Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1989)31ITD535(Chd.)
..... section 139, the legislature inserted, by finance (no.2) act, 1980 ..... record, for the purpose of emphasis, that this provision is intended to give an opportunity to the assessee to remove the defects in the return because a proviso has been added to this sub-section to the effect that where the assessee rectifies the defect after the expiry of the period provided in this sub-section but before the assessment is made, the income-tax officer may condone the delay and treat the return as a valid return. ..... been held that a return in order to be valid must comply with the conditions prescribed in section 139/140 of the income-tax act, 1961 and rule 12(1) of the income-tax rules, 1962. ..... the income-tax officer, however, treated the return filed on 7-3-83 in which nil income was shown as having been filed under section 139 (4) of the act.the assessment was ..... holding that the return filed by the company on 28-6-79 was non est as it did not comply with the provisions of section 140 of the act and the return filed on 19-9-84 was invalid being out of time was challenged in appeal before the commissioner of income-tax (appeals). ..... method of completion of the impugned assessments and the chronological order in which it has been done, indicates that on one pretext or the other, substantial rights of the assessee were denied and the commissioner of income-tax (appeals) properly appreciated the grievance of the assessee in appeal in issuing directions to set right the wrongs done to the assessee. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2007)104ITD408(Chd.)
..... 2) act, 1980, with effect from april 1, 1981, was adverted to by his lordship to buttress the view so taken, in that it read (at page 588 of 175 itr): hence, the view taken by the andhra pradesh high court on the scope of section 80p: of the income-tax act which had replaced section 81 of the income-tax act, fully supports the view we have already expressed on the "income exemption" of profits and gains of a business of a co-operative society as envisaged under section 81 of the income-tax act read in conjunction with sections 66 and 110 thereof.it is, therefore ..... , evident that the issue relating to deduction under section 80p is also covered by the aforementioned decision of the hon'ble supreme court. ..... section 10ab introduced in the income-tax act by the finance (no. ..... it is also pertinent to mention that section 14a has been incorporated in the income-tax act, 1961 by the finance act, 2001 with retrospective effect from 1.4.72. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1990)32ITD567(Chd.)
..... the finance (no.2) act, 1980, with effect from 1-4-1980 inserted sub-section (9) to section 171 in the income-tax act, 1961.the inserted sub-section is ..... the commissioner of wealth-tax (appeals) who made the orders after insertion of sub-section (9) of section 171 of the income-tax act, 1961 by finance (no. ..... partition; (b) 'partial partition' means a partition which is partial as regards the persons constituting the hindu undivided family, or the properties belonging to the hindu undivided family, or both.the legislature in the same finance act also made a provision for assessment after partial partition of a hindu undivided family by inserting section 20a into the wealth-tax act, 1957 with effect from 1-4-1980. ..... tax officer, the partial partition, "being after 31-12-1978, the same cannot be accepted as per the finance act, 1980 ..... explanation: for the purposes of this section, 'partial partition' shall have the meaning assigned to it in clause (b) of the explanation to section 171 of the income-tax act.these were the provisions of law which prompted the wealth-tax officer to include into the net wealth of the assessee for the assessment ..... on behalf of the assessee by his learned counsel that the fiction created by insertion of the provision in the statute, both income-tax act and the wealth-tax act, applies only to partial partition and does not apply to the act of the karta in setting apart a portion of the joint family property as a provision for the marriage of the unmarried .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1997)60ITD332(Chd.)
