Court : Andhra Pradesh
Reported in : (1990)89CTR(AP)136; [1991]187ITR246(AP)
..... that there is no difficulty in the court passing the sentence of imprisonment and fine in the case of a company, but ex facie such an order which is contemplated by the section will not be passed as the sentence, so far as the imprisonment is concerned, cannot be executed; but that does not mean that the company is granted exemption from indictment. ..... it is also worthy of note that section 278b was incorporated in the income-tax act through the taxation laws (amendment) act, 1975, with effect from october 1, 1975, so as to place the matter beyond all controversy in cases where the offence is ..... then was), speaking for the full bench, observed that, by a simple rule of interpretation, a company, as contemplated by section 17, is covered for the purpose of prosecution under section 16(1) of the act, that the history of section 16 also shows the legislative stringent that the idea of the legislature was to make punishment more stringent and not to create an ..... these two appeals give rise to the twin questions of law, namely : '(i) whether a company, being a juridical person, is liable for prosecution for an offence under the provisions of the income-tax act and (ii) whether a company, being a juridical person and incapable of being put to bodily punishment like sentence of imprisonment, can be sentenced to fine only though the punitive provision in the tax law contemplates ..... decision of the full bench of that high court and also to the later decision in pnb finance and industries ltd. ..... 1991 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)100CTR(P& H)290; [1991]188ITR550(P& H)
..... petitions, the petitioners seek the quashment of the respective complaints and the proceedings resulting therefrom, inter alia, on the ground that, before the amendment of section 194a, vide finance act, 1987, which came into force on june 1, 1987, there was no provision like the present explanation to sub-section (1) of this section making the crediting of any interest to any account, whether called 'interest' payable account' or 'suspense account', would amount to crediting the interest ..... mittal, learned counsel for the respondent, on the other hand, stated that the explanation inserted by the finance act of 1987 to sub-section (1) of section 194a simply explains the existing provisions of law and had not created any new offence and that, under the mercantile accounting system, the accused-petitioner was bound to show the ..... sibal, learned senior advocate, further elaborated this point contending that this explanation has created a penal offence by filling up the lacuna in the existing provisions of section 194a of the income-tax act and that its operation would be prospective and not retrospective as the provisions of law at the time of commission of the offence had to be seen in order to ascertain whether the petitioners had ..... [1991]188itr402(sc) while interpreting the provisions of section 9(1)(b) of the haryana general sales tax act, ..... state of haryana : [1991]188itr402(sc) ; : [1991]188itr402(sc) , in support of the proposition that the penal provisions of the statute should .....
Tag this Judgment!Court : Kerala
Reported in : [1991]189ITR165(Ker)
..... in disposing of an identical point by a common judgment dated september 17, 1990, this court held that section 43b of the income-tax act, after amendment by the direct tax laws (amendment) act, 1987, the finance act, 1988, and the finance act of 1989 and explanation 2 to the section which took effect from april 1, 1984, should be considered in order to give effect to the proper position of the law applicable to the instant case. ..... in the circumstances of the case, the amount of unpaid tax collected in the last month of the previous year under consideration which was not claimed as a deduction while computing the income under the income-tax act by invoking the provisions of section 43b of the act could not be brought to tax in the assessment years under consideration ?'2. ..... 41,086 being the sales tax collection in the last month of the year payable to the government before the 20th of the next month, is a permissible addition under section 43b of the act. ..... govindaraja reddiar : [1991]187itr417(ker) .3. ..... govindaraja reddiar : [1991]187itr417(ker) . .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC258(Guj)
..... as per the said decision, the west bengal taxation tribunal voided the provisions of sections 4(6)(ii), 5(7)(iii) and sub-section (2a) and 2(b) of section 26a of the bengal finance (sales tax) act, 1941 and the provisions of section 4(2)(i) and 4(2)(iia) and 28 of the west bengal sales tax act, 1954, as amended by the west bengal taxation laws (amendment) act, 1990. ..... of interpretation would require that newly substituted provision of section 15b should be examined after considering what was the position before the forty-sixth amendment, find out what was the mischief that was sought to be remedied, discover true rational for the remedy, the true ratio of the supreme court decision in goodyear case : [1991]188itr402(sc) and the scheme of the new legislation comprised in section 15b and rule 42e which are part ..... petitioners that the view of the kerala high court would not stand in the light of the supreme court decision in goodyear case : [1991]188itr402(sc) and the judicial dictionary, about taxing event as laid down therein also cannot be accepted as we have already discussed earlier that in goodyear case : [1991]188itr402(sc) the supreme court was concerned with the situation where the taxable event covered an entirely different set of commodities which had .....
