Court : Punjab and Haryana
Reported in : (2006)206CTR(P& H)194; [2007]290ITR15(P& H)
..... the period commencing on the lst day of october, 1991 and ending on the 30th day of september, 2005 in response to a notico served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time-limit for makmg the assessment, reassessment or recomputation ..... as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 .....
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 price in conformity with the order of the tpo. ..... 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 arranged that the business transacted between them produces to ..... on 14th july, 2005, notice under section 92ca(3) of the act was issued by the addl. ..... 2005-06 was granted and permission to amend the petition was also granted to challenge notice in respect of the said year. ..... , 2005 under section 92ca(3) for the asst. yr. ..... 30th march, 2005 was issued under section 148 of the act, requiring the petitioner to file a return and thereafter, some further information was sought from the petitioner for the purpose of assessment. ..... 24th march, 2005 after getting determined alp of services rendered by the petitioner to its associated company, thereby enhancing the income of the assessee. ..... 16681 of 2005 of west bengal v. ..... 2004-05, 2005-06 and 2006-07. ..... , 2005, stay of passing of final order for the asst. ..... , 2005, notice was issued to the respondents and vide order dt. ..... , 2005. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)208CTR(P& H)411
..... the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time-limit for making the assessment, reassessment or recomputation ..... as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]313ITR318(P& H)
..... it is sufficient to mention that the cit(appeals) as well as the tribunal have treated the provisions of the amended section 80hhc of the act applicable to the case of the assessee as if the amendment made by finance act no. ..... applying the ratio of the judgement of hon'ble the supreme court in respect of the assessment year 1984-85 it was held that the benefit of amendment made in section 80hhc by finance act no. ..... in that regard again reliance was placed on the judgement in the case of m/s gem granites (supra) wherein section 80 hhc(unamended) alongwith the amendment made by finance act no. ..... whether on the facts and in the circumstances of the case, the hon'ble tribunal was right in law in giving retrospective effect to the insertion made in sub clause (ii) of clause (b) of sub section (2) of section 80hhc, by finance (no.2) act, 1991 w.e.f. ..... as a corollary to this, it must be held that the order passed by the assessing officer to rectify the mistake committed earlier by allowing deduction to the assessee on the basis of amended section 80hc does not suffer from any legal infirmity.5. ..... 40 of 1997 directed the tribunal exercising power under section 256(2) of the act to draw the statement of the case and refer the afore-mentioned two questions for its opinion. ..... , nizampur road, narnaul) both the questions have now been decided by a division bench of this court on 12.1.2005 in favour of the revenue and against the assessee.3. ..... commissioner of income tax tamil nadu (2005) 26 itr 1. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)12VST149(P& H)
..... that, lastly it is reiterated that the funds collected under the ladt act, 2000 are being utilised for the purposes envisaged in the amended section 22 of the act ibid and that the tax is nothing but a recompense for the services being provided by the respondent-state.affidavit dated february ..... the stand of the state that the revenue earned is being made over to the local bodies to compensate them for the loss caused, makes the impost compensatory in nature, as augmentation of their finance would enable them to provide municipal services more efficiently, which would help or ease free-flow of trade and commerce because of which the impost has to be regarded as compensatory in nature, in view of what has ..... 50172, dated september 4, 2006) received from director urban development, haryana, chandigarh, shows receipt of ladt funds by urban development department during 2005-06 and 2006-07 and their utilisation for the improvement of civic amenities in urban areas to facilitate free-flow of trade and commerce in ..... 910.75 crores collected under the ladt act during the financial years 2000-01, 2001-02, 2002-03, 2003-04, 2004-05 has been allocated to (a) panchayati raj institution and (b) urban local bodies in accordance with the directions dated december 28, 2005 of the high powered committee headed by ..... 2267 of 2005 (b) i dealt with the question of validity of kerala tax on entry of goods into local areas act, 1994 in the context of directions of the honourable supreme court in jindal .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2007]294ITR563(P& H)
..... learned counsel for the petitioner invited our attention to the observations recorded by the income tax appellate tribunal, delhi bench, in the impugned order dated 14-3-2005, wherein, the income tax appellate tribunal, delhi bench, relied on the response of the union finance minister to the communication addressed to him by the chief ministers of delhi and punjab, pointing out the hardship which was likely to be caused to the market committee by an amendment to section 10(20) of the income tax act. ..... having examined the impugned order passed by the income tax appellate tribunal, delhi bench, we are of the view, that the response of the union finance minister, referred to in the appellate order, was to the effect, that charitable institutions, which fulfil the conditions prescribed under section 11 of the income tax act, would be entitled to exemption from the liability of payment of income-tax. ..... it is the vehement contention of learned counsel for the petitioner, on the strength of the amended provision of section 10(20) of the income tax act, as well as, the judgments referred to hereinabove, that the exemption from payment of income-tax, earlier available with market committees was withdrawn with effect from april 1, 2003, and, as such, market committees were not entitled to claim tax exemption (after the said amendment) with effect from 1-4-2003.23. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)226CTR(P& H)255; [2010]187TAXMAN75(Punj& Har)
