Court : Kerala
Reported in : (2005)196CTR(Ker)391; [2005]275ITR146(Ker); 2005(2)KLT140
..... true that under the amending act by section 18 of the finance act, 1956, authority was conferred upon the income tax officer to assess a person as an agent of a foreign party under section 43 within two years ..... but authority of the income tax officer under the act before it was amended by the finance act of 1956, having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued the notice it is within the period provided by that amending act'.the same view was expressed by the supreme court in various ..... to assess or reassess has lapsed on account of the expiry of the period of limitation prescribed under the earlier statute, the income-tax officer can exercise his powers to assess or reassess under the amending statute which gives, an extended period of limitation, was not accepted in calcutta discount company's case.as we have already pointed out, the right to commence a proceeding for assessment against the assessee as ..... enable the authorities to reopen assessments, which had already attained finality due to bar of limitation prescribed under section 149 as applicable prior to 1.4.1989, would amount to give sub-section (1) a retrospective operation which is neither expressly nor impliedly intended by the amended sub-section.in fact, after the decision of the supreme court a review petition was filed before the learned single judge on the ..... act, 1987, section 147 was substituted by the following section ..... 28.1.1987 .....
Tag this Judgment!Court : Kerala
Reported in : [1994]205ITR412(Ker)
..... in all the circumstances of the case, we are of the view that section 43b of the act, after the amendment by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, and explanation 2 to the section which took effect from april 1, 1984, should be considered to give effect to the proper provisions of law applicable in the instant cases. ..... : [1991]187itr417(ker) ), by judgment dated september 17, 1990, a bench of this court held thus (at page 420) :'in these cases, when the appellate tribunal rendered its decision in the appeals on july 31, 1986, it construed the provisions of section 43b of the act as it stood then, unhampered by the amendments effected in the statute by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989. ..... the effect of these amendments, and, in particular, the change effected by the finance act of 1989, is virtually to supersede the earlier legal position ..... instance of the revenue, the income-tax appellate tribunal has referred the following question of law for the decision of this court :'whether, on the facts and in the circumstances of the case and also on an interpretation of section 43b of the income-tax act, 1961,-- (i) section 43b cannot be applied to the assessee's case ; (ii) the impugned amount cannot be brought to tax in the hands of the assessee for the assessment year under consideration ?' 2. ..... the amendments so introduced later in section 43b of the act have made great inroads .....
Tag this Judgment!Court : Kerala
Reported in : [1997]227ITR582(Ker)
..... amendments introduced to the provisions of section 43b of the act by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, changed the situation with regard to the contents of the provisions of section 43b of the act ..... the finance act, 1989, relating to the amendment made in 1989 by its second proviso to section 43b came to be substituted ..... if this is the position that emerges as a result of the deeming provision arising out of the finance act, 1989, with regard to explanation 2 to section 43b of the act, the obvious result would be that the provisions of section 43b of the act would become operative where the liability to pay the tax or the duty was incurred in the accounting year in question, for which the payment was collected ..... if this is the situation as is clearly available from the provisions of the finance act, 1989, seeking to amend explanation 2 deeming it to be effective on and from april 1, 1984, the assessees would not be entitled to any deduction because the amounts would certainly have to be understood as income ..... explanation 2 also came to be amended by the said amendment--the finance act, 1989 (introducing a deeming provision that the said explanation 2 will have to be deemed to have ..... in question could be brought to tax in the assessment year (1984-85) under consideration, by application of the provisions of section 43b of the income-tax act, 1961, as amended up to date, specially with regard to the assessment year in question. .....
