Court : Punjab and Haryana
Reported in : [1963]50ITR537(P& H)
..... argument would have considerable force but for section 13 of the finance act, 1950. ..... section 13 of the finance act is in these terms ..... day of march, 1949 :provided that any reference in any such law to an officer, authority, tribunal or court shall be construed as a reference to the corresponding officer, authority, tribunal or court appointed or constituted under the said act, and if any question arises as to who such corresponding officer, authority, tribunal or court is, the decision of the central government thereon shall be final :provided further that where under any such law, tax is chargeable on the ..... force in any state other than jammu and kashmir a law corresponding to but other than, and act referred to in sub-section (1) or (2) of section 11, such law is hereby repealed with effect from the said date; and if immediately before the said date there is in force in the state of jammu and kashmir a law corresponding to the indian post office act, 1898, such law is hereby repealed with effect from the said date :provided that such repeal ..... was to become refundable to the assessee after two years from its deposit, that is, this amount became refundable on the 7th of may, 1950, and according to sections 43 and 44 of the jaipur act an application for refund had to be made within a period of six months. ..... what had led to the present petition.at this stage it will be proper to set out the relevant provisions of the jaipur act, which are sections 39 to 44, and are in these terms :'39. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1989]179ITR265(P& H)
..... the matter here concerns the burden of proof under section 271(1)(c) of the income-tax act, 1961, in the context of the amendment made therein by the finance act, 1964.2. ..... is what led to the following question of law being referred for the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal was justified in deleting the penalty ignoring the amendment made by the finance act. ..... cit , that in such a situation, the provisions of the explanation under section 271(1)(c) of the act become applicable and when this is so, three legal presumptions arise, namely :(i) that the amount of the assessed income is the correct income and it is in fact the income of the assessee himself, (ii) that the failure of the ..... 1964, to section 271(1)(c) of the income-tax act, 1961, with effect from april 1, 1964 ?'3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)221CTR(P& H)225; [2009]309ITR194(P& H); [2009]177TAXMAN103(Punj& Har)
..... 1st june, 2007 vide finance act, 2007, amending section 92ca(4) of the act to the effect that order of the tpo would be final and binding on the ao and the ao has to determine the ..... before we consider the above questions, it will be appropriate to reproduce the relevant statutory provisions of section 92 (unamended), section 147, section 92 (amended) to section 92f (amended).section 92 (unamended):where a business is carried on between a resident and a non-resident and it appears to the ao that, owing to the close connection between them, the course of business is so ..... finance act, 2001 and further amended vide finance act ..... unless any income chargeable to tax has escaped assessment for such assessment year by reason of the failure on the part of the assessee to make a return under section 139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year.explanation 1-production before the ao of account books or other evidence ..... from which material evidence could with due diligence have been discovered by the ao will not necessarily amount to disclosure within the meaning of the foregoing proviso.explanation 2-for the purposes of this section, the following shall also be deemed to be cases where income chargeable to tax has escaped assessment, namely : (a) where no return of income has been furnished by the assessee although his total ..... : [1987]2scr1 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1998)144CTR(P& H)76
..... 2(1a) by the finance act, 1989, w.e.f. ..... 2(1a) by the finance act, 1989, w.e.f. ..... by the finance act, 1970, w.e.f. ..... 2(1) of the act and that even after the amendment of s. ..... 256(1) of the it act, 1961 (hereinafter referred to as the act), to this court for its opinion :'whether, on the facts and in the circumstances of the case, the tribunal is right in law in upholding the decision of aac that capital gains arising from transfer of agricultural land located ..... 2(47) of the it act, 1961. ..... 45 of the act.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2002)175CTR(P& H)137
..... sub-clause (iii) of section 35b(1)(b) as originally enacted by the finance act, 1968, was as under :'(iii) distribution, supply or provision ..... 'however, vide section 8 of the finance act, 1970, the following words and brackets were added at the end of this clause with retrospective effect from 1-4-1968 :'not being expenditure incurred in india is connection therewith or ..... directly or in association with any other person, any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) referred to in clause (b), he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure incurred during the previous year:provided that in respect of the expenditure incurred after the 28-2-1973, by a ..... income tax officer, accepting the claim made by the assessee in this behalf, on the premises that these expenses fall under sub-clause (iii) of clause (b) of sub-section (1) of section 35b on the ground that the aforesaid sub-section (iii) as interpreted by the tribunal in the various cases cited by the assessee, does not prohibit the allowance of but rather specifically provides for the allowance of the weighted ..... jurisdiction under section 263, held that the assessee was not entitled to deduction under section 35b and, accordingly, directed the income tax officer to amend the original ..... reading of clause (iii) after its amendment makes it absolutely clear that expenditure incurred .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1999]237ITR93(P& H)
