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Sati Oil Udyog Ltd. and anr. Vs. Commissioner of Income-tax and ors.

Court : Guwahati

..... court and the allahabad high court, the union of india has filed special leave petitions before the supreme court, which are pending, but in the meanwhile, the legislature, in the finance act, 1993, has clarified the law by amending sub-section (1a) of section 143 of the act providing therein that additional income-tax is payable not only where the income as declared by the assessee is increased but also where the loss as declared by the assessee is either reduced ..... he pointed out that prior to the impugned amendment to section 143(1a) by the finance act, 1993, the direct tax laws (amendment) act, 1989, had introduced section 145(1a) with effect from april 1, 1989, and in sub-section (1a) of section 143 as introduced with effect from april 1, 1989, provision was made imposing additional income-tax on the assessee where, as a result of the adjustments, the total income of the assessee exceeded the total income declared by ..... the amendments to sections 143(1) and 143(1a) by the direct tax laws (amendment) act, 1987, the direct tax laws (amendment) act, 1989, and the finance act, 1993, is to ensure that after the assessee files his return of income or loss, the assessing officer sends to him an intimation informing the assessee of the tax, interest or additional income-tax payable by him and the assessee is not unnecessarily called upon to produce evidence in support of his return under sub-section (2) of section 143 of the act for .....

Geo Sea Foods Vs. Addl. Sales Tax Officer

Court : Kerala

Reported in : 2006(1)KLT72; [2006]144STC553(Ker)

..... it was in that background, the finance act, 1993 introduced amendments to section 17 providing that the assessments should be completed within a period of 4 years and as far as the assessments pending as on 1.4.1993, within a period of four years from the date of publication of the act. ..... for the first time, the kerala finance act, 1993 introduced an amendment to section 17 prescribing a period of 4 years. ..... in the case of assessments pending as on 1.4.1993, the second proviso to sub-section (6) thereof stipulated that such assessments should be completed within a period of four years from the date of publication of the kerala finance act, 1993.the scope and ambit of the expression 'assessment pending' occurring in the aforesaid proviso came up for consideration in geo sea foods v. ..... so much so, the scope of their writ petitions is limited only to the impact of second proviso to section 17(6) - 'provided further that all assessments pending as on the 1st day of april, 1993 shall be completed within a period of four years from the date of publication of the kerala finance act, 1993'. ..... but by the introduction of the kerala finance act, 1993, the legislature clearly intended to destroy such finality, by the second proviso to section 17(6),... ..... while the matter was pending before the supreme court, the state introduced a further amendment to the kerala finance act, 2000 inserting a new provision as section 17a. .....

Mohammed Kunju K.M. Vs. Asstt. Commissioner of Comml. Taxes

Court : Kerala

Reported in : 2008(3)KLJ369; 2008(4)KLT157

..... it was in that background, the finance act, 1993 introduced amendments to section 17 providing that the assessments should be completed within a period of 4 years and as far as the assessments pending as on april 1, 1993, within a period of four years from the date of publication of the act. ..... but by the introduction of the kerala finance act, 1993, the legislature clearly intended to destroy such finality, by the second proviso to section 17(6), '...all assessments pending as on first day of april, 1993 shall be completed within a period of four years.... ..... it is her further case that with effect from 1.4.1993 section 17 was amended and sub-sections (6) to (9) were inserted. ..... or other authority, it has become unnecessary for us also to consider the challenge to the second proviso to section 17(6), since the pleading have not been amended.it is also stated in paragraph 7 as follows:the language used in section 17a clearly means that notwithstanding anything contained in section 17 or section 18 or in any judgment, decree or order of any court or tribunal or other authority, assessments for any period prior to april 1, 1993 shall be deemed to be pending and the same could be completed within the permitted time.6. .....

K.M. Mohammed Kunju Vs. Assistant Commissioner of Commercial Taxes, (A ...

