Court : Chennai
Reported in : [1999]239ITR548(Mad)
..... supreme court observed as follows (headnote) : 'the question whether the commissioner was justified on the facts and in the circumstances of the case, in refusing to exercise his power under section 273a of the income-tax act, 1961, to waive interest and penalty where the assessee has disclosed income voluntarily in a revised return, is a question to be examined on the merits and the high court, on a writ petition challenging such a refusal, ought not to dismiss the petition ..... the decisions, the kerala high court held that where an application is made for waiver of interest levied under section 215 of the income-tax act, 1961, the income-tax authorities have to objectively consider the circumstances and find out whether the assessee is entitled to it. ..... under section 220(2) of the income-tax act, 1961, for the assessment year 1980-81. ..... it was held that the liability to pay interest to the department under section 220(2) of the income-tax act, 1961, arose only from the date when the fresh notice of demand was issued to the assessee and not from the date when the tax was refunded to the assessee that case also does not in any way advance the case of ..... it also held that the finance (no.2) act, 1980, in so far as it amended section 80j by incorporating the provisions of rule 19a as sub-section (1a) in section 80j with retrospective effect from april 1, 1972, was merely clarificatory in nature and was ..... apex finance and leasing ..... additional finance was required to be invested to complete .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)159CTR(SC)381; [2000]243ITR56(SC); JT2000(3)SC405; 2000(2)SCALE384; (2000)3SCC615; [2000]2SCR465
..... sub-section (9) of section 139, introduced by the finance (no.2) act, 1980, with effect from september 1, 1980, allows the income-tax officer to give an opportunity to the assessee to rectify the return, if he found it defective, and, if within the period allowed the assessee failed to rectify the return, 'the return shall be treated as an invalid return. 33. ..... still the petitioner will have to establish with reference to the provisions contained in the income-tax act, the rate of depreciation to which it is entitled, because rule 4(1) of the tamil nadu agricultural income-tax rules, 1955, refers to the rates prescribed in the income-tax act for calculating the rate of depreciation to be arrived at under section 5(f) of the tamil nadu agricultural income-tax act, 1955. ..... verma submitted that looking at the language used in section 29 the income-tax officer is duty bound to allow depreciation in order to compute the income referred to in section 28 of the act which he is to do keeping in view of the provisions contained in sections 30 to 43 (now section 43d). ..... in its view, therefore, under section 34(1) of the act and the circular of the central board of revenue the income-tax officer could not have followed the deduction of depreciation, high court said:we may also observe that, on reading sub-section (1) of section 34 we do not find any reference to the assessee claiming or not claiming deduction of depreciation. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)IILLJ608Raj; 1997WLC(Raj)UC1
..... the hon'ble supreme court was seized of the matter of the provisions involved as under:-'the finance bill (no.2) of 1980 ultimately culminated in the finance (no.2) act, 1980 and by this act, section 80j was amended and sub-section (1-a) was introduced with retrospective effect from april 1, 1972. ..... finance act (no.2) of 1980 insofar as it amended section 80j by incorporating rule 19-a in the section with retrospective effect from april 1, 1972, was merely clarificatory in nature and must accordingly be held to be valid.'14. ..... the question of constitutionality of the retrospective amendment made in section 80j was involved, as amended by finance (no.2) act, 1980. ..... union of india, (supra) was, the interpretation of section 80j of the income tax act, 1961 and validity of section 19a of the income tax rules, 1962. ..... the amendment act introduced for levying the tax on gross collection capacity was challenged in the high court of andhra pradesh. ..... it was held by the apex court that if the parliament or the state legislatures are competent to pass legislation, they can do so prospectively as well as retrospectively, and tax laws are no exception to this power. ..... in the facts of that case certain writ petitions were filed challenging the andhra pradesh entertainments tax as amended by act 24 of 1984 i.e. ..... it has been held by the apex court in the entertainment tax officer-i and anr. v. .....
