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Amin's Pathology Laboratory Vs. P.N. Prasad, Joint Commissioner of Inc ...

Court : Mumbai

Reported in : 2002(2)ALLMR369; (2002)172CTR(Bom)696; [2001]252ITR673(Bom)

..... he pointed out that by the finance act, 1995, which received the assent of the president on may 26, 1995, section 145(1) of the income-tax act came to be amended, that, before the said amendment, income was computed by following one of the three methods of accounting, viz ..... we now proceed to give reasons :whether the department is right in issuing notice under section 148 of the income-tax act, 1961, for the assessment year 1994-95 on the ground of underassessment within the meaning of section 147 of the income-tax act for having reason to believe that the expenditure of rs. ..... dastur, learned counsel for the assessee, argued that, in the present case also, the assessment under section 143(1)(a) could not have been reopened as there is no allegation of suppression of material facts in the reasons given by the assessing officer ..... he contended that although in the present case, reopening is sought of an order passed under section 143(1)(a), since the impugned notice herein flows from the earlier notice for the assessment year 1994-95, the proviso to section 147 of the income-tax act will also apply to the facts of the present case. ..... in the present case, there was no assessment of the petitioner under section 143(3) in respect of the assessment years 1995-96 and 1996-97. ..... accordingly, notices under section 143(2) of the act seeking clarifications came to be issued ..... he contended that, that notice was given for the assessment year 1994-95 after the petitioner was assessed under section 143(3). .....

M.M.J. Plantations Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2002)83ITD741(Coch.)

..... of the cit(a) is that the interest is to be levied only upto the date of intimation under section 143(1)(a) in terms of the provisions of s, 234b, as they stood prior to the above-mentioned amendment by finance act, 1995, with retrospective effect from 1st april, 1989. ..... 1999, the hon'ble kerala high court directed the tribunal to take a fresh view in the light of certain amendments made in section 234b of the it act by finance act, 1995, with retrospective effect from 1st april, 1989, and also to consider the issue relating to registration of the ..... view of the matter, we find no merit in the contention of the learned departmental representative before us that the interest under section 234b should be levied upto the date of the regular assessment in view of the above-mentioned amendment introduced by the finance act, 1995, and also that the interest should be levied on the tax as applicable to an unregistered firm.5. ..... , 1995, in ita no.755/coch/1994, but such refusal of registration is consequent to or in the course of the assessment framed under section 143(3) and it is not relatable to the intimation sent under section 143(1)(a). ..... assessment was completed on the assessee-firm under section 143(3) on 29th march, 1994, and in this assessment order interest under section 234b was levied at an amount of rs. ..... 29th march, 1994, assessed the total income ..... , 1994, it has been held that the firm is not entitled to registration and the status of the firm should be treated as ..... , 1994, for the .....

Commissioner of Income Tax Vs. Satish Traders

Court : Madhya Pradesh

Reported in : [2001]247ITR119(MP)

..... of the return, by the finance act, 1990, clause (iii) was inserted in section 28 of the income tax act, 1961, with retrospective effect from ..... it has been held as follows :'in the present case, as we have already pointed out above, at the time when the assessee filed the return, the finance act of 1990, had not come into being, much less making it to be retrospective with effect from 1-4-1967. ..... filed by the assessee was processed under section 143(1)(a) of the act and an intimation under section 143(1)(a) of the act dated 23-7-1990, was issued to the ..... therefore, construing sections 139, 143(1a) and section 28(iiib) cumulatively, the effect would be that where the assessee has voluntarily filed the return at the time when a particular law was in existence and, if it is retrospectively amended, the assessee cannot be held liable for filing a wrong return and cannot be subjected to ..... borne in mind that the retrospective operation of the amendment did not mean to put the assessee in trap ..... inadmissible' appearing in clause (iii) of the first proviso to section 143(1)(a) has to be understood in proper perspective. ..... a subsequent amendment in the act, the said ..... section 143(1a) will only come into play when the return is filed and it is found to be wanted by the assessing officer, then it will expose the assessee ..... section 143(1)(a), no doubt empowers the assessing officer to make the adjustment but no adjustment for the purpose of levy of additional tax can be permitted to be made in the light .....

Deputy Commissioner of Income Tax Vs. Manish Organics India Ltd.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2000)68TTJ(Ahd.)504

..... the amended section 143(1a) has been made operative by the finance act, ..... by the legislature to be a penalty as amply demonstrated by the fact that explanation 6 to sub-section (1) of section 271, introduced by the direct tax laws (amendment) act, 1989 provides that where any adjustment is made in the income or loss, declared in the return under the proviso to clause (a) of sub-section (1) of section 143 and additional tax charged under that section, the provisions of sub-section (1) of section 271 for imposition of penalty would not apply in relation to the adjustments so made. ..... section 143(1a)(a)(ii) has been brought on the statute book in the present form by the finance act, 1993, which has ..... in the instant case, returns for both the assessment years have been filed prior to enactment of amended section 143(1a) and, therefore, the assessee could not be inflicted penal liabilities on account of additional tax for the assessment year under consideration ..... the commissioner (appeals), dated 23-4-1993, for assessment year 1990-91.the only ground taken by the revenue is against the direction of the commissioner (appeals) that the additional tax under section 143(1a) is not chargeable when total income after making adjustments under section 143(1)(a) is a loss.the facts in brief are that the assessee filed a return for assessment year 1990-91 showing loss of rs. ..... union of india (1994) 210 itr 121 (ker).a contrary view, however, has been taken by the hon'ble gauhati high court in the case .....

