Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Court: income tax appellate tribunal itat amritsar Page 1 of about 19 results (0.183 seconds)

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) .....

Hansa Agencies (P) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... . sec. 254(1) gives power to tribunal to pass such orders as it thinks fit and if there is any mistake apparent from record then the tribunal can amend such order after the mistake is brought to its notice either by the appellant or by the revenue. apart from the interpretations regarding power of the tribunal we are ..... and supreme court. it would have been legally correct if appellant or revenue would have utilised its right by filing an application under s. 254(2) of the it act compelling the tribunal to decide all the issues. but in these cases, we feel a strict decision in accordance with these observations may lead to miscarriage of justice.we ..... may arise where care is not taken by the legislature and therefore various courts have intervened and given their observations and interpretations of s. 260(1) of the it act. one of the thinking which consistently prevailed with the tribunal and the courts, was that in case the order of the tribunal is reversed or disturbed by the high .....

income Tax Officer Vs. Fashionways

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... ." 5. after considering the submissions of the learned counsel of the assessee, the learned cit(a) held that no penalty was imposable under section 271(1)(c) of the it act. the learned cit(a) observed that the assessee rectified the position by filing a revised return and also extended fall cooperation in getting his income assessed on the basis of ..... of rs. 43,489." 4. in the first appeal, the learned counsel of the assessee argued that no penalty was imposable under section 271(1)(c) of the it act as there was no default to conceal the particulars of income or furnish inaccurate particulars of income. the return was revised before the completion of the assessment and the revised ..... income was revised after the impounding of books under section 131(3) of the it act, 1961. 2. it is prayed that the order of the learned cit(a) may be vacated and that of the ao be restored. 3. that the appellant craves leave to add or amend the grounds of appeal before the appeal is heard and disposed of." 3. .....

Dr. Daljit Singh Eye Hospital (P) Vs. Deputy Commissioner of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2002)83ITD179(Asr.)

..... for the purpose and within the meaning of section 2(f) of the central excises and salt act, 1944, even prior to the amendment of the section by section (2) of the central excises and salt and additional duties of excise (amendment) act, 1980. the view expressed in empire industries ltd. v. union of india (1986) 162 itr ..... manufacture and, therefore, the assessee, which carried on the business of rearing chicks to broilers by applying scientific process and technology, was not entitled to the special deduction under section 80hh of the it act, 1961, the assessee preferred an appeal to the supreme court. the supreme court dismissed the appeal." the hon'ble supreme ..... the aforesaid case laid down the ratio that by applying scientific process and technology was not entitled to the special deduction under section 80hh and 80-1 of the it act, 1961.in the present case also, the assessee applied scientific process and technology but by applying those processes, the nature of the lense did not change .....

income Tax Officer Vs. Bir Engg. Works [Alongwith Misc.

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2005)94ITD164(Asr.)

..... hon'ble supreme court on the technical ground that the state of madras, a necessary party, had not been impleaded. when the constitutional validity of an amendment act, 1996, amending the 1921 act, was challenged a division bench of the high court entertained some doubt about the correctness of the earlier decision in varadaraja pillai's case (supra) and ..... anr. (2003) 263 itr 658 (sc). the facts of the case before the hon'ble supreme court were that the constitutional validity of an amendment act of 1960 amending the madras city tenants protection act, 1921 was upheld by the madras high court in varadaraja pillai's case (1972) 85 mad lw 760. appeals by special leave were dismissed by ..... may, if the board is of opinion that it is necessary in the public interest so to do, be published and circulated in the prescribed manner for genera! information; (b) the board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general .....

J and K Cigarettes (P) Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2006)102TTJ(Asr.)1028

..... the asst. yr. 1988-89, this was rejected by the tribunal. thereafter, the revenue moved an application under sub-section (2) of section 256 of the act before the high court and we were informed that the same is still pending with the high court. the tribunal had also upheld the orders of the cit(a) dt, 19th jan., 1995 for the ..... and to justify that the expenditure incurred was genuine and was for the purpose of assessee's business. in reply, the assessee's counsel stated that by virtue of an amendment, to sub-section (1) of section 251, power of the cit(a) for setting aside the assessment was taken away w.e.f. 1st june, 2001. the assessee submitted that ..... . 5. that the appellate order is full of surmises and conjectures and has been passed by violating all the norms of natural justice. 6. that the assessee craves leave to amend, alter or raise any other ground of appeal at the time of hearing not having been mentioned herein.2. the facts common for all the assessment years are that the .....

Arun Sameer Associates (P) Ltd. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... ors. (1992) 196 itr 838 (ori). while deciding a similar issue the hon'ble orissa high court has held (p. 840) as under: "section 254(2) empowers the tribunal to amend any order passed by it under sub-section (1) with a view to rectify any mistake apparent from the record at any time within four years from the date of ..... , at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1), and shall make such amendment if the mistake is brought to its notice by the assessee or the ao." from the above, it is clear that time allowed for ..... could not give any jurisdiction to the hon'ble bench if that jurisdiction was not available under the act. the jurisdiction could not be assumed by the hon'ble bench merely on the basis of any defect in the appeal form or any wrong information furnished in the appeal form. (5) again penalty is levied under section 271b for default in getting .....

Sh. Durga Prashad Goyal Vs. the Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2006)98ITD227(Asr.)

..... transaction in original assessment proceedings could not have initiated the reassessment proceedings on the same facts. section 147, prior to its substitution by the direct tax laws (amendment) act, 1987, w.e.f. 1.4.1989 had two clauses, namely (a) and (b). in the present appeals, we are concerned with the unamended ..... the assessee had recorded false entries in its account books, the assessing officer would be justified under section 147(a) to initiate reassessment proceedings provided the information gathered after the completion of the assessment is specified, reliable and relevant. (b-i) in particular the initiation of re-assessment proceedings would be ..... issued were beyond the time provided under the law. the legality of the initiation of reassessment proceedings were also objected to on the plea that subsequent information to the assessing officer that money lenders were not genuine did not justify the reassessment proceedings. however, the contention of the assessee did not find .....

Assistant Commissioner of Income Vs. Asian Exim International

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2008)113TTJ(Asr.)427

..... ao should have finally ascertained the facts by legal evidence. they only mean that he forms a belief from the examination he makes and if he likes from any information that he receives. if he discovers or finds or satisfies himself that the taxable income has escaped assessment, it would amount to saying that he had reason to ..... assess or reassess the income, if he has "reason to believe" that such income chargeable to tax has escaped assessment for that assessment year. the amended provisions of section 147 of the act are liberal and confer more power on the ao for initiating the reassessment proceedings. in the case of asstt. cit v. rajesh javeri stock brokers (p ..... the submissions of the ao and have gone through the "copy of reasons recorded by ao which led to initiation of proceedings under section 148 of the it act in the case of appellant. i have also gone through the information available on case records. it is gathered from record that before resorting to action under section 148 of .....