Tag this Judgment!Court : Delhi
Reported in : 76(1998)DLT832; [1999]236ITR766(Delhi)
..... tribunal the controversy centered around the assessor's claim for allowance of weighted deduction under section 35b of the income-tax act, 1961 in respect of inspection fees. ..... reasons, we are of the opinion that the tribunal was not right in holding that rule 6aa of the income-tax rules made effective from 1.8.81 was applicable to asstt.year 1979-80 and weighted deduction under section 35-b of inspection fee was admissible to the assessee. ..... pur-poses it would suffice to note that section 35b was introduced into the body of the main act by the finance act, 1968 w.e.f. ..... that in a case where only part of the sales is made outside india the amount of expenditure incurred on the maintenance of such laboratory or other facilities which shall qualify for deduction under clause (a) of sub-section (1) of section 35b shall not exceed the amount which bears the same proportion as the value of the turnover in respect of such exports bears to the turnover of the business in respect of which the laboratory or other facilities ..... (ii)(iii) (v)(vi)(viii) were omitted by the finance ( no.2) act 1980 from 1.4.81.7. ..... before the first day of march, 1983 in section 35b(1)(a) were inserted by the finance act, 1983 w.e.f. ..... the object of the provision as indicated by the speech of the finance minister moving the amendment whereby section 35-b was brought on the statute book and as suggested by the language of the provision itself is that it was intended to provide an incentive to the assessees so as to .....
Tag this Judgment!Court : Chennai
Reported in : [1999]238ITR801(Mad)
..... fact that we are concerned with the assessment year 1971-72 onwards, no useful purpose would be served by remitting the matter to the appellate tribunal to direct the income-tax officer to consider the question whether the partition can be recognised under section 171 of the income-tax act, particularly when we are upholding the order of the appellate tribunal that the partial partition was genuine and valid and there is no necessity to recognise the partial partition ..... given by the supreme court is that so long as the finding is not recorded under section 171 of the income-tax act, holding that when the partial partition took place, the hindu undivided family shall be deemed for the purpose of the income-tax act to be the owner of the property which is the subject-matter of partition and also the recipient of the income of the property and the relevant passage of the court reads as under (page 709) ..... act, 1980, with effect from april 1, 1980, there must be an order recognising the partial partition under section 171 of the income-tax act ..... section 20a of the wealth-tax act deals with the partial partition of the hindu undivided family and it was introduced in the wealth-tax act only by the finance ..... though under the provisions of section 20 of the wealth-tax act, there was no need to recognise a partial partition as the provisions for recognising the partial partition under the wealth-tax act came into force by section 20a of the wealth-tax act introduced by the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : [1995]215ITR371(Mad)
..... these writ petitions are filed by different income-tax assessees praying for a writ of declaration or any other appropriate writ, order or direction declaring the provisions of section 64(1a) of the income-tax act, 1961, as amended by the finance act, 1992, as illegal, beyond the scope of preventing avoidance of tax and inconsistent with the scheme of the income-tax act and violative of articles 14, 19 and 265 of the constitution of india. ..... 2) act, 1980, not recognising the family partition under the hindu law, the division bench of this court construed that non-recognition of partial family partition under section 171(9) of the income-tax act and clubbing of the coparcener's income as a whole was illegal and accordingly struck down sub-section (9) of section 171 as ultra vires in m. v. ..... further, in a matter like this we cannot put it better than what the supreme court has said in ganga sugar corporation's case, : [1980]1scr769 in the following passage (at page 297) : 'it is well established that the modern state, in exercising its sovereign powers of taxation, has to deal with complex factors relating to the objects to be taxed, the quantum to be levied, the conditions subject to which the levy has to be made, the social and economic policies which the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)7ITD630(Delhi)
..... in view of the new provisions of the income-tax act/wealth-tax act in this regard, contention of the learned counsel that by amendment of section 28 these new provisions have been given effect from 1-4-1980 and, therefore, are applicable to the assessment year 1980-81 and onwards and, thus, not applicable for the assessment ..... for this purpose, the expression 'partial partition' will have the same meaning as in clause (b) of the explanation below section 171 of the income-tax act, that is to say, 'partial partition', will mean a partition which is partial as regards the persons constituting the hindu undivided family or the properties belonging to ..... act, 1980, in the act was brought in the statute book with a specific purpose as enumerated in the memorandum explaining the provisions in the finance ..... whether section 20a of the wealth-tax act, 1957 ('the act'), which had been inserted by the finance (no. ..... in appeal before the aac who, however, rejected the claim of the assessee as follows : this clause also envisages that any finding recorded under sub-section (3) to that effect (regarding partial partition) whether before or after 18-6-1980, being the date of introduction of the finance (no. ..... claim of the assessee on the ground that according to the new provisions of section 171(9) of the income-tax act, 1961 ('the 1961 act') inserted by the finance (no. ..... submissions, we are of the view that the amended section 20a inserted by the finance (no. ..... finance ..... the finance ..... by the finance (no. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1985)13ITD191(Ahd.)
