Court : Chennai
Reported in : [1999]239ITR548(Mad)
..... 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 ..... 207itr781(sc) , the 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 ..... 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 ..... was not ordered, the supreme court observed as follows (headnote) : 'the words 'the commissioner may in his discretion.....reduce or waive the amount of penalty' in section 18b of the wealth-tax act, 1957, clearly show that the power conferred on the commissioner is to be exercised by him in such a manner as he deems just and proper. ..... before the introduction of this section by the taxation laws (amendment) act, 1984, with effect from october 1, 1984, the court was exercising powers disallowing interest ..... section 220(2) of the income-tax act, 1961, for the assessment year 1980 .....
Tag this Judgment!Court : Chennai
Reported in : 1986(7)ECC10; 1985(5)LC2320(Madras); 1985(22)ELT17(Mad)
..... 7472 of 1975 quashing the order, dated 25-7-1975 passed by the central board of excise and customs, new delhi, rejecting a revision petition filed by the respondent under section 130 of the customs act, 1962, and remitting the matter to the central board of excise and customs for deciding the case on merits. 2. ..... ]16itr341(mad) dealing with the scope of section 33a of the income-tax act, held that the expression 'made the subject of an appeal' occurring in that section should be understood as the subject matter of an effective appeal, and that if an appeal to the appellate tribunal is not admitted or is disposed of on the ground that it is filed after the prescribed time, the order cannot be said to be the subject of an appeal as, section 33a of the income-tax act excluded, from the purview of revisional ..... the question was whether a revision could be filed under section 33a of the income-tax act, against the order of the appellate assistant commissioner which has been made the subject of an effective appeal before the tribunal. ..... 130(1) of the customs act, which is as follows - 'section 130(1) : any person aggrieved by any decision or order passed under this act may, within three months from the date of the communication to him of such decision or order - (a) where the decision or order has been passed by a collector of customs, appeal to the board; (b) where the decision or order has .....
Tag this Judgment!Court : Chennai
Reported in : (1988)72CTR(Mad)99; [1988]174ITR697(Mad)
..... sub-rule (2) of rule 19a, the aggregate of the amounts representing the values of the assets as on the first day of the computation period, of the undertaking or of the business of the hotel to which the said section 80j applies shall first be ascertained in the manner set out in the sub-rule and in sub-clause (ii), in the case of assets acquired by purchase not entitled to depreciation, their actual cost to the assessee is to ..... of rule 19 (1) (a) and clause (i) of rule 19a(2) with clause (i) of sub-section (1a)(ii) of section 80j of the act would show that parliament never intended any change in the mode of computation of capital for grant of relief under section 80j, and the latest amendment is only to bring the computation as part of the section instead of providing for it in the rule. ..... madras wire products : [1980]123itr722(mad) , would clearly apply and hence even after the introduction of section 80j(1a), the value of the work-in-progress would qualify for inclusion in the ..... act, 1980 ..... held that the matter should go back to the income-tax officer for fresh consideration in view of the amendment of section 80j with retrospective effect from april 1, 1972, by the finance (no. ..... wire products : [1980]123itr722(mad) would govern ..... madras wire products : [1980]123itr722(mad) has been followed by ..... wire products : [1980]123itr722(mad) has ..... madras wire products : [1980]123itr722(mad) , wherein it was held that the value of machinery in transit should also ..... : [1980]123itr722 ..... : [1980]123itr722( .....
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. ..... 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 ..... 2) act, 1980, with effect from april 1, 1980, states that 'notwithstanding anything contained in the foregoing provisions of this section, where a partial partition has taken place after 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 .....
Tag this Judgment!Court : Chennai
Reported in : (2000)162CTR(Mad)158; [2000]243ITR320(Mad)
..... section 35b(1)(b) of the act as it stood prior to the amendment by the finance ..... the differing views of the high courts in the country on the scope of this provision, and after analysing the provision stated thus (headnote) :'the expenditure referred to in section 35b(1)(b)(iv) of the income-tax act, 1961, has to be incurred on the maintenance outside india of a branch, office or agency for the promotion of sales outside india of the assessee's goods, services or ..... in the year 1981-82 to claim weighted deduction for that expenditure even after the deletion of sub-clause (iii) of section 35b(1)(b) succeeded before the tribunal, though it had initially been rejected by the income-tax officer, as also by the ..... here by way of payment of interest to the customers, who had made deposits with its branch at bangkok was being allowed in earlier years under section 35b(1)(b)(iii) of the act, as it covered the expenditure on the provision of services or facilities outside india by the assessee.10. ..... in the circumstances of the case, the assessee-bank is entitled to weighted deduction under section 35b(1)(b)(iv) of the income-tax act, 1961, in respect of the interest payments amounting to rs. ..... act, 1980 ..... all that section 35b(1)(b)(iv) of the act provides for is the expenditure incurred by the assessee on maintenance of the branch, office or agency outside india, provided such branch, office or agency is established, run or constituted for the promotion of ..... 2) act of 1980, clauses (ii), (iii), (v), .....