..... amendment was carried out in the finance act ..... finance act, 2006, proviso was added to section 10(23c) of the act ..... or university or other educational institution or hospital or other medical institution is required to make an application for grant of exemption under the said clauses to the prescribed authority.6.2 a new proviso has been inserted in section 10(23c) to provide that such application made on or after june 1, 2006 shall be made at any time during the financial year immediately preceding the assessment year from which the exemption is sought.6.3 applicability - ..... the petitioner society for grant of exemption under section 10(23c) of the act in respect of financial years 2004-05, 2005-06 and 2006-07, holding that if approval is granted then xivth proviso to section 10(23c) of the act would become redundant (p-4). ..... the respondents to grant benefit of exemption to the petitioner society under section 10(23c) of the income-tax act, 1961 (for brevity, 'the act') in respect of financial years 2004-05, 2005-06 and 2006-07.2. ..... the petitioner society on merit for grant of exemption under section 10(23c)(vi) and (via) of the act in respect of assessment years 2005-06 and 2006-07 afresh. ..... to granting approval from the assessment year 2005-06 onwards including assessment year 2007-08, for which the application under section 10(23c)(vi) was beyond the period of ..... 56d claiming exemption under section 10(23c) of the act in respect of the financial years 2004-05, 2005-06 and 2006-07 (p-3) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)218CTR(P& H)16
..... the date when section 153(2) of the act was amended by the finance act, 2001 by substituting the period ..... , 2001 to reduce the time limit available for completion of the assessment from two years to one year from the end of the financial year in which the notice under section 148 was served, the amended provision would operate in the present case, notwithstanding that the notice was served before 1st june, 2001, and therefore the assessment ought to have been completed on or before ..... in which notices were issued between 1st april, 1999 and 31st march, 2000, meaning thereby that the amended proviso enlarges the period available to the ao for completion of the assessment from one year, as available under amended sub-section (2) of section 153 of the act to two years, where notices under section 148 were served during such period and the assessment could be completed upto 31st march, 2002. ..... that the assessment was beyond the period of limitation as in the case of the assessee, notices which were served before 1st june, 2001 were not protected or saved by proviso to sub-section (2) of section 153 of the act which was substituted simultaneously on 1st june, 2001 and the period of two years was applicable on the notices issued between 1st april, 1999 to 31st march, 2000 as has been provided ..... 6th july, 2005 held that the view taken by the cit(a) that the assessment ought to have been completed on or before 31st march, 2002 is correct in law ..... 6th july, 2005 passed by the tribunal, delhi .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2010[17]STR8
..... the revenue has approached this court by invoking section 83 of the finance act, 1994 (for brevity, 'the finance act') read with section 35-g of the central excise act, 1944 (for brevity, 'the excise act') challenging order dated 1-1-2008 (a-3) passed by the customs, excise and service tax appellate tribunal, new delhi (for brevity, 'the tribunal').2 ..... the tribunal has also extended the benefit of section 80 of the finance act, which says that notwithstanding anything contained in the provisions of section 76 or 78 of the finance act, no penalty is to be imposed on the dealer-respondent for any failure referred to in those provisions ..... therefore, we are not inclined to admit the appeal as no substantive question of law would arise for determination, which is sine qua non for admission of appeal under section 83 of the finance act read with section 35-g of the excise act.4. ..... that there are pure findings of fact recorded by the tribunal with regard to the reasons having been shown by the dealer-respondent and the bona fide of the dealer-respondent has been accepted in terms of section 80 of the finance act as well. ..... , it has been held that it was not a fit case for imposition of penalty under section 76 or 78 of the finance act.3. ..... it has also been concluded that in the facts and circumstances there was no willful mis-statement or suppression of facts on the part of the dealer-respondent to evade tax, which is necessary for invoking the provisions of section 76 and 78 of the finance act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2009[15]STR678; [2009]20STT495
..... the only argument raised by the counsel for the appellant, which was also the submission before the tribunal in rectification application, is that under section 84(5) of the finance act, the revisional authority, has passed the order within the period of two years from the date of the order passed by the adjudicating authority. ..... 4 and 5 of 2009, which have been filed by the revenue under section 35g of central excise act, 1944 (for brevity, 'the act') read with section 83 of the finance act, 1994 (for brevity, 'the finance act'), challenging the common order dated 7-9-2007 and orders dated 3-4-2007 (in sta no. ..... by virtue of exercise of power by the revisional authority within a period of two years the provisions of section 84(5) of finance act has worked itself one. ..... once the initial order has been passed within a period of two years, the provisions of section 84(5) of the finance act stands complied with. ..... for the appellant, we find that the argument is baseless because the adjudicating authority has passed the order-in-original on 30-11-2004 whereas the revisiorial authority has revised that order on 28-11-2006 by exercising jurisdiction under section 84(5) of the finance act. ..... thereafter applications for rectification of orders dated 3-4-2007 and 23-3-2007 were; filed, which were also dismissed vide common order dated 7-9-2005 (p-4).3. .....
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