..... 35b added by the finance act, 1980 w.e.f. ..... 35b(1) were omitted, as under : 'these amendments will take effect from 1st of april, 1981, and will accordingly apply in relation to the asst. yr ..... 2) act, 1980 [reproduced in (1980) 123 itr 122] it has been stated in respect of the aforesaid amendment, whereby five sub-clauses of cl. (b) of s ..... 6aa was inserted by the it (eighth amendment) rules, 1981 w.e.f. ..... 6aa was inserted in the rules by the it (eighth amendment) rules, 1981, w.e.f. ..... 6aa inserted by the it (8th amendment) rules, 1981 w.e.f. ..... 35b(1) of the act were omitted by the finance (no. ..... keeping in view the amendment made in s. ..... could not be treated to be in the nature of a clarificatory rule for a substantive provision of the act, which was no more on the statute book. ..... : [1993]200itr401(kar) wherein it was held that if the purpose of advertisement could be achieved by sending samples abroad, there was absolutely no reason why such an act of sending samples should be confined to sub-cl. ..... (1) by finance (no. ..... the notes on clauses appended to the finance (no. ..... by finance (no. ..... 256(1) of the it act, 1961 (for short, the 'act'), one at the instance of the assessee and the other on the request of the revenue, seeking opinion of this court on the following questions of law for the asst. ..... 35b of the act permits the benefit of export markets development allowance to a company on certain specified expenditures incurred on the distribution, supply or provisions outside india of the goods, services or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]234ITR214(P& H)
..... sheth's case : [1981]128itr87(bom) and held that the explanation inserted in section 2(1a) by the finance act, 1989, with effect from april 1, 1970, has brought about a change in the law and after that date the sale made of certain specified agricultural lands situated in the municipal limits would attract capital ..... at the instance of the commissioner of income-tax, jalandhar (revenue), the income-tax appellate tribunal, amritsar bench, amritsar (hereinafter referred to as 'the tribunal'), has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in upholding the decision of the appellate assistant ..... the appellate assistant commissioner was of the opinion that the sale of land situated in an urban and semi-urban area used for agricultural purposes would be agricultural income within the meaning of section 2(1) of the act and that even after the amendment of section 2(14)(iii) with effect from april 1, 1970, the income or gains arising from the sale of agricultural land within the municipal limits would not be taxable under section 45 of the act.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1986]157ITR747(P& H)
..... of 135 itr):'to conclude, it must be held that the patent intent of the legislature in amending section 271(1)(c) and in inserting the explanation thereto by the finance act of 1964 was to bring about a change in the existing law. ..... later, when the present act was amended by the finance act, 1964, by causing changes in section 271(1)(c), the efficacy of anwar ali's case : [1970]76itr696(sc) came to ..... on these two additions, the inspecting assistant commissioner initiated penalty proceedings invoking section 271(1)(c) of the income-tax act, 1961, read with the explanation and imposed rs. ..... gurbachan singh , a decision of this court, to contend that sufficiency or otherwise of the evidence to establish whether in a given case, there is concealment of income for levy of penalty under section 271(1)(c) of the act is a pure question of fact and not of law. ..... karnail singh , took the view of the amended law more in accord with anwar ali's case : [1970]76itr696(sc) , but when its correctness was challenged, a full bench of this court in vishwakarma ..... the ratio of anwar ali's case : [1970]76itr696(sc) , which had considered the earlier provision of section 28(1) of the 1922 act, is no longer attracted. ..... : [1970]76itr696(sc) , when thesupreme court interpreted section 28 of the indian income-tax act, 1922. ..... took the view that the inspecting assistant commissioner was not justified in taking the view that mens rea need not be established in the proceedings drawn under section 271(1)(c) of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]256ITR106(P& H)
..... further submitted that the levy of such interest can only be justified under explanation 1 to section 234b as substituted by the finance act, 2001, which had been made applicable retrospectively with effect from april 1, 1989. ..... hearing counsel for the petitioner, we are of the view that the challenge to the vires of the retrospective operation of explanation 1 to section 234b of the act as substituted by the finance act, 2001, is of academic interest only. ..... is no order seeking to justify this levy under explanation 1 to section 234b as substituted by the finance act, 2001. ..... mittal, appearing on behalf of the petitioner, contended that since the liability to pay income-tax had arisen due to computation of profits under section 115ja of the act, the petitioner was not liable to pay the penal interest in view of the decision of the karnataka high court in kwality biscuits ltd. ..... the interesthad been levied vide intimation under section 143(1)(a) of the act dated september 13, 1999, and as per the petitioner's own showing, no appeal was provided against ..... the return was processed under section 143(1)(a) of the act without making any adjustments in the returned income and an intimation dated september 13, 1999, was sent to ..... 2000]243itr519(kar) , the karnataka high court was dealing with a case where income as per the normal computation under the act led to a negative figure and still the assessee was made liable to pay tax on the basis of computation of income under section 115j of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)212CTR(P&H)77
..... the amendment was incorporated on 1st june, 2002, by inserting proviso to section 113 by finance act, 2002. ..... roshan singh makkai has taken the view that the proviso added to section 113 by finance act, 2002, cannot be considered as retrospective in its effect and therefore would not be applicable to the search conducted on 6th april, 2000. ..... it is undisputed that search in this case took place on 6th april, 2000, and the provision with regard to surcharge was added by way of amendment in section 113 of the act on 1st june, 2002. ..... 2005, passed by the cit(a) holding that the search in the present case took place on 6th april, 2000, which was much prior to the date of amendment made in section 113 of the act. ..... 2) with the observation that the surcharge was levied as per the provisions of part i of the 1st schedule appended to finance act, 2000. ..... 22nd may, 2002, imposed surcharge and an application under section 154 of the act filed by the assessee for rectification was dismissed vide order dt, 17th sept. ..... the revenue has filed the instant appeal under section 260a of it act, 1961 (for brevity 'the act'), challenging order dt. ..... on the ground that there was no mistake apparent on the record, the application under section 154 of the act was rejected. ..... it was by the amendment that levy of surcharge on the undisclosed income was specifically provided w.e.f. .....
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