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Jamnalal Sons Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1989)29ITD164(Mum.)

..... amendment brought about in 1987, our decision is not based on the provisions of sub-sections (3) to (5) of section 45 which were introduced with effect from 1-4-1988 by the finance act, 1987. ..... shareholders at the extraordinary general meeting held at wardha on 23-4-1979 read as under: resolved that pursuant to and in accordance with the provisions of section 149(2a) of the companies act, 1956 and other applicable provisions, if any, of the said act the commencement by the company of the businesses, of importing exporting, selling purchasing or otherwise dealirg in all articles, commodities and things of every kind ..... investment business, on 9-4-1979, at the company's bombay office at bajaj bhavan, 226 nariman point, bombay-21, the directors of the company decided to commence a new business activity and as required by section 149(2a) of the companies act, 1956, the board of directors further decided to take the approval of the shareholders of the company by a special resolution for commencing1 the new business activity. ..... bat for the amendment brought about to section 45 by the taxation laws amendment act, 1984, with effect from 1-4-1985, the appellant would be ..... finally, shri palkhivala argued that section 45 of the it act was amended in 1984 to get over the situation ..... the same section was amended in 1987 with a view to overcome the situation ..... the decision of the cit(a), if confirmed, would mean giving retrospective effect to the amendments of section 45 brought about in 1984 and 1987. .....

imp Power Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)107TTJ(Mum.)522

..... amendment by the finance act, 2003, second proviso to section 43b was deleted and the first proviso was amended ..... that the assessee had debited the amount of legal fees in the p & l a/c which were made outside india on which no tax was deducted and, therefore, the provisions of section 40(a)(i) were squarely attracted.accordingly, the ao disallowed the amount of legal consultation fee paid outside india.6.3 aggrieved by the decision of the ao, the assessee preferred appeal before the cit(a) ..... not require the assessee to deduct tax.we are of the view that there is no conflict in the provisions of section 195 and section 40(a)(i) of the act because the purpose of section 195 is to ensure deduction of tax at source on payments to non-resident which are chargeable under the provisions of this act and section 40(a)(i) also states the same principle in a sense that disallowance of deduction in respect of any sum which is ..... matter of grave concern for each individual.7.11 in view of the above discussions, both in law and in equity, we are of the considered opinion that the provisions of section 43b being not applicable in respect of the employees' contribution towards pf and esic, the orders of the revenue authorities in this regard are justified and, accordingly, we uphold the same. ..... finance act, 1987 ..... 1987, the object of enacting this provision was to take measures for penalizing the employers who misutilised the contribution to pf or any other fund, set up under the provisions of esi act .....

Humayun Suleman Merchant Vs. The Chief Commissioner of Income Tax, Mum ...

Court : Mumbai

..... introduction of sub-section (4) to section 54f of the act by the finance act, 1987 with effect from ..... section 54f of the act introduced into the act with effect from 1st april, 1983 by the finance act, 1982 provides exemption from capital gain on transfer of any long term-capital asset ..... by him before furnishing such return [such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing the return of income under sub-section (1) of section 139] in an account in any such bank or institution as may be specified in, and utilized in accordance with, any scheme which the central government may, by notification in the official gazette, ..... frame in this behalf and such return shall be accompanied by proof of such deposit; and for the purposes of sub-section(1), the amount, if any, already utilized by the assessee for the purchase or construction of the new asset together with the amount so deposited shall be deemed to be the cost of the new asset ..... section (4) to section 54f the finance act, 1978, also amended sub section (1) of section 54f of the act to make it subject to provision of sub-section ..... (f) thus, section 54f of the act as incorporated made available the benefit of exemption to purchase a house within one year (amended to two years) or construct a residential house within a period of 3 years from ..... 97, it is the amended provision which applies. .....

The Jam Shri Ranjitsinghji Spg. and Wvg. Mills Co. Ltd. and Shree Rata ...