Commissioner of Income Tax Vs. God Granites

Court : Karnataka

Reported in : (1999)156CTR(Kar)327

..... which were passed in appeal by the first appellate authority and the tribunal has not been challenged by amending the writ petition or by filing a reference petition under section 256 claiming a question of law said to be arising from the order of the tribunal. ..... assessment thereon was completed under section 143(3) of the act on 24th march, 1994, on a total income ..... 2 of 1991 bringing about the amendment to the provision of section 80hhc of the act by inserting twelfth schedule in the correct perspective the cbdt revised its opinion and issued the subsequent circular extending the benefit to the exporters of cut and polished granite blocks and not to ..... it seems the attention of the supreme court was not drawn to the fact that a crucial amendment was made with effect from ist april, 1991, and the circular, if at all, had relevance only in respect of the period after 1st ..... filed by the association of exporters of granite that cbdt had misunderstood the import of the finance act no. ..... the profits from the export sales of granite outside india entitling the petitioner to the benefit of section 80hhc as amended by finance (no. ..... clarificatory amendments in law are always retrospective unless the ..... with effect from ist april, 1991, the words 'other than processed minerals and ores specified in the twelfth schedule' were added by finance (no. ..... this judgment would not affect the merits of the present case as it is relatable to the assessment years before the coming into force of finance (no. .....

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

Court : Guwahati

..... to section 143 of the act was amended by the finance act, 1994, providing therein that the intimation sent to the assessee shall be deemed to be an order for the purpose of also section 246 which ..... , 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 ..... 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 ..... 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 .....

Deputy Commissioner of Vs. Nimar Kshitriya GramIn Bank

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (1998)64ITD190Indore

..... under sub-section (1a) of section 143 and made further amendment by finance act, 1993 ..... amendment under section 143(1a) of the act was brought to the statute by the finance act ..... after the amendment brought under section 143(1a) by the finance act, 1993 w.e.f ..... proper application of this amended provision, we should examine the intentions of the legislature, since beginning when this provision was brought to the statute and an amendment was made therein by the finance act, 1993, with retrospective ..... 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 (1) of clause (a) of sub-section (1); (b) in a case where the loss so declared under sub-clause (ii) of this clause or the aforesaid adjustments have the effect of converting that loss into income calculate a sum (hereinafter referred to as additional ..... about the exigibility of the additional tax in the assessee's case when he has declared the loss in its return, we feel it proper to reproduce provisions of section 143(1a) for our ready reference, which are as under :- "143(1a)(a) whereas as a result of the adjustments made under the first proviso to clause (a) of sub-section (1) - (ii) the loss declared by such person in the return is reduced or is converted into income, (a) in a case where the increase in income under ..... india [1994] 210 itr 121 and made an observation as under :- "the object of section 143(1a) is .....

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

Court : Kerala

Reported in : [1998]234ITR165(Ker)

..... court in the 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. ..... this contention 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 also. ..... 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 constitution of india.2. ..... according to the 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 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 assessed losses after adjustments. ..... union of india : [1994]210itr121(ker) . .....

Kerala State Coir Corporation Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1994)121CTR(Ker)245; [1994]210ITR121(Ker)

..... the commissioner of income-tax in his order, exhibit p-5, relied on the retrospective amendment introduced to section 143(1a) by the finance act of 1993, with retrospective effect from april 1, 1989, under which additional tax was made leviable even in cases where the net result wasa loss after carrying out the adjustments. ..... the third respondent, assessing authority, accepted the return by his proceedings, exhibit p-3, dated october 24, 1991, under section 143(1)(a) of the act. ..... apart from that the object of section 143(1a) is prevention of tax evasion. ..... 44,05,251 under section 143(1a) and demanded the said amount from the petitioner. ..... the section is invoked only when the return filed does not accord with the realities. ..... 1907 of 1994 to declare the said amendment as beyond the legislative competence of the union under entry 82 of list i to the seventh schedule to the constitution and as ultra vires articles 14 and 265 of the constitution.4. ..... 2016 of 1994, is also filed in similar circumstances.5. ..... the petitioner is an assessee to tax under the income-tax act, 1961 ('the act'). ..... 1907 of 1994.2. .....

Arihant Builders Developers and Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Indore

Reported in : (2007)106ITD10Indore

..... effect from april 1, 1998, the second proviso to section 143(l)(a) was substituted by the finance act, 1997, which was operative till june 1, 1999. ..... act of 1991 with effect from october 1,1991, and subsequently with effect from june 1, 1994, by the finance act, 1994, and ultimately omitted with effect from june 1, 1999, by the explanation as introduced by the finance (no ..... 2) act of 1991 an intimation sent to the assessee under section 143(l)(a) was deemed to be an order for the purposes of section 246 between june 1, 1994, to may, 31, 1999, and under section 264 between october 1* 19991, and may, 31, ..... is also not disputed by shri choudhary that intimation sent by the assessing officer under section 143(1) after amendment of the sub-section as noted by the hon'ble delhi high court is not an "assessment". ..... it is a case of assessment year 1992-93, but we find that the provisions of section 44ad of the income-tax act, 1961, have been inserted into the income-tax act, 1961, with effect from 1.4.1994 provided in sub-section (1) special provision for computing profits and gains of business of civil construction. ..... though strictly these provisions are inserted in the act with effect from 1.4.1994, but these provisions could be a guideline for the purpose of applying a particular net profit rate in the case of the civil contractor even in earlier ..... 952/ind/1994 reference under section 256(1) was made before the ..... , indore bench dated 19^th july, 1994, for assessment year 1991-92 in the case of .....