duty, .....

Deputy Commissioner of Vs. Groz-beckert Saboo Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2001)77ITD126(Chd.)

..... it was held that amendment of section 27 by the finance act, 1987 was only clarificatory in ..... a result of difference between the learned members constituting the division bench, hon'ble president of the tribunal in exercise of powers conferred on him under section 255(4) of income-tax act, 1961, has referred the issues as mentioned in the following questions, to me to express my opinion as a third member :-- "1. ..... (supra) held that the assessee will be considered to be owner of the building under section 32, if he is in a position to exercise right of ownership not on behalf of person in whom the title vests but in his own ..... that the apex court have given a very wide meaning to the expression 'owner' used in section 32 and the assessee in possession of a building on part payment of price, where bldg. ..... 226 itr 625 (sc), wherein it has been held that in the context of section 22, 'owner' is a person who is entitled to receive income in his own right and the said section did not require registration of the sale deed. ..... corrigendum has not been signed by learned accountant member and the same was never issued so as to carry out the amendment at page 5 of order written by learned judicial member.3. ..... there was difference of opinion on the aforesaid two points, the matter was referred to a third member by the hon'ble president of the tribunal under section 255(4) of the income-tax act, 1961. ..... included within the meaning of the word 'plant' in section 32 and, therefore, was a capital asset. .....

Shri Pardeep Kumar Dhir Vs. A.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... by the finance act, 1987, the language of section 199 was modified to the extent that the credit for the tax deducted at source was provided to be given ..... declared by the assessee on receipt basis.the tax deducted at source from the income of the assessee is akin to the advance tax, so, the credit for advance tax is to be given as per the provisions of section 219 of it act which read as under: any sum, other than a penalty or interest, paid by or recovered from an assessee as advance tax in pursuance of this chapter shall be treated as a payment or tax in respect of ..... or of unit-holder] or of the shareholder, as the case may be and credit shall be given to him for the amount so deducted on the production of the certificate furnished under section 203 in the assessment [made under this act for the assessment year for which such income is assessable].from the above provisions it would be clear that any deduction made and paid to the central government shall be treated as payment ..... regerred to in section 203aa shall be treated as tax paid on behalf of the persons referred to in sub-section (1) or, as the case may be, sub-section (2) and credit shall be given to him for the amount so deducted in the assessment made under this act for the assessment year for which such income is assessable without the production of certificate.it may be pertinent to mention that section 199 quoted above is the section as amended from time to ..... craves for permission to and amend or alter any ground of .....

H.P. State Industrial Dev. Corpn. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2003)87ITD551(Chd.)

..... assessed tax].corresponding to the explanation 2(b) of the provisions of sub-section (3) of section 215 are as under: where as a result of an order under section 147 or section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264 [or an order of the settlement commission under sub-section (4) of section 245d] the amount on which interest was payable under sub-section (1) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly.finance act, 1987 has brought about a significant change in the provisions of the ..... in the rectification order under section 154 dated 10-6-1996, the order sought to be amended was order under section 154 dated 30-11-1993 passed during fy 1993-94. ..... moreover, if view canvassed by the assessee is accepted, the same would lead to defeating the very purpose of the sections for which amendment has been introduced. ..... as regards sub-section (3) of section 215 and explanation 2(b) of section 139(8), the amendment was also introduced by the taxation laws (amendment) act, 1984 w.e.f. ..... however, the provisions of section 215(3) have been amended w.e.f. .....

Deputy Commissioner of Vs. Purewal and Associates Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1994)48ITD568(Chd.)

..... he, therefore, found fault with the reasoning of the learned cit(a) that the return filed was within time.as regards the assessment year 1988-89, it was submitted that the provisions of section 139(10) were clear and unambiguous, and that all returns showing income below the maximum amount of income not chargeable to tax including loss returns were covered by the said provision. ..... as mentioned earlier the power to grant extension of time in the cases of loss returns by the assessing officer was withdrawn by the amendment of section 139(10) by the taxation laws (amendment & miscellaneous provisions) act, 1986 w.e.f. ..... the question whether a loss return filed beyond the statutory period was non est or not in view of the provisions of section 139(10), was not the issue before the tribunal and as such the facts of that case are clearly distinguishable.15. ..... we, therefore, do not accept the reasoning of the learned cit(a) that the loss return for assessment year 1987-88 had been filed in time and hence the return could not be treated as invalid. ..... as regards the tribunal's decision by single member in the case of weston leasing & finance (p. ..... strength has also been derived from the single member decision in the case of weston leasing and finance (p. ..... reliance was also placed on the single member decision in the case of weston leasing and finance (p. .....

income-tax Officer Vs. Keshwa Enterprises (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2006)100ITD365(Chd.)

..... (iii) the provisions of section 32(2) as amended by finance (no. ..... (v) there is nothing to show in the amendment made by the finance act, 2001 which are applicable for the assessment year 2002-03 that those provisions are not to apply in respect of depreciation relating to the assessment years 1997-98 to 2001-02. ..... (iv) in fact the intent and purpose of the amendment made in 1996 has been clarified by the finance minister on the floor of the parliament as under: clause 11 of the bill seeks to amend section 32 of the income-tax act, 1961 relating to depreciation. ..... law was amended with effect from assessment year 1997-98 in the intervening period, there was wide spread apprehension about the treatment of unabsorbed depreciation as on 1-4-1997 and limitation period of 8 years and to allay the fear, the then finance minister made a speech in the parliament which were although already mentioned in the assessee submissions is repeated here at the cost of the repetition: clause 11 of the bill seeks to amend section 32 of the income-tax act, 1961 relating ..... thus as used by the legislatures, amendment and repeal may differ in kind - addition as opposed to withdrawal or only in degree -abrogation of part of a section as opposed to abrogation of a whole section or act: or more commonly, in both kind and degree - addition of a provision to a section to replace a provision being abrogated as opposed by abrogation of a whole section or act. .....