..... . (4) that the amendment which has been made in section 171 by inserting a new proviso to sub-section (9) is made by the finance act, 1980 with effect from 1-4-1980, which has been made applicable from retrospective date and is not free from challenging before judicial authorities ..... . the appellate assistant commissioner has no jurisdiction under section 31(3) of the indian income-tax act, 1922, to assess a source of income which is not disclosed either in the returns filed by the assessee or in the assessment order ..... . it may be mentioned that the supreme court's decision in the case of prem bhai parekh (supra) was rendered under section 16 of the indian income-tax act, 1922, which is in pari materia with section 64 of the income-tax act, 1961 ..... in the draft assessment order framed under section 143(3)/144b of the income-tax act, 1961 ('the act'), the ito invited the assessee-huf's objections in respect of its claim of partial partitions as well as the inclusion of share of profits from each of the said three firms which was rejected in the following manner: 12. ..... . as all the three partial partitions of 29-9-1979, 3-10-1979, and 4-10-1979 have not been recognised by the income-tax officer principally because of sub-section (9) of section 171 of the income-tax act, 1961, the income-tax officer appears to have made a mistake in not assessing the entire share income from the above firms, namely, 32 per cent, 35 per cent and 39 per cent .....
Tag this Judgment!Court : Chennai
Reported in : (1988)67CTR(Mad)289; [1988]170ITR238(Mad)
..... - this writ petition is allowed and the notices and the reassessment made under section 147(b) of the income-tax act, 1961, and the consequent notices of demand for the assessment years 1980-81 and 1981-82 dated october 29, 1982, after derecognising the partial partition are quashed. w.p. no. ..... the 31st day of december, 1978, among the members of a hindu undivided family hitherto assessed as undivided, - (a) no claim that such partial partition has taken place shall be inquired into under sub-section (2) and no finding shall be recorded under sub-section (3) that such partial partition had taken place and any finding recorded under sub-section (3) to that effect whether before or after the 18th day of june, 1980, being the date of introduction of the finance (no. ..... the latter part of clause (a) which provides that 'any finding recorded under sub-section (3) to that effect whether before or after june 18, 1980, being the date of introduction of the finance (no. ..... clause (a) of sub-section (9) further provided that if any finding was recorded before or after june 18, 1980, which was the date of the introduction of the finance (no. ..... all the above-mentioned writ petitions which involve questions relating to the validity, scope and interpretation of the provisions of section 171(9) of the income-tax act, 1961 (hereinafter referred to as the act), which was introduced by the finance (no. ..... then comes sub-section (9) which, as already pointed out, was introduced by the finance (no. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1983)3ITD359(Kol.)
..... and in the circumstances of the case, the learned commissioner of income-tax (appeals) erred in law and in fact in holding that deduction under section 80m should be on gross dividend and not on net dividend.shri bajoria, the learned departmental representative, referred to section 80aa and stated that the section was introduced by the finance (no. ..... before the commissioner (appeals) and urged that the ito should have allowed deduction under section 80m of the income-tax act, 1961 ('the act'), on the gross dividend of rs. ..... 1, 4 (sc), where interpreting the corresponding provision in section 12(2) of the indian income-tax act, 1922 which was ipsissima verba in the same terms as section 57(iii), bose j. ..... -where any deduction is required to be allowed under section 80m in respect of any income by way of dividend's from a domestic company which is included in the gross total income of the assessee, then, notwithstanding anything contained in that section, the deduction under that section shall be computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount ..... act, 1980, with retrospective effect from 1-4-1968.the department has challenged the finding of the commissioner (appeals) on the ground that deduction allowed by the commissioner (appeals) is not in accordance with the provisions of section ..... 2) act, 1980, with ..... 2) act, 1980, with .....
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