..... act, 1980 w.e.f.1-4-1981 income and first to be computed as per the provisions of the income-tax act, and then only deduction had to be allowed under section ..... 207 itr 636 for the proposition that section 80hh had to be read along with the provisions of section 80b(5) which defines gross total income as meaning "the total income computed in accordance with the provisions of the income-tax act, before marking any deductions under chapter ..... sections 28 to 43) whereas sections 80hh and section 80ab stipulated that first the income had to be computed in accordance with the provisions of the income-tax act before allowing deductions contemplated under chapter vi-a which included ..... that the investment allowance had to be reduced from the income to be computed in accordance with the income-tax act before allowing deduction under section 80hh of the act and that this was clear from the bear reading of section 80ab. ..... assessment order, the assessing officer noticed that deduction under section 80hh of the income-tax act had been allowed on a gross profit of rs. ..... it may be possible to say that there was a mistake in the original assessment order of the assessing officer with regard to the deduction under section 80hh but when the assessing officer passed the order under section 154 in the assessee's case on 30-3-1989, no such order of the supreme court was available because the supreme court rendered the decision much later ..... that under section 80ab which was inserted by the finance (no. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2007)292ITR268(Chd.)
..... the deduction on the basis of the order of the tribunal, however, at the time of giving effect to this order, applicability of provisions of section 80aa which had been introduced through direct taxes finance (pb) act 1980 was lost sight of. ..... to in sub-clause (x) of clause (24) of section 2 which is chargeable to income-tax under the head 'income from other sources', deductions, so far as may be, in accordance with the provisions of clause (va) of sub-section (1) of section 36; (ii) in the case of income of the nature referred to in clauses (ii) and (iii) of sub-section (2) of section 56, deductions, so far as may be, in accordance with the provisions of sub-clause (ii) of clause (a) and clause (c) of section 30, section 31 and sub-sections (1) and (2) of section 32 and subject to the provisions of section (iia) in the case of income in the nature of family pension, a deduction of ..... any deduction is admissible under section 8-g or section 80gga or section 80ggc or section 80hh or section 80hha or section 80jjb or section 80hhc or section 80hhd or section 80-1 or section 80-ia or section 80-ib or section 80j or section 80jj, no deduction under the same section shall be made in computing the total income of a member of the aop or boi in relation to the share of such member in the income of the aop or boi (5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction under this chapter.sections 80m and 80aa have .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1983)3ITD542(Chd.)
..... the commissioner (appeals) took into consideration the provisions of section 64(1)(i), read with explanation 2 to section 64(2), inserted by the finance act, 1979 with effect from 1-4-1980. ..... r.n.madan in view of the provisions of section 64(1)(i) of the income-tax act, 1961 ('the act'). ..... of the spouse in a firm carrying on a business in which such individual is a partner.explanation 1 to sub-section (1) of section 64 provides that for the purposes of clause (i), the individual, in computing whose total income the income referred to in that clause is to be included, shall be the husband or wife whose total income (excluding the income referred to in that clause) is greater ; and where any such income is once included in the total income of either spouse, any such income arising in any succeeding year shall not be included in the total ..... in paragraph 102 of the speech of the finance minister, there is indication, as pointed out by the learned commissioner, that the changes made in the income-tax law through the finance bill which were of minor significance were largely in the nature of clarification and rationalisation of the existing provisions. ..... the liability to assessment to income-tax cannot alternate from year to year between one spouse and the other depending on whether there is a profit or loss. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2006)5SOT645(Chd.)
..... view that the assessing officer was justified in rejecting the claim of the assessee of partition of the huf property and the commissioner (appeals) is also right in law to uphold the assessment of the huf as per provisions of section 171 of the income tax act, 1961.the objection raised on behalf of the assessee about the re-opening of the assessment is also not well-founded insofar as in none of the individual cases, any assessment was made under ..... the returns filed had been processed under section 143(1)(a) of the income tax act but no regular assessment was made under section 143(3) in case of any of the members of the family.subsequently the assessing officer issued notice under section 148 in the name of shri b.r. ..... it is also pertinent to mention that as per section 171 of the income tax act, 1961 the income is assessable in the hands of the huf. ..... sarada thampatty (supra) a partition of huf has got to be recognized under the provisions of section 171 of the income tax act, 1961 for the purpose of assessment. ..... 2) act, 1980 inserted sub-section (9) in section 171 with effect from 1-4-1980 whereunder partial partition of huf effected after 31-12-1980 are not recognised for tax purposes. ..... illegal huf's by effecting partial partition as regards the persons constituting the joint family or as regards the property belonging to a joint family or both, in other to curb the practice of creating illegal hufs by making partial partition, the finance (no. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1983)5ITD238(Chd.)