Court : Kerala

Reported in : (2009)22VST268(Ker)

..... was in that background, the finance act, 1993 introduced amendments to section 17 providing that the assessments should be completed within a period of four years and as far as the assessments pending as on april 1,1993, within a period of four years from the date of publication of the act. ..... but by the introduction of the kerala finance act, 1993, the legislature clearly intended to destroy such finality, by the second proviso to section 17(6), ...all assessments pending as on first day of april, 1993 shall be completed within a period of four years ..... is her further case that with effect from april 1, 1993 section 17 was amended and sub-sections (6) to (9) were inserted. ..... in other words, the decision in geo seafoods' case [2000] 119 stc 236 having taken the view apparently following the the decision in iswara bhat's case : [1993]200itr238(ker) that assessment has to be completed within a reasonable period of time, the effect was that the amendment to section 17 by inserting sub-sections (6) to (9) was robbed of their efficacy by throwing a shadow of doubt over the power of the assessing authority to make orders of assessment in respect of matters, which could ..... sales tax officer iv [2000] 119 stc 236 : [2000] 8 ktr 21 has, inter alia, held as follows:the time-limit of four years for completing the assessments have been fixed by the amendment to the kgst act, 1963 in 1993, that does not mean that only those assessments which were pending for four years and less could be continued. .....

Steel and Industrial Forgings Ltd. Vs. Deputy Commissioner of Income T ...

Court : Kerala

Reported in : (2003)183CTR(Ker)394; [2003]264ITR100(Ker)

..... 's case and in aluminium industries' case supra are cases of loss returns where even after the prima facie adjustments made under section 143(1)(a) was a loss and this court was concerned with the validity of the amended provisions of section 143(1a) made by the finance act, 1993, with retrospective effect from 1st april, 1989. ..... however, the amendment to section 143(1a) made by the finance act, 1993, with retrospective effect from 1st april, 1989, got over the said decision and as per the said amendment act, additional tax can be levied even in such cases. ..... income, as a result of the adjustments made under the first proviso to clause (a) of sub-section (1), exceeds the total income declared in the return by any amount, the ao shall, (i) further increase the amount of tax payable under sub-section (1) by an additional income-tax calculated at the rate of twenty per cent of the tax payable on such excess and specify the additional income-tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1) : ' section 143(1a) as amended by the finance act, 1993, w.e.f. ..... whether additional tax under section 143(1a) was attracted having regard to the retrospective amendment to section 143(1a) of the act ?'6. ..... the tribunal, as we already noted, has allowed the appeal filed by the department restoring the order of the ao on the basis of the two decisions of this court upholding the validity of the amended provisions of section 143(1a) of the act. .....

Steel and Industrial Forgings Ltd. Vs. Dy. Cit

Court : Kerala

Reported in : [2003]131TAXMAN192(Ker)

..... of sub-section (1), exceeds the total income declared in the return by any amount, the assessing officer shall,(i) further increase the amount of tax payable under sub-section (1) by an additional income-tax calculated at the rate of twenty pet, cent of the tax payable on such excess amount and specify the additional income-tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1);'section 143(1a) as amended by the finance act, 1993 with effect ..... after the prima facie adjustments made under section 143(1)(a) was a loss and this court was concerned with validity of the amended provisions of section 143(1a) made by the finance act, 1993 with retrospective effect from 1-4-1989. ..... the amendment to section 143(1a) made by the finance act, 1993 with retrospective effect from 1-4-1989 got over the said decision and as per the said amendment act additional ..... that the provisions for levy of additional tax even where the net result is a loss after carrying out adjustment is intended to prevent evasion of tax and the amendment of section 143(1a) levying additional tax with retrospective effect from 1-4-1989 does not violate articles 14 and 265 of' the constitution. ..... section 143(1a) was attracted having regard to the retrospective amendment to section 143(1a) of the act ..... appeal filed by the department restoring the order of the assessing officer on the basis of the two decisions of this court upholding the validity of the amended provisions of section 143(1a) of the act. .....

Aluminium Industries Ltd. Vs. Deputy Commissioner of Income-tax (Asses ...

Court : Kerala

Reported in : [1998]234ITR165(Ker)

..... said decision has held that the provision for levy of additional tax even where the net result is a loss after carrying out adjustments is intended to prevent evasion of tax arid that the amendment of section 143(1a) by the finance act, 1993, levying additional tax with retrospective effect from april 1, 1989, does not violate articles 14 and 265 of the constitution.3. ..... of learned counsel for the petitioner has no force in view of the amendment made to section 143(1a) of the act which specifically provides for levy of additional tax even in a case of loss ..... petitioner, in a case where a loss return is filed and even after the prima facie adjustments as contemplated under section 143(1)(a) of the act where the resultant figure is again a loss, there is no question of levy of additional tax at all. ..... the petitioner has, by way of amendment, sought additional relief for quashing section 143(1a) and in particular sub-clause (b) of clause (a) to the extent it levies additional income-tax on the loss declared by the assessee and also for a declaration that section 143(1a)(a)(b) is ultra vires the provisions of articles 14, 19 and 265 of the ..... the petitioner has challenged the retrospective amendment of section 143(1a) especially sub-clause (b) of clause (a) as void, inoperative and unconstitutional in so far as it levies additional tax on ..... the first respondent-assessing authority issued intimation under section 143(1)(a) of the act, whereby he determined the net losses for the aforesaid .....

