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Pati Durga Cold Storage Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1986)18ITD132(Kol.)

..... ) has been whether a cold storage is an 'industrial company' as defined in section 2(1)(d) of the finance acts of 1966 and 1967. ..... (supra) also related to the expression 'industrial company' under section 2(6)(d) of the finance act, 1968. ..... 's case (supra) deals with the word 'power' as used in clause (g) of section 2 of the finance act. ..... however, the commissioner observed that processing did not amount to manufacture and so those two decisions which were concerned with the language used in the definition of an 'industrial company' under the finance acts, were not of any help to the present assessee. ..... several dictionaries to which we have referred, it appears to us, that in the context of the present statute, which has used the expression 'processing' in contradistinction or differently from the expression 'manufacture' the assessce-company was engaged in the act of processing the goods in terms of the finance act at the relevant time. . . . (p. ..... accordingly, the president constituted this special bench under section 255(3) of the act in order to decide the following point : whether, on the facts and in the circumstances of the case, the investment allowance under section 32a of the income-tax act, 1961, could be allowed to a cold storage 5. dr. ..... this appeal has been filed by the assessee against the order dated 31-12-1981 of the commissioner passed under section 263 of the income-tax act, 1961 ('the act') relating to the assessment year 1980-81.2. .....

Daulatram Rawatmull Vs. Commissioner of Income-tax, Central

Court : Kolkata

Reported in : AIR1967Cal547,[1967]64ITR593(Cal)

..... the notice in that case was issued under clause (a) of sub-section (1) of section 34 on 31st january 1962, and the question for consideration was whether after the amendment by the finance act, 1956, a notice could be issued under clause (a) of sub-section (1) of section 34 for reopening any assessment for any of the assessment years covered by subsection (1a) of section 34 when no notice for reopening such assessment had been issued under sub-section (1a) on or before 31st march 1956, the amount of escaped income being rs. ..... . the rest of the judgment of the gujrat high court deals with the effect of the amendment made in section 34 by the finance act, 1966, with which we are not concerned in the instant case ..... 1922, after it had been amended by the finance act, 1956, if no such notice had been issued under sub-section (1a) of section 34 on or before 31st march, 1956. ..... it may he mentioned that section 34 was further amended by the finance act, 1956, and the amendment was of a far reaching character. ..... the gujrat high court, however, considered the legal position prior to the amendment of section 34 by the finance act, 1956. ..... on 17th july, 1954 that is to say more thansix months before the service of the notice under section 34(1)(a) on the assessee four new sub-sections, namely, (1a), (1b), (1c) and (1d) had been inserted in section 34 by the income-tax amendment act, 1954 (act 38 of 1954). .....

Dunlop India Limited (No. 2) Vs. Assistant Commissioner of Income-tax ...

Court : Kolkata

Reported in : [1990]183ITR532(Cal)

..... case, it has been observed that the mere fact that the various amendments proposed by the finance act, 1987, came into force with effect from april 1, 1988, does not necessarily lead to the conclusion that the aforesaid proviso inserted to section 43b with the sole object of explaining the real intendment of the ..... section 43b which was inserted by the finance act, 1987, to obviate unnecessary disallowance of the amount of sales tax for the quarter is merely a declaratory provision which was inserted to clarify the real legislative intention and, thus, it should be held to be applicable since the introduction of section ..... finance act, 1987, merely clarifies the real legislative intention, the same should be made applicable ever since the provision of section ..... have been made, apart from indicating that the recent insertion of the new explanation 2 to section 43b by the finance act, 1989, with retrospective effect from april 1, 1984, does not, in any manner, affect the non-applicability of the main provisions of section 43b with regard to the allowability of sales tax pertaining to the last quarter; which has been ..... as not in default and what should be the character of such discretion or the duty to be exercised in such cases, it has been observed that the discretionary power conferred by section 45 of the income-tax act on the income-tax officer to treat an assessee who has not paid the tax demanded, as not being in default if he has preferred an appeal, is a power exercisable both .....

