Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat Page 1 of about 617 results (0.213 seconds)

income-tax Officer Vs. Vijay and Co.

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (1988)25ITD124(JP.)

..... certainly agree with the aac. we, however, find that the legislature has stepped in to further clarify the law by inserting the following proviso by taxation laws (amendment) act, 1984 : provided that nothing contained in clause (a) shall apply to a case where the firm is dissolved on death of any of its partners.this proviso ..... judicial member although referred to the decision of the rajasthan high court which according to him governed the issue before him relied greatly upon the amendment brought about by taxation laws (amendment) act, 1984 by which a clause was inserted with effect from 1-4-1975 in section 187 whereby it was provided that a death of ..... for all statutory purposes unless expressly saved by any provision in the income-tax act. the proviso inserted by section 33 of the taxation laws (amendment) act, 1984, did not have such an effect. the department's contention that the effect of the amendment made by the legislature by inserting the proviso was to recognise only dissolutions .....

Leader Valves (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1996)58ITD293(Asr.)

..... the amount to the assessee without his having to make any claim in that behalf. proviso (a) and (b) were inserted by the direct tax laws (amendment) act, 1987, w.e.f., 1st april, 1989 which, inter alia, provides that where the assessment is annulled, the refund shall become due only of the amount, if any ..... assessment and its subsequent revision while an assessee who has paid the tax on the first assessment being made is not entitled to any such interest. the present provision amends this position and enables an assessee to get interest on the tax paid by him in pursuance of the original assessment after 31st march, 1975. if we review ..... ) has merely quashed the order passed by the authorities withholding the refund. it nowhere specifically contains any direction for payment of any interest under any of the provisions of the it act. the learned departmental representative also relied upon the judgments reported in cit vs.rohtak delhi transport p. ltd. (1981) 130 itr 777 (p&h), cit vs. ambala .....

Assistant Commissioner of Vs. Punjab Salt Suppliers

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (1999)69ITD191(Asr.)

..... vs. cit (1986) 157 itr 285 (ap) wherein the high court has referred to explanations i, ii and iii added to the s. 40(b) by the taxation law (amendment) act, 1984 (effective from 1st april, 1985) whereby the separate capacities of a person as individual and as representative of his huf were recognised.recently, it has been held by worthy ..... cl.(31) of s. 2, it pointed out that the definition shows clearly that an individual, huf and a firm are distinct persons/entities for the purposes of the it act.the relevant portion of judgment of worthy supreme court is reproduced hereunder : the question yet remains where an individual is a partner in one capacity e.g. as a ..... under the head 'profit & gains of business or profession" even for periods prior to april, 1985 from which date expln. 2 to s. 40(b) was inserted in the it act, 1961.in the above referred case, the worthy supreme court has referred to decision of rajasthan high court in the case of gajanand poonam chand & bros. vs. cit (1988) .....

Entee Builders Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Lucknow

Reported in : (2003)78TTJLuck952

..... . it was also held that so far as the legal position is concerned, there was no difference between the law prior or after substitution by direct tax laws (amendment) act, 1987.70. in a recent case of cit v. kalvinator of india (supra) the full bench of hon'ble delhi high court has considered the issue relating ..... court are being reproduced below: "that the submission that the present case would be governed by the amended provisions of section 147 of the act was completely misconceived. having regard to the fact that the amended provisions, as substituted by the direct tax laws (amendment) act, 1987, came into force from 1st april, 1989, and the present case related to the asst ..... section 149.even if the order of learned cit passed under section 263 of it act, 1961, is treated as "information" within the meaning of section 147(b), then also the period of limitation in view of section 149 as well as in view of proviso to amended section 147 cannot be more than 4 years. in view of the above .....

Jhalani Tools (India) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1999)69ITD273(Delhi)

..... case (supra), the cbdt had given justification for the levy of additional tax in the following words : "the new s. 143 as substituted by the amendment act, 1987, while dispensing with the necessity of passing assessment orders in all cases did not contain any different provision against filing of incorrect return to show lesser ..... deduction, allowance or relief claimed in the return, which on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed." 11.15. thus, it was submitted, with reference to the above even ..... ) aforesaid, adjustments to be made in the income/loss declared include : "(ii) any loss carried forward, deduction, allowance or relief, which on the basis of the information available in such return, accounts or documents is prima facie admissible, but which is not claimed in the return, shall be allowed. (iii) any loss carried forward, .....