Tag this Judgment!Court : Chennai
Reported in : [2001]250ITR761(Mad)
..... 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, the computation took time ..... counsel for the assessee contended that for the assessment years in question, it was necessary to compute the extent of relief available under section 80j and as that section has been amended with retrospective effect from 1972 and the validity of the amendment had been under challenge before the supreme court and the law had remained uncertain till the judgment of the supreme court was pronounced in the case of lohia machines ltd. ..... assessee is aggrieved by the order of the commissioner by which the assessee's request for waiver of interest, under section 220(2a) of the income-tax act, 1961, for the assessment years 1979-80. ..... the constitution bench held that, that amendment was merely clarifica-tory in nature and was ..... the fact that the retrospective amendment bad been challenged before the supreme court does not have the effect of relieving the assessee of the liability for payment of interest on the amount of tax that the assessee had not ..... the levy is considered to be illegal, the assessee has to resort to remedies other than the one provided under section 220(2a). ..... union of india : [1985]152itr308(sc) , upholding the validity of the finance (no. ..... section 220(2a) which had been invoked by the assessee, does not require or permit an enquiry into the validity of the order levying .....
Tag this Judgment!Court : Chennai
Reported in : [1995]213ITR835(Mad)
..... 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 accordingly ..... the provisions of rule 19a(3) of the income-tax rules, 1962, the appellate tribunal was right in holding that borrowed capital should also be taken as capital for the purpose of allowing relief under section 80j for the assessment years 1972-73 and 1973-74 (iii) whether, on the facts the appellate tribunal's view that since the new unit came into existence after the old unit and only ..... 2) act of 1980 with effect from april 1, 1972, the tribunal was not correct in holding that borrowed capital should also be taken as capital for the purpose of granting relief under section 80j for the assessment years ..... but in view of the fact that narrowed capital should be excluded while granting relief under section 80j, it is necessary to find out whether any borrowed capital was applied by the assessee in the ..... pointed out that in view of the abovesaid decision of the supreme court and also in view of the amendment brought about by the finance (no. ..... court held that rule 19a in so for as it provided for computation of the 'capital employed' as on the first day of the computation period, was within the rule-making authority of the central board under section 80j(1), and that since rule 19a did not suffer from any infirmity and was valid in its entirety, the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)143CTR(Mad)328; [1997]223ITR455(Mad)
..... 2) act, 1980, by introducing section 35(2)(iv), which came into effect from april 1, 1962. ..... expenditure on these assets had been incurred even in the earlier accounting years, when they were first brought into use for the purpose and it cannot again be treated as a capital expenditure for the purpose of section 35(1)(iv) of the act, merely because the assessee chose to transfer them to the research and development in the later years. 6. ..... to learned standing counsel for the department, inasmuch as the expenditure was incurred in the earlier years for purchasing the machinery, which were transferred in the assessment year under consideration, deduction cannot be claimed under section 35(1)(iv) of the act since the expenditure was not incurred in the present assessment year under consideration. ..... learned counsel for the assessee further pointed out that there is prohibition under the amended provision to claim both depreciation and deduction of capital expenditure under section 35(1)(iv) of the act. ..... this amount was claimed by the assessee as capital expenditure under section 35(1)(iv) read with section 35(2) of the act, as expenditure incurred on scientific research related to the business carried on by the assessee. ..... this decision relates to the amendment effected by the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]239ITR534(Mad)
..... 2) act, 1980, with effect from april 1, 1981, and under the amended law to the extent the expenses incurred fall under sub-clauses (i), (iv), (vii) and (ix) of section 35b(1)(b) of the act they would not qualify for weighted deduction. ..... we are of the view that certification expenses as well as expenses incurred by way of warranty claims do not fall within any of the amended clauses of section 35b of the act, and, therefore, the claim of the assessee must necessarily fail, as the expenditure incurred or expenses incurred do not fall within the ambit of section 35b of the act. ..... we are of the opinion that the expenditure claimed by the assessee is not covered by the amended provisions of section 35b of the act. ..... whether the tribunal was right in holding following the earlier years that exclusion of clause (a) of section 40a(5) is to be confined to the actually exempted amount and not the entire remuneration paid to foreign technicians ?3. ..... the first two questions relate to the interpretation of section 40a(5)(b)/40(c) of the income-tax act in relation to the determination of the amount of disallowance to be disallowed under the above-said provisions. ..... the claim of the assessee was that the entire remuneration paid to its foreign directors and employees should altogether go out of the reckoning to determine the ceiling under section 40a(5) or 40(c) of the act on the ground that it was an exempted income. ..... section 35b of the act has been amended by the finance (no. .....
Tag this Judgment!Court : Chennai
Reported in : 1991(55)ELT145(Mad)
..... before we embark on merits, it is necessary for us to note as to the reasons for amendment which came to be introduced under the finance act 44 of 1980. ..... gopinath, that where there is a prima facie lack of jurisdiction on the part of the deputy collector of customs to levy penalty under section 116 of the customs act, 1962, there is no necessity for the petitioner to go before the appellate authority viz, collector of customs and thereafter before the tribunal. ..... in providing under chapter xv of the customs act of 1962, hereinafter referred to as the act, section 128 of the act categorically states that any person aggrieved by any decision or order passed under this act by an officer of customs lower in rank than a collector of customs may appeal to the collector (appeals) within three months from the date of recommunication to him of such decision or order. ..... however, while saying so, we are conscious of the fact that section 130 provides for a statement of case to high court. ..... but that is not to say that the petitioner (appellant) will have to exhaust the other remedy before coming to this court as provided for under sections 128 and 129-a of the customs act, 1962. ..... : 1986(24)elt469(cal) , the learned single judge upheld the validity of levy of penalty under section 116 of the act. ..... incidentally, it also provides for suo motu powers under section 129-b of the act. ..... therefore, an appeal would lie against an order passed by the deputy collector of customs under section 128 of the act. .....
Tag this Judgment!