Court : Mumbai

Reported in : (2007)109BOMLR2167; 2007(122)ECC267; 2007(148)LC267(Bombay); 2007(218)ELT516(Bom)

..... by the said decision, the apex court while upholding the constitutionality of the retrospective amendment to rule 9 and 49 of the 1944 rules by finance act, 1982, held that the recovery of excise duty on account of retrospective amendment shall be subject to the limitation prescribed under section 11a of the 1944 act.12. ..... cotton mills (supra), the central government amended rule 9 and 49 of the 1944 rules by finance act, 1982 with retrospective effect from 28th february, 1944 by inserting an explanation in each rule. ..... the appellant objected to the finalisation of the provisional assessment inter alia on the ground that in the absence of any show cause notice issued under section 11a of the 1944 act within six months from the date of amendment of rule 9 and 49 of the 1944 rules, recovery of excise duty would be barred by limitation.14. ..... at the outset, it may be noted that the observations made by the apex court in all the above cases regarding the issuance of notice under section 11a of the 1944 act was in the context of the excise duty that became payable on account of the apex court upholding the validity of the amendment to rule 9 and 49 of the 1944 rules with retrospective effect from 28-2-1944. ..... on 30th october, 1987, the apex court finally disposed of a batch of civil appeals, the lead matter being the case of j.k. ..... mills and others reported in : 1987(32)elt234(sc) . ..... : 1987(32)elt234(sc) . .....

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

..... on the facts and in the circumstances of the case, the assessee was entitled to claim deduction of the demurrage charges of rs.1,08,53,980 payable to foreign shipping company on which tax has not been deducted, in view of the provisions of section 172(8) introduced by the finance act, 1997 with retrospective effect from april 1, 1976? ..... earlier, it was amended by the finance act, 1963, w.e.f. ..... we are also not concerned with insertion of section 9a by the finance act 2015 with effect from 1st april, 2016. 19. ..... that where an assessee fails to deduct the whole or any part of the tax in accordance with the provisions of chapter xvii-b on any such sum but is not deemed to be an assessee in default under the first proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee referred ..... carrying out any work)], on which tax is deductible at source under chapter xvii-b and such tax has not been deducted or, after deduction, [has not been paid on or before the due date specified in sub-section (1) of section 139 :] [provided that where in respect of any such sum, tax has been deducted in any subsequent year, or has been deducted during the previous year but paid after the due date specified in sub ..... 1-4-1985 and direct tax laws (amendment) act, 1987, w.e.f. ..... ] (c) omitted by the direct tax laws (amendment) act, 1987, w.e.f. .....

imp Power Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... further by amendment by the finance act, 2003, 2nd proviso to section 43b was deleted and the 1st proviso was amended. ..... esic although the same has been deposited before the due date of filing of return of income.7.7 with regard to the delay in deposit of the employers contribution there are catena of decisions wherein, amendment to section 43 b by way of deletion of 2nd proviso to section 43b and amendment to 1st proviso with effect from 1-4-2004 has been declared of curative nature and hence applicable retrospectively and accordingly payments which have been made before the due date of filing ..... be taken care of particularly in a country like ours where social equality is a matter of grave concern for each individual.7.11 in view of the above discussions, both in law and in equity, we are of the considered opinion that the provisions of section 43b being not applicable in respect of the employees contribution towards pf & esic, the order of the revenue authorities in this regard is justified and, accordingly, we uphold the same. ..... the aforesaid provisions were brought on statute with effect from 1-4-1988, by the finance act, 1987. ..... 495 dated 22-9-1987, the object of enacting this provision was to take measures for penalizing the employers who mis-utilised the contribution to provident fund or any other fund, set up under the provisions of esi act, 1948, or any other fund, for welfare of the employees. .....

Commissioner of Income-tax Vs. International Computers Indian Manufact ...

Court : Mumbai

Reported in : (1990)90CTR(Bom)123

..... the finance act, 1989, further amended explanation (c) with retrospective effect from june ..... was that explanation (c), thereafter, provided that where any order of the assessing officer had been the the subject-matter of any appeal filed on or before or after the 1st day of june, 1987, the commissioner's power under section 263(1) shall extend and shall be deemed always to have extended to such matters as had not been considered and decided in such appeal. ..... also seen that an explanation was inserted in section 263 by the taxation laws (amendment) act, 1984, with effect from october 1, 9184. ..... then provided that where any order passed by the assessing officer had been the subject-matter of any appeal, the commissioner's power under section 263(1) shall extend to such matters as had not been considered and decided in such appeal. ..... ) resulted in the merger of the order of the commissioner of income-tax (appeals) with the order appealed against, thereby ousting the jurisdiction of the commissioner of income-tax from exercising his powers under section 263 of the income-tax act, 1961, in respect of the order appealed against ? 2. ..... the facts and in the circumstances of the case, the tribunal was right in law in holding that the commissioner of income-tax cannot exercise his powers under section 263 of the income-tax act in respect of an assessment order passed by the income-tax officer, after obtaining approval from the inspecting assistant commissioner under section 144b of the act'2. .....