Abhoy Chandra Bakshi Vs. Commr. of Service Tax, Kolkata

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... he submits that in view of the retrospective amendment, vide section 97 and 98 of the finance act, 2012, no service tax is leviable on the repair and maintenance service of roads. 3. ..... this is an application filed seeking waiver of pre-deposit of service tax of rs.57.90 lakhs and penalty of equal amount imposed under section 78 of the finance act and rs.5,000/- under section 77 of the finance act, 1994. 2. ..... it is their contention that the said services were retrospectively exempted from levy of service tax by virtue of section 97 and 98 of the finance act, 2012. ..... commissioner for deciding the issue afresh, taking into consideration the aforesaid retrospective amendment. .....

Commissioner of Income-tax Vs. Radha Nagar Cold Storage (P.) Ltd.

Court : Kolkata

Reported in : (1980)18CTR(Cal)166,[1980]126ITR66(Cal)

..... the allahabad high court held that they came within the definition of section 2(7)(d) of the finance acts of 1966 and 1967 and as such the assessee-company was an ..... the assessee claimed that it was an industrial company within section 2(6)(c) of the finance act, 1971, and hence entitled to be taxed at the concessional rate of 55 ..... act, 1961, the following question has been referred to this court:'whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the assessee-company was engaged in the processing of goods and was accordingly an industrial company within the meaning of section 2(6)(d) of the finance act, 1968, or under section 2(6)(c) of the finance act, ..... 91itr289(ker) was concerned with the expression 'industrial company' under section 2(6)(d) of the finance act, 1968. ..... got the chillies fumigated by paying charges therefor under a contract other than purchase, it would be considered as a company engaged in the processing of goods and, therefore, fell under the definition of industrial company under section 2(6)(c) of the finance act, 1971. ..... concerned, in view of the arguments advanced before us, with the question whether the assessee came within the ambit of the explanation to section 2(6)(d) of the finance act, 1968. ..... according to the tribunal, it was not proper, when the relevant finance act contains its own definition, to seek support from other acts even though the legislature had not tried to define the expression 'processing .....

Commissioner of Income-tax Vs. Jasrup Baijnath and Sons (P.) Ltd.

Court : Kolkata

Reported in : [1971]82ITR513(Cal)

..... has happended in this case can at all be called dividend within the meaning of the income-tax act or the finance act or both these acts stated above. ..... the income-tax act for the year ending on the 31st day of march, 1958, has made the prescribed arrangements for the declaration and payment within india of the dividends payable out of such profits and for the deduction of supertax from dividends in accordance with the provisions of sub-section (3d) of section 18 of that act ; and (b) is such a company as is referred to in sub-section (9) of section 23a of the income-tax act with a total income ..... manufacture and supply of electricity, then without anything more about accumulated profits being found as a fact, could this reduction of capital be dividend within the meaning of the income-tax act or the finance act. ..... manufacture and supply of electricity, leading to the situation where the company found that its capital was in excess of the requirements of the company, is dividend under the income-tax act read with or without the finance act.19. ..... revenue has to establish in this case that the dividend taken to be dividend in this case was a dividend according to prescribed arrangements within the meaning of proviso (i)(a) of paragraph d of the finance act quoted above. ..... section 18(3d) of the income-tax act refers to the deduction of super-tax from dividends and provides for deduction of such tax at the source and which is expressly recognized in proviso (i)(a) of paragraph d of the finance .....

Seth Sukhlall Chandanmull Vs. A. C. Jain, Income-tax Officer, and Anot ...

Court : Kolkata

Reported in : [1958]34ITR82(Cal)

..... reasonably for purpose of income-tax cannot equally reasonably be re-classified or sub-divided for the purpose of income-tax cannot equally reasonably be re-classified or sub-divided for the purposes of super-tax.i, therefore, hold that finance act, 1951, as applicable to the finance act, 1954, under section 2 of the finance act, 1954, is not ultra vires the constitution and does not infringe the right of equality before the law or the equal protection of the laws. ..... the constitutional power to levy upon incomes of larger amounts a higher rate of tax than that upon smaller incomes, is a question of very grave importance and that the additional income-tax provided by the american tariff act of 1913 known as sur-tax was in the opinion of a great many american lawyers in violation of the principle of equality which require that all taxable income, so far as the amount was concerned, should be treated alike.he also ..... complaint of the petitioner is that in determining the sum payable by him on the basis of the assessment made, the income-tax officer applied the different rates of income-tax, surcharge and super-tax prescribed by the finance act of 1951 as applicable to the finance act, 1954, for the said assessment year. dr. ..... inheritance tax which does not impose a uniform rate but classifies legacies to strangers to blood and imposes higher rates on the larger sums, does not violate the constitutional rule of equality under the fourteenth amendment of the american constitution. .....

