Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: allahabad Page 1 of about 231 results (0.074 seconds)

Shervani Industrial Syndicate Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2006)99TTJ(All.)123

..... section, a notice is mandatory and not a mere formality. in the provisions of section 143(2), as they stood before substitution by the direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, no time-limit was prescribed for issue of a notice. it was in the context of the pre ..... to the appellant and in response to such show-cause notice, the appellant again made detailed submissions and even referred to various case law. after considering all these materials and information, including the position of law, the ao granted exemption.32. subsequently, the hon'ble supreme court in the case of cit v.mahalaxmi sugar mills co. ltd. ..... proves that the decision taken to initiate action under section 263 was justified. 6. because the findings as aforesaid are wholly misconceived and even inconsistent with the material and information on record and assumption of jurisdiction under section 263 on such misconception has rendered the impugned order dt. 27th feb., 2004, as vitiated in law. 7. because .....

Gorakhpur Petro Oils Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2005)95TTJ(All.)489

..... order was made after the insertion of section 292b by taxation laws (amendment) act, 1975, impugned assessment order was in substance in conformity with and according to the provision of the it act. hence, assessment order was not invalid under section 292b of the it act and could not be nullified.4.3 similarly the hon'ble allahabad ..... transactions of investment in the assessee-company. 38. it is, therefore, seen that the assessee has no explanation to offer on the aforesaid important evidence/information found during the search. as regards the assessee's reliance on the affidavits of the so-called shareholders, it is submitted as stated earlier also that ..... recorded in the books of account or other documents found during the search may require further clarification, inquiry or investigation.in my opinion, the material or information gathered during the course of investigation or inquiry in respect of such entry or transaction recorded in the books of account or documents, etc. found during .....

Commissioner of Wealth Tax Vs. Smt. Jamuna Devi.

Court : Allahabad

Reported in : (1992)102CTR(All)95

..... matter to the iac to impose penalties on the assessee for each of those years. in appeal before the tribunal, the assessee contended that in view of the amendment by the taxation laws (amendment) act, 1975, w.e.f. 1st april, 1976, the iac had no jurisdiction to impose the penalty as the order had been passed in march, 1977. the ..... iac on 28th october, 1977, i.e., after the date he ceased to be the 'competent authority' and was divested of the jurisdiction in view of the amendment made by the taxation laws (amendment) act, 1975, w.e.f. 1st april, 1976, in our opinion, the iac had no power to pass the impugned penalty orders under s. 18(1)(c) ..... . iac & anr. : [1983]142itr101(all) and cit vs . lal chand jain : [1989]180itr448(all) . in the last mentioned case, it was held that by the amendment brought about by the taxation laws (amendment) act, 1975 the legislative intention was to destroy the continuance of the power of the iac even in respect of the matters which had already been referred to .....

Sir Shadi Lal Enterprises Ltd. Vs. Additional Commissioner of Income T ...

Court : Allahabad

Reported in : (2003)185CTR(All)146

..... ao :provided that no directions which are prejudicial to the assessee shall be issued before an opportunity is given to the assessee to be heard.'by the direct taxation laws (amendment) act, 1987, the words 'iac' were substituted by the words 'dy. cit' from 1st april, 1988. it may be noted that the orders, copies of which are annexures 8 ..... cit) to issue the direction referred to in annexures 8 to 12 of the writ petition.15. it may be mentioned that section 144a was inserted by the taxation laws (amendment) act, 1975 w.e.f. 1st jan., 1976. as originally enacted section 144a read as follows :'an iac may, on his own motion, or on a reference being made ..... , copies of which are annexures 8 to 12 to the writ petition.2. heard learned counsel for the parties.3. the petitioner is a company registered under the indian companies act. it is engaged in the business of manufacture and sale of sugar, industrial alcohol, etc., in its three manufacturing units, (1) upper doab sugar mill located at shamli .....

Arun Kumar Maheshwari and ors. Vs. Income Tax Officer and ors.

Court : Allahabad

Reported in : (2005)196CTR(All)207; [2006]284ITR642(All)

..... is not made but is confined to the provisions of adjustments specified in clause (b) of section 143(1) of the act.29. under section 147 of the act, as substituted by the direct tax laws (amendment) act, 1987, w.e.f. 1st april, 1989, the only requirement for taking proceeding is that the ao should have reason ..... the matter and not otherwise. at the stage of considering the validity of a notice of reassessment, the question is not whether what is stated in the information or the conclusion drawn, is true or not. the only question at this stage is about the relevancy of the material for formation of the requisite belief.'36 ..... passing a speaking order.on receiving notices under section 148 the appellant filed the returns. the appellant also received notices under section 143(2) calling for further information on certain points in connection with the returns. thereupon the appellant filed writ petitions challenging the notices. the high court dismissed the writ petitions holding that the .....