Tag this Judgment!Court : Kerala
Reported in : [1997]227ITR586(Ker)
..... have already observed that the amendments introduced to the provisions of section 43b of the act by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, changed the situation with regard to the contents of the provisions of section 43b of the act. ..... on the facts and in the circumstances of the case, the tribunal was correct in law in holding that in view of the amendment of section 43b by the finance act, 1989, introducing explanation 2, the appellate order dated september 2, 1988, was liable to be rectified and the sum of rs. ..... revenue submitted, as would be found from the order of the tribunaldated march 14, 1991, that as a result of the retrospective amendment of section 43b by the finance act, 1989, there is a mistake of law, apparent on the face of the record. ..... the finance act, 1989, relating to the amendments made in 1989 by its second proviso to section 43b came to be substituted and it came into force on april 1, ..... explanation 2 also came to be amended by the said amendment--the finance act, 1989 (introducing a deeming provision that the said explanation 2 will be deemed to have been inserted with effect from april 1, ..... in the context of the conflicting decisions of the high courts on the interpretation of the amendment to section 43b of the act, the rectification ordered spells out a question of law. 6. ..... whether, in view of divergent views on amendments to section 43b of the income-tax act, the question whether the sales tax liability of .....
Tag this Judgment!Court : Kerala
Reported in : [1991]189ITR165(Ker)
..... in disposing of an identical point by a common judgment dated september 17, 1990, this court held that section 43b of the income-tax act, after amendment by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act of 1989 and explanation 2 to the section which took effect from april 1, 1984, should be considered in order to give effect to the proper position of the law applicable to the instant case. ..... in the circumstances of the case, the amount of unpaid tax collected in the last month of the previous year under consideration which was not claimed as a deduction while computing the income under the income-tax act by invoking the provisions of section 43b of the act could not be brought to tax in the assessment years under consideration ?'2. ..... 41,086 being the sales tax collection in the last month of the year payable to the government before the 20th of the next month, is a permissible addition under section 43b of the act. ..... 211, 212 and 213 of 1987--cit v. ..... 212 of 1987, which was covered by i. t. a. no. ..... 212 of 1987--cit v. ..... 211 of 1987 was heard along with two other cases--i. t. r. ..... 212 and 213 of 1987. ..... 211 of 1987. i. t. r. no. .....
Tag this Judgment!Court : Kerala
Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)
..... cash compensatory support became taxable retrospectively with effect from april 1, 1967, but that was by an amendment of section 28 by the finance act of 1990, which amendment could not have been known before the finance act came into force. ..... dismissed the appeal in view of the retrospective amendment with effect from april 1,1989, of section 143(1a) by the finance act, 1993. ..... clause (iiib) in section 28 of the income-tax act, 1961, was inserted by the finance bill of 1990, which ultimately became the finance act and received the assent of ..... clause (iiib) was inserted in section 28, though having retrospective operation by the finance act, 1990, the assessee did not ..... the substituted section 143(1a) providing for levy of additional tax even in a case of disallowance of loss, treating the amount disallowed as income of the assessee, was given retrospective effect from april 1, 1989, by the finance act, 1993, which received the assent of the ..... tax that would have been chargeable had such total income been reduced by the amount of adjustments and specify the additional income-tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1) ; (b) in a case where the loss so declared is reduced under sub-clause (ii) of this clause or the aforesaid adjustments have the effect of converting that loss into income, calculate a sum (hereinafter ..... it was by the amendment act of 1987 that section 143 was substituted in the income-tax act to introduce a new scheme of assessment .....
Tag this Judgment!Court : Kerala
Reported in : [1991]187ITR417(Ker)
..... in all the circumstances of the case, we are of the view that section 43b of the act, after the amendment by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989, and explanation 2 to the section which took effect from april 1, 1984, should be considered to give effect to the proper provisions of law applicable in the instant cases ..... these cases, when the appellate tribunal rendered its decision in the appeals on july 31, 1986, it construed the provisions of section 43b of the act as it stood then, unhampered by the amendments effected in the statute by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989. ..... for the revenue drew our attention to section 43b of the act as it was originally inserted and also the amendments made thereto by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act, 1989. ..... it was submitted that the amendment made in 1989 by the finance act, 1989, whereby the second proviso to section 43b was substituted as it exists today, took effect from april 1, ..... the effect of these amendments, and, in particular, the change effected by the finance act of 1989, is virtually to supersede the earlier legal ..... for the assessees/respondents referred to us section 43b of the act as it was inserted in the statute book on april 1, 1984, and the notes on relevant clauses in the finance bill relating thereto, to contend that section 43b of the act is inapplicable herein. .....