Morepen Laboratories Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2005)95TTJ(Chd.)404

..... section 32 was amended by the finance act, 2001. ..... the ao.2.7 we have considered these submissions of the assessee but the fact remains that in case the assessee is legally entitled to claim depreciation in the assessment framed by the ao on the directions of the cit(a) issued under section 263 of the act, only then the same can be allowed to the assessee irrespective of the fact whether the ao has rightly allowed the part depreciation on the basis of the revised computation filed by the assessee during the ..... ii and for the first time this claim was filed before the ao, while he was passing a fresh assessment order in the light of the directions of the cit(a) issued under section 263 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. ..... it also appears that no appeal has been filed by the assessee against the original assessment and against the order passed by the ao under section 154 of the act.2.1 aggrieved with the order of the ao, the assessee went in appeal before the cit(a) and submitted before him a copy of the letter dt.20th sept. ..... explanation 5 inserted by the finance act, 2001, is also of no help to the appellant. ..... 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. .....

Punjab State Electricity Board Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2004)88TTJ(Chd.)450

..... this becomes specially true in the case of the appellant in view of the fact that in so far as interest on securities is concerned, the finance act, 1986, and finance act, 1987, did not provide for deduction of any surcharge on tax deducted at source in respect of interest on securities. ..... -any person deducting any sum in accordance with the provisions of sections 192 to 194, section 194a, section 194b, section 194bb, section 194c, section 194d, section 194e, section 194ee, section 194f, section 194g, section 194h, section 194i, section 194j, section 194k, section 194l, section 195, section 196a, section 196b, section 196c and section 196d, shall pay within the prescribed time, the sum so deducted to the credit of the central government or as the board directs.201. ..... " the meaning of words "the rates in force" stated in section 193 is to be found in the charging section 4 read with the finance act of the relevant previous year. ..... officer did not find any substance in the claim made by the assessee, treated the assessee as a defaulter and levied interest under section 201(1a) of the income tax act as per details given below : the assessing officer also imposed penalties in the two years under section 271c of the income tax act which was introduced with effect from 1-4-1989, for failure of the assessee to deduct surcharge as under : the assessee challenged the levy .....

Glaxo Smith Kline Consumer Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)112TTJ(Chd.)94

..... insofar as the plea of the revenue based on the amendment made to section 36(1)(iii) by the finance act, 2003 is concerned we may refer to the decision of our co-ordinate bench in the case ..... noted that the amendment under section 36(1)(iii) made by the finance act, 2003 w.e.f. ..... no doubt in terms of the amendment made by the finance act, 2003 by way of insertion of the proviso, the ..... question is 2000-01 whereas the amendment has been made by the finance act 2003 w.e.f. ..... on both these aspects, we do not find any justifiable reasons which would disentitle the assessee from the deduction which is otherwise found allowable to it under section 36(1)(iii) of the act.the fact that in the immediately preceding assessment year, the assessee chose not to claim the deduction cannot be understood to hold the issue against the issue (sic-assessee) if otherwise ..... the relevant assessment years in this regard are 1991-92 and 1995-96.therefore, once it is established that the assessee is entitled to deduction under section 80-1 of the act in the year when the new industrial undertaking was set up it is not thereafter open to the lower authorities to question allowability of deduction in ..... we uphold the stand of the assessee and hereby set aside the order of the cit(a) and direct the ao to recompute the deduction under section 80hhc of the act after excluding the element of excise duty from the total turnover.thus on this issue the assessee succeeds.30. ..... (1987) 28 ttj (cal) 400, rupin investment & trading .....

Sarkaghat Wine Traders Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1996)57ITD385(Chd.)

..... at the time section 44ac was omitted from the income-tax act, section 206c was amended by the finance act, 1992 w.e.f. ..... our attention has been drawn to sub-section (2) of section 44ac which reads as under: (2) for the removal of doubts, it is hereby declared that the provisions of sub-section (1) shall not apply to a buyer (other than a buyer who obtains any goods, from any seller which is a public sector company) in the further sale of any goods obtained under or in pursuance of the sale under sub-section (1).section 44ac was enacted by the finance act, 1988 w.e.f. ..... 1-4-1993.section 206c was also enacted by the finance act, 1988. ..... 1-4-1989 and was subsequently omitted by the finance act, 1992 w.e.f. ..... it was held that l-13 licensees came within the purview of the proviso to section 44ac(1)(a) of the income-tax act and the provisions of section 206c and other parts of section 44ac(1) did not apply to them.the id. ..... there also, application of section 44ac was under examination and it was held that income-tax cannot be deducted from sales made to l-13 licensees by the distilleries under section 206c of the income-tax act.the id. ..... after section 44ac was omitted, the provisions were incorporated to the same effect in section 206c of the act. ..... for the assessee has vehemently argued that the issue stands finally settled by the decision of the jurisdictional high court and there was no question of income being assessed adopting the profit rate specified in section 44ac of the income-tax act. .....