Dunlop India Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1992)41ITD582(Kol.)

..... the learned cit( a) also held that the first proviso to section 43b inserted by the finance act, 1987 was applicable from 1-4-1988 and not in the assessment year 1984-85. ..... in support of this claim the assessee relied on first proviso to section 43b inserted by the finance act, 1987 which, as per decision of the tribunal in ito v. k.s. ..... that the said explanation is a mandatory and not clarificatory.we cannot take into account the explanation 2 for disposal of appeal.but there is no injunction prohibiting us for taking into account the first proviso to section 43b introduced through the finance act, 1987 with effect from april 1,1988. ..... the cit(a) concluded "in fine, it may be emphasised that the retrospective amendment of the section by insertion of explanation 2 by the finance act, 1989 sets at naught all the various contentions of the appellant, once it is established that the amount represented statutory liability for excise duty incurred during the year". ..... the court held "having regard to the intent and purport of the provisions of section 43b and the amendments made from time to time, which we have already indicated, this explanation must be held to be only clarificatory in nature and will be effective retrospectively".it is settled law that declaratory or explanatory provisions merely clarify the legal position ..... it was held that section 43 b, as it stood in the year 1984, was found impossible to comply with and to make it workable amendment in section 43b was introduced. .....

Hamilton and Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1991]187ITR568(Cal)

..... the explanation which was added to section 263 with effect from june 1, 1988, has been further amended by the finance act, 1989, to clarify that the said explanation incorporated in the finance act, 1988, must be deemed to have always been in ..... by the finance act, 1988, the provisions of section 263 have been amended to clarify that the commissioner would be competent to revise an order of assessment passed by an assessing officer on all matters except those that have been considered and decided ..... 1) [1987] 165 itr 631, that the assessee could raise the question regarding levy of interest under section 139 before the appellate assistant ..... : [1987]166itr565(cal) that the assessee is entitled to raise an objection to the charging of interest under section 215 in the appeal before the appellate assistant ..... cit : [1987]167itr86(cal) ..... : [1987]167itr86(cal) , this court has in fact recognised the exceptions where there will be no ..... : [1987]167itr86(cal) , this court held that once the order of assessment was under appeal before the appellate assistant commissioner and order is passed by the appellate authority, there is merger of the assessment ..... : [1987]167itr86(cal) , the decision of singho mica ..... : [1987]167itr86(cal) in the following manner ..... : [1987]167itr86(cal ..... : [1987]167itr86(cal) has settled the controversy so far as this court is concerned and, accordingly, when the original assessment order was taken on appeal, though the question involved in the revision by the commissioner was .....

Mrs. Manju Kataruka Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)94TTJ(Kol.)873

..... he shall be liable to pay, by way of penalty, a sum of five hundred rupees.7.2 the amount of penalty of a sum of one thousand rupees and a sum of five hundred rupees as provided for failure to furnish return of income as required under sub-section (1) of section 139 or as required by the proviso to sub-section (1) of section 139 before the end of the relevant assessment year or before the end of due date respectively has been increased to a sum of five thousand rupees by the finance act, 2001, w.e.f. ..... 2) act, 1998, has amended section 192(23) of the it act to provide that loss from house property shall be allowed to be adjusted against salary income at the source, filing of returns has become absolutely necessary to find out that the claim of set off of loss is being correctly ..... looking to the amendments made in section 271f from time-to-time it will be seen that initially w.e.f. ..... 63.2 therefore, section 271f has been amended to provide for a penalty of rs. ..... in this case, both the filing of return of income and the action of the ao initiating penalty have occurred after the amended provision became effective from 1st june, 2001. ..... 5,000 imposed by the ao as per the amended law is found to be in order and the same is confirmed." 3. ..... but, by the amendment effective from 1st june, 2002 a uniform dead line of default in filing of the return is made, i.e. ..... 63.3 this amendment will take effect from 1st april, 1999, and will accordingly, apply in relation to the asst. yr. .....