Tag this Judgment!Court : Kerala
Reported in : [1999]240ITR668(Ker)
..... it is further submitted that the amendment by way of the finance act, 1987, was introduced with effect from june 1, 1987, only for the purpose of removing a doubt in this regard.4. ..... the point that is now taken by the petitioner is that the return filed for the year 1978-79 is for the period ending on march 31, 1979, and that cancellation of registration under section 186 of the act can be made only within a period of eight years from march 31, 1979, i.e. ..... income-tax act reads :'for the removal of doubts, it is hereby declared that nothing contained in section 153 shall apply to any order passed under sub-section (4) or to any order of assessment, reassessment or recomputation required to be made by the assessing officer in pursuance of any directions contained in such order passed by the settlement commission and nothing contained in the proviso to sub-section (1) of section 186 shall apply to the cancellation of the registration of a firm required to be made in pursuance of any such directions ..... or, in other words, to put it straight and direct whether the words occurring in section 245d(8) 'for removal of doubts' would refer to and qualify both first part of the said section as well as the second part or whether they will apply only to the first part. .....
Tag this Judgment!Court : Kerala
Reported in : [1988]69STC119(Ker)
..... we therefore hold that the levy on cooked food as per entry 57 of the first schedule and the levy on liquor as per entry 4 of the fifth schedule to the act as amended by the kerala finance act 18 of 1987 are perfectly valid and the challenge against the same as violative of article 14 is clearly unsustainable.13. ..... as per sub-section (2) of section 1, the finance act, 1987 shall be deemed to have come into force on the 1st day of july, 1987. ..... section 2(2) of the finance act amends section 6(1) substituting clauses (ii) and (iii) by clauses (ii) to (v) introduced by the amendment. ..... state of bihar (1983) 4 scc 45 upheld the validity of section 5(3) of the bihar finance act which imposed a levy of surcharge on every dealer whose annual turnover exceeds rs. ..... counsel appearing for the petitioners challenge also the validity of section 1(2) of the kerala finance act 18 of 1987 as per which the act is brought into force with retrospective effect from 1st of july, 1987. ..... the schedules to the act are also amended and the fifth schedule is introduced by amending sub-section (1) of section 6. ..... as per entry 36 of the first schedule of the act as it stood prior to the amendment 'liquor other than foreign liquor, arrack and toddy' was liable to tax at 55 per cent at the point of first sale in the state by a dealer who is liable to tax under section 5. .....
Tag this Judgment!Court : Kerala
Reported in : [1996]221ITR619(Ker)
..... the supreme court after quoting the explanation and the provisions of section 28(1)(c) of the indian income-tax act, 1922, considered the question whether the principles laid down by the supreme court in anwar all's case : [1970]76itr696(sc) rendered under the provisions of the 1922 act, which is similar to the unamended provisions of section 271(1)(c) of the income-tax act, 1961, continue to be good law even after the amendment of the said law by the finance act, 1964. ..... the second limb of the question, namely, after the amendment of section 271(1)(c) and the introduction of explanation thereto by the finance act, 1964, with effect from april 1, 1964, whether the burden of establishing concealment continues to be on the ..... the cases to which the said explanation is attracted have to be decided in the light of the law enunciated in mussadilal ram bharose's case : [1987]165itr14(sc) and sadayappan's case : [1990]185itr49(sc) .' 38. ..... mussadilal ram bharose : [1987]165itr14(sc) , and the principles of law applicable in a situation of this type to the facts of this case and, therefore, the decision is not sustainable.'37 ..... mussadilal ram bharose : [1987]165itr14(sc) , this court summarised the position in the following words (page 22) : the position, therefore, in law is clear ..... saraf trading corporation [1987] 167 itr 909 and on a review of the entire position ..... shri pawan kumar dalmia : [1987]168itr1(ker) .27. ..... ram bharose : [1987]165itr14(sc) .33. ..... ram bharose : [1987]165itr14(sc) . .....
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