Haryana Wareshousing Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)75ITD155(Delhi)

..... than the advance demanded by the ao under sub-s. (3) or (4) or intimated by him under sub-s. (5).12. sec. 209 of the act, after amendment by the amending act, 1987, lays down the method of computing advance tax payable during a financial year as follows : (a) where the calculation is made by the assessee for paying the ..... 1994) 4 scc 276 in which their lordships concluded that in case dealer deposited full amount of tax which, according to him, was due without wilfully omitting any material information and later on additional amount was found to be payable, then dealer would not be liable to pay interest on the additional amount of tax deposited by him under ..... procurement of foodgrains and thus assessee was not supposed to pay any advance tax and thus interest under s. 234b is not chargeable as assessee has not omitted any information in filing the return and was having bona fide basis for not showing the income from trading in procurement of wheat, etc. as its income because the department .....

Deputy Commissioner of Income Tax Vs. U.P. Forest Corporation

Court : Income Tax Appellate Tribunal ITAT Lucknow

..... ble calcutta high court also held the same view and observed that because the amending provision should be deemed to have been there, in the original principal act from the very beginning, a mistake was apparent from record even though the tribunal finally disposed of the appeal and section 254(2) authorises ..... that after the decision of the hon'ble supreme court of india on the issue relating to applicability of section 11 of the it act, it becomes our bounden and legal duty to correct the mistake by rectifying/ amending our findings in our order dt. 9th sept., 1996, which findings are solely based upon the legal position declared by the judgment ..... k.t.s. umma salma (supra), the hon'ble madras high court has held that the effect of retrospective operation of amendment to section 271(l)(a) of the it act is that it shall be deemed to have been included in the act as from 1st april, 1962. in the case of cit v. kelvin jute co. ltd. (supra) the hon' .....

Uma Polymers (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Jodhpur

Reported in : (2006)284ITR1(Jodh.)

..... discretion and without assigning any reason therefor decline to register a transfer of any share whether fully paid or partly paid.a pubic company, as per the companies (amendment) act means a company which : 19. now we shall discuss the lifting the corporate veil specially in the case of private limited company for protection of revenue. in ..... assessee had submitted a return and given detailed particulars of his assessment, like gir no., etc., the same is entitled to proper weight. having regard to the information collected by the ao from banks of the creditors, identity of the creditors was fully established, the creditors were also found to be assessed to tax.having regard ..... book which may please be referred.21. it is evident from above that in all the cases, except that of shri virendra raj lodha, the ao got information about account of the creditors from their respective banks. photocopies of bank statement of creditors obtained by the ao are available on record. a perusal of aforesaid .....

Peerless General Finance and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)79TTJ(Kol.)915

..... a return showing loss is to be furnished and treatment of returns below taxable limit 9.1 under the existing provisions of section 139(3) of the it act, as amended by the taxation laws (amendment) act, 1970, the ito, on an application made to him for this purpose, is empowered to extend, in his discretion, the time for furnishing a ..... specified to produce, or cause to be produced, such account or documents as the ito may require, or to furnish in writing and verified in the prescribed manner information in such form and on such points or matters; (including, with the previous approval of the cit, a statement of all assets and liabilities not included in the ..... return showing loss is to be furnished and treatment of returns below taxable limit 9.1 under the existing provisions of section 139(3) of the it act, as amended by the taxation laws (amendment) act, 1970, the ito on an application made to him for this purpose is empowered to extend, in his discretion, the time for furnishing a return .....

Ukt Software Technologies Pvt. Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 10b the same was required to be recomputed on the assessed income and benefit of the same ought to have been allowed. 12. that the appellant craves leave to add, amend or alter any of the grounds of appeal. 3. the brief particulars of the case are that assessee's assessments originally were computed u/s 143(1) which were ..... later on reopened u/s 147/148 of the it act. the assessment orders were reopened in view of searches on s.k. gupta group of companies, who were indulging in providing accommodation entries and from the statements recorded in ..... be treated as returns filed in response to notice u/s 147/148. the assessing officer then completed the reassessment proceeding without issuing notices u/s 143(2) of the it act. the ld. cit (a) also did not consider the contentions of assessee and the matter finally reached hon'ble tribunal, which vide its order dated 11th feb. 2011 .....