Tag this Judgment!Court : Kerala
Reported in : [1991]192ITR585(Ker)
..... section 35b(1)(b)(iii) was amended by the finance act ..... 1976-77 dated june 17, 1978) stated that the commission payments to parties who brought about the export sales are allowable as deduction under sub-clauses (i) and (ii) of clause (b) of sub-section (1) of section 35b of the act, and that the said decision was accepted and adopted as part of the (beneficent) circular issued by the central board of direct taxesdated december 18, 1981 (annexure-h1), specifically urged and accepted ..... the appellate tribunal was not invited to make a different approach for the two years (1978-79 and 1979-80), the difference brought about by the finance act is not seen mentioned at all and the appellate tribunal had no occasion to consider the same in its appellate order ; nor was any such ..... the finance act, 1978, made certain amendments with effect from april 1, 1978 ..... section 35b(1)(a) and section 35b(1)(b) of the act were inserted by the finance act ..... or in association with any other person, any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) referred to in clause (b),he shall, subject to the provisions of this section, be allowed a deduction of a sum equal to one and one-third times the amount of such expenditure incurred during the previous year : provided that in respect of the expenditure incurred after the 28th day ..... of case, forwarded to this court as late as on february 1, 1991, does not make any mention about the distinction sought to be made .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)38ITD389(Delhi)
..... the circular of the board, it is patently of the nature of the explanation referred to above which the legislature inserted by the finance act, 1987 with effect from 1-6-1987 and certainly enlarged the scope of section 194a and consequently places a higher burden on a taxpayer than could legitimately be assumed from the plain language of the statute. ..... the said explanation was inserted by the finance act, 1987 with effect from 1 -6-1987 and the contention of the learned departmental representative was that this explanation is of a clarificatory nature and would, therefore, apply even to the period prior ..... of the explanation shows that it was intended to plug a loophole and to remove a lacuna in the language of section 194a and would require a debtor to do what according to the language of section 194a he could reasonably say and understand that he was not required to do. ..... an assessee's appeal against the levy of interest under section 201(1a) of the income-tax act, 1961 for not deducting tax from its interest of rs ..... the board did not say that the amendment to section 194a by the addition of the aforesaid explanation would have ..... the learned counsel for the assessee contended that under the terms of section 194a, tax was deductible only when the amount was credited to the account of the creditor or was paid and since in this case, nothing of that sort had been done, there was no ..... ) of 1990 for assessment year 1984-85] decided vide order dated 2-4-1991 in which i observed as under: 5. .....
Tag this Judgment!Court : Chennai
Reported in : (1992)IILLJ201Mad; (1991)IIMLJ5
..... section 17b of the act by its specific terms, does not even refer to the powers of this court under art. ..... 226, much less restrict the same which is permissible for legislation short of constitutional amendment. ..... (represented by its senior manager) finance and administration v. ..... 17b of the industrial disputes act suggests that pending disposal of a proceeding in the high court against the award, the employer should be directed to pay full wages last drawn by the worker inclusive of allowances, etc. ..... 17b into the act, this court is not denuded of its power to make appropriate orders and give directions depending on the facts and circumstances of each case. ..... 17b of the act has made an inroad into the powers of this court under arts. ..... i admitted the writ petition and granted an interim order of stay on january 22, 1991. ..... 17b of the industrial disputes act to a worker. ..... 17b of the industrial disputes act. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1992)40ITD231(Mum.)
..... there the bombay high court was explaining the scope of explanation (c) to section 263 of the income-tax act as amended by the finance act 1989 with retrospective effect from 1-6-1988. ..... controversy has been raised by the department on the plea that the amendment was darificatory in nature and even if it were not so, the word "shall include and shall be deemed always to have included" in the explanation inserted by the finance act, 1987 would clothe it with the retrospective operation. ..... at the relevant time reads as under: aerated waters in the manufacture of which blended flavouring concentrates in any form are used.the explanation to the item was inserted by the finance act with effect from 1-4-1988 and such explanation would not be applicable and, therefore, to be ignored while dealing with this issue. ..... the light of these decisions and also in the light of the opinion expressed by the board in explaining the provisions of the finance act 1987, the cit (appeals) was not justified in denying the claim of investment allowance claimed by the assessee.4. ..... the board has clearly stated therein that the explanation inserted by the finance act, 1987 was with a view to clarifying the provisions of item ..... same is to come into operation from 1-4-1988 and the legislative inent to this effect has also been brought out in the note on clauses to the finance bill 1987- [see 168 itr (statute) 144].it is stated therein that clause 75 of the finance bill sought to amend item nos. ..... [1991] 187 itr 580 .....
Tag this Judgment!Court : Kerala
Reported in : [1992(65)FLR865]; (1994)IILLJ760Ker
..... is closed down for any reason, every workman having continuous service for not less than one year shall be entitled to notice and compensation as provided in section 25f and if it is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation under section 25f(b) shall not exceed the average pay for three months and four conditions in the explanation by themselves without anything more shall not be deemed to be ..... union of india (supra) i do not find any ground to disagree with the opinion that amended section 25-o does not suffer from any constitutional infirmity especially when the order is operative only for a temporary period of one ..... section 25o, before it was amended by the act 46 of 1982, which came into force in 1984, was in a different form ..... the decision said that even under the present section 25-o, an employer can be compelled not to close down his undertaking in spite of the fact that both from the point of view of security and finance it will be impossible for him to do so and he can still be compelled to pay minimum wages to the employees even though he is not capable of doing so ..... industrial tribunal (1991-ii-llj-159) also struck down section 6-w of the u.p ..... balakrishna iyer, on behalf of the union of india, argued that exhibit p-6 order, dated january 17, 1990 is valid only for one year and when the original petition was filed on april 11, 1991, that order was not in force. ..... p-10 award was passed only on march 2, 1991. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1992)41ITD60(Mum.)
..... concerned with assessment year 1983-84 when section 80hhc as it stood before its amendment by the finance act, 1985 with effect from 1-4-1986, ..... we find that this deduction was originally brought under section 89a by finance act, 1982 and in this connection we may refer to the hon'ble finance minister's speech as under : i will now ..... the purposes of the foreign exchange regulation act, 1973, and any rules made thereunder; (b) 'export turnover' means the sale proceeds of any goods or merchandise exported out of india, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962.this section was brought in by the finance act, 1983 with effect from 1-4-1983. ..... company or a person (other than a company) who is resident in india, exports out of india during the previous year relevant to an assessment year, goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, the following deductions, namely :- (a) a deduction of an amount equal to one per cent, of the export turnover of such ..... he also brought to our notice the provisions of the finance act, 1991 providing that 80hhc deduction would not be eligible on counter ..... 2) act, 1991, viz: the issue, whether sale of goods to foreigners in shops or other establishments situated in india is ..... 1987 dated 4-10-1991], wherein .....
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