Komal Wazir Vs. Deputy Commissioner of Income-tax

Court : Mumbai

..... mistry, learned senior counsel for the appellant points out that section 158bb of the act has been amended by finance act, 2002 with retrospective effect from 1 july 1995 as relevant is ..... amendment by finance act, 2002 replaced/substituted the original sub-section (c) of section 158bb(1) of the act by a new sub-section (c) consisting of sub-sections (a), (b) and (ca) of the act ..... therefore though the retrospective amendment to section 158bb of the act by the finance act, 2002 would be applicable in case of the appellant, the benefit of the same would be available only on the appellant satisfying the authorities that ..... (1) the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period computed, [in accordance with the provisions of this act, on the basis of evidence found as a result of search or requisition of books of account or other documents and such other materials or information as are available with the assessing officer and relatable to such evidence, as reduced by ..... there being any such entries in the books and/or memorandum the appellant's case would fall under the substituted sub-section (ca) of section 158bb(1) of the act and no amount of income would be reduced on the above account to determine the aggregate of total undisclosed income. ..... retrospective amendment by finance act, 2002 with effect from 1 july 1995 would also extend to undisclosed income covering the period of assessment years 1987-88 to .....

Bombay Goods Transport Association and Another Vs. Central Board of Di ...

Court : Mumbai

Reported in : (1994)121CTR(Bom)32; [1994]210ITR136(Bom)

..... learned counsel further submitted that the meaning of section 194c is further clear from the legislative intent which can be gathered also from the amendment sought to be made by parliament in the year 1987 by the insertion of section 194e of the act by the finance bill, 1987, and the introduction of section 194h in the act by the finance (no. ..... the proposed insertion of section 194e in the act in the year 1987 and insertion of section 194h in the year 1991 further goes to show that, according to the legislature, section 194c was not applicable to 'service contracts' or 'contracts' brought within the purview of deduction of tax at source by section 194h of the act. ..... in the light of the above discussion, we are of the clear opinion that the provisions of section 194c of the act are not applicable to contracts for mere carriage of goods which do not include any other services like loading or unloading. ..... learned counsel submits that the transport services rendered by the members of the petitioner-association do not fall within the scope and ambit of the expression 'any work' in section 194c of the act and, as such, the circular of the central board of direct taxes seeking to extend the said section to payments made on account of transportation charges is wholly illegal and without jurisdiction. .....

Indian Dyestuff Industries Ltd. Vs. Collector of C. Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1995)(75)ELT617Tri(Mum.)bai

..... 234 (sc) that even in regard to the recoveries to be effected under section 52 of the finance act, 1982 giving retrospective effect to amendments made in rules 9 and 49, section 11a would be applicable, which is the provision for recovery of duty short levied, non-levied or erroneously refunded.moreover, there is no dispute that notification no. ..... 201/79 is subject to the provisions of section 11a of the act or the demand could be issued under the provisions of notification no. ..... ), the tribunal have held that section 11a has no application and hence his contention is that the notification itself is a self-contained one enabling recovery. ..... hence if they have allowed this as an input by erroneous construction of law, that can be rectified only by issuing a demand notice under section 11a within the period permissible under the section 11a. ..... this bench has been consistently following the principle that in such cases demand under section 11a is called for. ..... however, the show cause notice came to be issued only on 20-4-1987 which is clearly time barred. ..... hence it directly comes under the purview of section 11a. ..... 201/79, demand has to be issued within the purview of section 11a. ..... ), section 11a is not applicable in the case of reversal of credit to be effected under notification no.210/79-c.e.4 ..... spinning & weaving -1987 (32) e.l.t. ..... reported in 1987 (28) e.l.t. ..... sdr, however, contends that as per the decision of the cegat in the case of hindustan aluminium corporation, reported in 1987 (28) e.l.t. .....