..... the finance act, 1975, the deduction under sub-section (1) of section 80j from the profits and gains derived from an industrial undertaking shall not be admissible unless the accounts of the industrial undertaking for the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant, as defined in the explanation below sub-section (2) of section 288 of the act and the assessee furnishes, along with his return of income, the ..... involved in this appeal is whether, on the facts and in the circumstances of the case, the learned commissioner erred in upholding the decision of the ito that the assessee is not entitled to deduction under section 80j of the income-tax act, 1961 ('the act').2. ..... for the assessee also submitted that if the assessee had not filed the audit report along with the return for claim of deduction under section 80j, it was merely a defective return and by virtue of the provisions of sub-section (9) of section 139 of the act the assessee should have been given an opportunity to rectify the defect. ..... careful consideration to the rival submissions and we find that insofar as section 139(9) is concerned, it came on the statute book with effect from 1-9-1980 as it was inserted by the finance (no. ..... act, 1980 ..... is now trite law that to the income-tax proceedings, the principles of natural justice are ..... the assessee is directed against the order of the commissioner (appeals), dated 5-5-1980, relating to the assessment year 1977-78. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1986)15ITD227(Chd.)
..... two grounds are raised first being in respect of action of the commissioner (appeals) who reduced the disallowance made by the ito under section 37(3a) of the income-tax act, 1961 ('the act') holding that commission paid by the assessee amounting to rs. ..... a wide amplitude, expenditure incurred by taxpayers on fashion shows, beauty contests, consumer contests, consumer gift offers, and free samples or gifts will fall within the ambit of new sub-section (3a) of section 37 of the income-tax act. (p. ..... section 37(3a) were introduced for the first time in the finance act, 1978, and were applicable for the assessment years 1979-80 and 1980 ..... 's income-tax law ..... even otherwise, for finding out true meaning of the words 'sale promotion' used in section 37(3a), the principles of ejusdem generis would apply, which means, if a general word is added to specific word (advertisement and publicity), the general word wpuld ..... amended form is as under: notwithstanding anything contained in sub-section (1) but without prejudice to the provisions of sub-section (3), where the aggregate expenditure incurred by an assessee on advertisement, publicity and sales promotion in india exceeds forty thousand rupees, so much of such aggregate expenditure as is equal to an amount calculated as provided hereunder shall not ..... to an extract from the finance minister's budget speech for ..... the hon'ble finance minister while introducing the budget, in his speech, remarked: extravagant and socially wasteful expenditure is often .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1983)5ITD282(Chd.)
..... rival submissions and looking to the facts on record, we are unable to interfere in the finding of the commissioner (appeals), section 10(2(16), which was inserted by the finance act, 1980 with retrospective effect from 1-4-1972, which reads as under : (26b) any income of a corporation established by a central, state or provincial act or of any other body, institution or association (being a body, institution or association wholly financed by government) where such corporation or other body or institution or association has been established or formed for promoting the interests ..... established by a central, state or provincial act ; or (ii) any income of any other body, institution or association wholly financed by the government.it is clear that the assessee falls in second category, looking to the facts that it was started as per decision of the haryana government, which would be clear from the following : ^^gfj;k.kk eaf=eamy us 5&8& ..... when the issue came before the commissioner (appeals), he accepted the said claim of the assessee and held that the entire income of the assessee is exempt from tax under the provisions of section 10(26 b).4. ..... the sum and substance of all the grounds raised by the revenue in this appeal is to dispute the action of the commissioner (appeals) who accorded exemption to the assessee under section 10(2(18) of the income-tax act, 1961 reversing the finding of the ito that the assessee was not entitled to any exemption under clause (26b) of said section 2. .....
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