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

..... up to him to indicate the same as and when he considers appropriate. 84. however, in the assessment proceeding under section 153a of the it act, the information or material or reason to believe for authorising search is not relevant. it was only relevant for authorising the search. 85. in the assessment ..... the second schedule. this schedule was amended by the notification dated 27.3.2008 published in ..... rti act is titled 'act not to apply to certain organizations'. it provides exception to obtaining information from intelligence and security organisations specified in the second schedule to the rti act or any information furnished by them to the government. 48. sub-section (2) of section 24 {section 24(2)} of the rti act also empowers the central government to amend .....

U.P. Forest Corporation Vs. Income Tax Appellate Tribunal

Court : Allahabad

Reported in : (2004)188CTR(All)205

..... supra) first, this judgment has no application to the facts of the present case inasmuch as in this case the tribunal had allowed the rectification application and had amended the final order in appeal by deleting certain additions obviously, this order became a final order in appeal and there is no such situation in the present case secondly ..... in a miscellaneous application towards rectifying the mistake apparent from the record if the order under section 254(2) had taken the shape of modifying by way of amendment on rectification the original order to some extent, then both of the orders, jointly might have been appealable under section 260a, but an order of recall is ..... respondent deserved to be rejected and the writ petition should be treated to be maintainable17. section 254(2) of the it act provides that tribunal may with a view to rectify any mistake, apparent from the record, amend any order passed by it under sub-section (1) it was argued by the learned senior counsel that an order .....

Pradeshiya Industrial and Investment Corporation of U. P. Ltd. Vs. Dep ...

Court : Allahabad

Reported in : (1996)54TTJ(All)438

..... to the above section, a company was free to maintain its accounts on any recognised system of accounting. however, after the inclusion of the above clause by the companies (amendment) act, 1988, maintenance of the accounts on mercantile system became obligatory. the appellant had been maintaining its accounts on cash basis w.e.f. 1st april, 1980. with the introduction ..... for an assessee to establish that the debt had become bad in the previous year in which it was claimed as deduction. the above section was amended by the direct tax laws (amendment) act, 1987, w.e.f. 1st april, 1989 and now the only condition was that it should have become bad and should have been written off ..... a company. earlier a company was free to adopt any method of accounting. however, a change was brought about by the companies (amendment) act, 1988 by adding cl. (b) to s. 209(3) of the above act. after the amendment, the said clause reads as under :'sec. 209(3). for the purposes of sub-ss. (1) and (2), proper books .....

Oxford Academy for Career Development Vs. Chief Commissioner of Income ...

Court : Allahabad

Reported in : (2009)226CTR(All)606

..... the law laid down in the case of aditanar educational institution v. asstt. director of it (exemptions) : (2008) 297 itr 376 (mad). regarding the applicability of the amendment in section 12aa(3) of the act, which came into existence on 1st oct., 2004, the learned counsel for the opposite parties stated that it is just clarificatory in nature. even in the absence ..... was conducted at the business premises of the assessee under section 133a of the act on 20th sept., 2002, wherein documents were impounded. during the course of survey, the statement of sri ajit pal chaudhary, the president of the society, was also recorded. on the basis of the information, it was felt by the opposite parties that the society was being run .....

Motor and General Sales Ltd. Vs. Commissioner of Income Tax

Court : Allahabad

Reported in : (2006)203CTR(All)195; [2008]296ITR516(All)

..... estate ltd. (supra), wherein the apex court has held that it is well-settled that the it act as it stands amended on the first day of april of any financial year must apply to the assessment of that year. any amendments in the act which come into force after the first day of april of a financial year, would not apply ..... carried the matter in further appeal before the tribunal. it was submitted that the depreciation rules have been amended vide notification dt. 24th july, 1980. it was also submitted on applicant-assessee's behalf that the it act, as it stands amended on the first day of april of any financial year must apply to the assessment of that year. ..... referred the following two questions of law under section 256(1) of the it act, 1961 ('the act'), for opinion to this court :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that amendment of the it rules, 1962 as amended by cbdt's notification so 562(e), dt. 24th july, 1980 cannot .....