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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. .....

Jhalani Tools (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)69ITD273(Delhi)

..... 143(1)(a) after amendment by way of explanation inserted vide finance act ..... 28(iiib) does not specifically mention iprs receipts and as to whether cash assistance mentioned in that section will cover iprs receipts or not require lot of debate and at least is not free from ..... also agree with the learned counsel shri sapra that in view of the specific order passed by the ao on 19th august, 1994, consequent upon the order of the tribunal dt. ..... 143(3) had already been passed on 28th november, 1994, in which the above issue had been discussed against which appeal before the tribunal is pending and that issue about addition under s.143(1)(a) is already closed and does not call for any fresh ..... 13th july, 1994, the impugned intimation under s.143(1)(a)/254, ..... 143(3) and after giving effect to the earlier tribunal order on 19th august, 1994.the learned counsel further submitted that in view of hon'ble supreme court judgments sutlej cotton mills ltd. ..... 143(3) on 28th november, 1994, and earlier under ..... 13th july, 1994 (wrongly mentioned as 29th july, 1994 by ao) in ita ..... 13th july, 1994 had not decided that the issue was controversial and, therefore the observations in both the order of the tribunal, as relied upon by the learned counsel for the assessee, were of no ..... 13th july, 1994, restored back the matter to the file of the ao because it felt that 'anything which could be controversial issue could not be brought within the ambit of prima facie adjustment' and by relying on the supreme court judgment .....

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 .....

income-tax Officer Vs. D. M. Enterprises

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)67ITD123(Delhi)

..... (1)(ii) by not submitting the instrument of partnership alongwith return of income furnished on 27-12-1993.therefore, the assessing officer was bound to adopt the status of 'aop'in view of clear provisions contained in section 185 of the act.he submitted that the provisions of section 143(1)(a) clearly provide that if any tax or interest is found due on the basis of such return, an intimation shall be sent to the assessee specifying the sum so payable and such intimation shall be deemed to be a notice of demand issued under ..... submitted that the provisions of section 184(1) as inserted by the finance act, 1992 w.e.f. ..... by the assessee as aop and deduction in respect of remuneration to working partner was also not allowable.hence, the assessing officer was justified in adopting the status as aop and charging tax at maximum marginal rate, as per section 167b(2).he contended that the aforesaid action of the assessing officer of adopting the status of aop is not only covered by the permissible prima facie adjustments enumerated in the proviso ..... he will have to further ascertain whether the total income of any member/partner exceeds the maximum amount which is not chargeable to tax in the case of that member as per the finance act of the relevant year. ..... it was also observed that no appeal is maintainable against the order under section 185 in accordance with the amended provisions of section 246 of the act.5. ..... 689, dated 24-8-1994 to support such a conclusion arrived at by him. .....

income Tax Officer Vs. D. M. Enterprises

Court : Delhi

Reported in : (1998)61TTJ(Del)423

..... the learned departmental representative submitted that the provisions of section 184(1) as inserted by the finance act, 1992 with effective from 1-4-1993, clearly provide that a firm shall be assessed as a firm if the partnership is evidenced by an instrument and the individual shares of the partners are specified in that instrument ..... on or after the 1st day of april, 1993 into the assessment year commencing on or after the 1st day of april, 1993, in respect of which assessment as a firm is first sought.explanation.for the purposes of this sub-section, the copy of the instrument of partnership shall be certified in writing by all the partners (not being minors) or, where the return is made after the dissolution of the firm, by all persons (not being minors) who were ..... considered the submissions made by the learned representatives of the parties and have gone through the orders of the learned departmental authorities.7.1 the relevant provisions are reproduced hereunder :(a) section 143(1)(a) :'143(1)(a).where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142,(i) if any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount ..... was also observed that no appeal is maintainable against the order under section 185 in accordance with the amended provisions of section 246 of the act.5. ..... 689, dated 24-8-1994 to support such a conclusion arrived at by .....

Dr. (Mrs.) Devinder Kaur Sekhon Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (1998)67ITD407(Chd.)

..... he submitted that in spite of amendment by the finance act, 1995 in section 234b whether the proceedings for reassessment could be treated as proceedings for regular assessment in view of the case law mentioned in the written submissions, referred to ..... cited.it is observed that while hon'ble supreme court held in the case of rama bai (supra) that interest on enhanced compensation for land compulsorily acquired under the land acquisition act, 1894, awarded by the court on a reference under section 18 of the said act or on further appeal has to be taken to have accrued not on the date of the order of the court granting enhanced compensation but as having accrued year after year from the date ..... therefore, held that once the interest income is taken as having been accrued in the years under consideration, the provisions of sections 208 to 210 as well as sections 234b and 234c became operative and the assessee was bound to pay advance tax, interest having accrued in the years under consideration ..... submitted that it nowhere laid down that the income which had not arisen during the financial year could be included while estimating the current income.he submitted that under the provisions of sections 234b and 234c, interest was leviable only till the date of regular assessment and the expression 'regular assessment' as defined in section 2(40) would mean assessment made under section 143 or 144 and does not include the proceedings under ..... padam kumari surana [1994] 207 itr 155/72 taxman 350 .....

Addition Advertising Vs. Union of India

Court : Gujarat

Reported in : 1998(98)ELT14(Guj); (1998)1GLR317; 2006[2]STR228; [2007]6STT254

..... the petitioner, an advertising agency challenges the vires of the provisions of sections 65(16)(d) and 66(2) of the chapter v of finance act, 1994 as amended. ..... in para 142, the supreme court has summarised the principles relating to the freedom of speech and expression and observed in para 143 that no measure can be enacted which would have the effect of imposing a per-censorship, curtailing the circulation or restricting the choice of employment or unemployment in the editorial force and such a measure would certainly tend to infringe ..... section 66 is the charging section which provides that there shall be charged a service tax at the rate of 5% of the value of the taxable service. ..... section 67 provides for valuation of taxable service for charging the service tax and clause (d) provides that in relation to service provided by an advertising agency to a client, the gross amount charged by such agency from the client shall be ..... section 65(16)(d) defines 'taxable service' to mean .... .....

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) . .....

Anand Liquors Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (1996)136CTR(Ker)86; [1998]232ITR35(Ker)

..... jeevan lal sah : [1994]205itr244(sc) , had an occasion to consider in the light of earlier decisions and necessary change in regard thereto by the finance act, 1964. ..... it must be emphasised that as regards the order of the income-tax officer in the proceeding under section 271(1)(c) of the act is concerned, the officer has observed that as far as the explanation given by the assessee in the letter dated november 8, 1983, it is only to be rejected as irrelevant and immaterial ..... it was also submitted before the appellate authority that the scope of the proceeding under section 271(1)(c) would be required to be taken into consideration and in the process the fact that assessment has been made on the basis of estimation would assume considerable ..... it is, thereafter, the proceedings are on the track of penalty notice under section 271(1)(c) of the act, for the purpose of relevance, even though in pursuance of the draft assessment order, the income-tax officer after complying with all the statutory formalities, passed the assessment order dated july 11, 1983 (annexure 'd'), 26 ..... the apex court has held that even after the amendment of 1964, penalty proceedings continue to be penal proceedings, and the question whether the assessee has concealed the particulars of his income continues to remain a question of fact ..... action was taken under section 143(2) of the income-tax act, 1961, which resulted in the appearance of the assessee and production of whatever books of account were available .....