Sumerpur Co-operative Marketing Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... this ground was not pressed as there was an amendment in section 143(1a) by the finance act, 1993, retrospectively w.e.f. ..... he explained the extent and ambit of the prima facie adjustments to be made under the first proviso to section 143(1)(a) and empowers for the following adjustments : (i) only apparent arithmetical errors in the return, accounts or documents, accompanying the return, (ii) loss carried forward, deduction, allowance or relief ..... the learned authorised representative submitted that the learned cit(a) erred in holding that the provision of section 143(1)(a) permits the ao to make adjustment in respect of assessee's claim regarding sales-tax, gratuity and ..... 1st april, 1988, which has omitted section 34(1) of it act, 1961, and accordingly, the assessee is no longer obliged to furnish the prescribed particulars of the assets which were required under rule 5aa ..... pathania (supra)].similarly while making prima facie adjustments under section 143(1)(a) depreciation cannot be disallowed for lack of particulars of ..... cit(a) upheld the order of the ao and held that the ao was entitled to make adjustment/disallowance under section 143(1)(a) for inadmissible claim in the absence of evidence.2. ..... one could not read into section 143(1)(a) more than what was provided, which would result in the section becoming arbitrary or unreasonable [ref ..... , it could not be said that disallowance could be made under the first proviso to section 143(1)(a) for lack of proof or inadequacy of evidence. .....

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

..... though the legislature was conscious that the provisions of section 143 (1a) and 271(1)(c) are pari materia and were similarly interpreted by different high courts, while section 143(1a) was amended by finance act, 1993 with retrospective effect from 1.4.1989, the provisions of section 271(1)(c) have been amended much later by finance act, 2002 with prospective effect from 1.4.2003.29. ..... it was because of these decisions that section 143(1a) was amended by the finance act, 1993 in exactly the same manner as the finance act, 2002 amended section 271(1)(c) and explanation 4(a). ..... the finance act, 1993 amended section 143 (1a) of the act with retrospective effective from 1.4.1989 to specifically provide for levy of additional tax in a situation where the loss declared by the assessee is reduced or is converted into his income. 25. ..... learned counsels appearing in different appeals filed by the assessee assailed the impugned judgment by contending that provisions of section 271(1)(c)(iii) prior to 1.4.1976 and after its amendment by the finance act, 1975 with effect from 1.4.1976, later provisions being applicable to the assessment year in question, being substantially the same, the high court in the impugned order erred in distinguishing prithipal singh's case (supra), and .....

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

..... it may be mentioned here that in view of the aforesaid decision, section 143(1a) of the act has been amended by finance act, 1993, with retrospective effect from 1st april, 1989 specifically providing for the levy of additional tax where the loss declared by such persons in the return of income is reduced or ..... it may also be useful to consider the provisions of section 143(1a) before the amendment by finance act, 1993, which reads as follows :'where, in the case of any person, the total income, as a result of the adjustments made under the first proviso to clause (a) of sub-section (1), exceeds the total income declared in the return by any amount, the ao shall,--(i) further increase the amount of tax payable under sub-section (1) by an additional income-tax calculated at the rate of twenty per ..... legislature amended the provisions of section 143(1a) of the act with retrospective effect but no retrospective amendment has been made under section 271(1)(c) of the act; legislature, vide finance act, 2002, amended section 271(1)(c) of the act w.e.f. ..... 'section 271(1)(c) of the act has been further amended by finance act, 2002, by which ..... was not there and the amendment made by the finance act, 2002, in clause ( ..... confirmed by the apex court still hold good and the amendment by the finance act, 2002, w.e.f. ..... 4 to section 271(1)(c) by the finance act, 2002, there is no manner of doubt that the penalty is leviable even in the cases where no tax is payable and income is assessed at a loss in .....