Court : Rajasthan
Reported in : (1997)143CTR(Raj)252
..... be of agricultural nature and in this background, the legislative competence of the parliament in introducing the explanation in s. 2(1a) of the it act of 1961 by the amendment act of 1989 is not required to be gone into, since the ground which was sought to be raised by the petitioner was the ground of ..... be entitled to withdraw such amount in accordance with the scheme aforesaid.we quote hereinbelow the impugned amendment effected by the finance act, 1989 :'3. amendment of s. 2 - in s. 2 of the it act as amended by s. 3 of the direct tax laws (amendment) act, 1987 (4 of 1988), in cl. (1a), the following explanation shall be inserted at ..... municipality and a radius of 8 kms. thereof, but the definition of agricultural income has not been correspondingly amended. even today, in spite of the amendment of the definition agricultural income in s. 2(1) by the taxation laws (amendment) act, 1970, the income derived from agricultural land (which includes income derived from sale of such land) .....
Tag this Judgment!Court : Rajasthan
Reported in : (1996)131CTR(Raj)256
..... assessee if the ito, on the basis of information in his possession, had reason to believe that income had escaped assessment for the relevant assessment year.since under the new scheme of assessment (refer to para 5.1 of these explanatory notes), introduced by the amending act, 1987, returns filed will now be accepted ..... of s. 147 and other connected sections to simplify the procedure for bringing to tax the income which escapes assessment, especially in non scrutiny cases. thus, the amending act, 1987, has substituted a new s. 147 which contains simplified provisions as follows :(i) separate provisions contained in cl. (a) and (b) of the ..... amendment act of 1987, it is evident that there are substantial changes. the question, therefore, arises as to whether such changes could be considered to be procedural or substantive. in accordance with law as it was in existence, the assessment on the same change of opinion was not possible and the assumption of jurisdiction was based on the information .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)191CTR(Raj)303; [2005]277ITR166(Raj)
..... w.e.f. - 26th april, 1975 to take care of special circumstances emerging therefrom, article 371f was inserted in constitution of india vide constitution (36th) amendment act, 1975, w.e.f. 26th april, 1975. the combined effect of clauses (h) and (n) was that laws in force in territories comprised in ..... the matter. firstly, that the sikkim was not originally a part of india when it act, 1961, was enacted. leaving aside the historical background, which does not have much bearing on the present controversy, by 36th constitutional amendment act, sikkim was admitted into union of india as a state and special provisions were ..... immediately before the appointed day in the territories comprised in the state of sikkim or any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority;(l)..............................(m) ................................(n) the president may, by public notification, extend with such restrictions or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLC391; 2002(5)WLN136
..... value whereof was exempt from income tax before the commencement of the constitution (twenty- sixth amendment) act, 1971, by virtue of the provisions of the merged states (taxation concessions) order, 1949, or the part-b states (taxation concessions) order, 1950, or, as the ..... can deduct the amount for area found less during joint survey.''your kind attention is also invited to the provisions of section 194-1 of the income tax act, 1961 as amended for compliance as regard recovery of income tax at source and, therefore, the same be deducted while making payment.'5. against aforesaid deduction (ann. 15) ..... palace 'ummed bhawan compound' was declared to be an official residence of ex-ruler of kota. section 10(19a) of the income tax act, as amended by the rulers of indian states (abolition of privileges) act, 1972, reads as under :-'(19a) the annual value of any one palace in occupation of a ruler, being a palace, the annual .....
Tag this Judgment!Court : Rajasthan
Reported in : (1998)144CTR(Raj)305
..... of haryana & ors. : air1985sc1147 , dr. bal krishna agarwal vs. state of uttar pradesh & ors. 1995 lab. ic (sc) 1396 and syed viquar mohd. vs. jawaharlal nehru technological university, hyderabad 1984 (2) slr 294. he held that writ petition could not have been thrown out on the ground of alternative remedy which was not efficacious.10. the finding ..... is a nri, settled in london.when the search and seizure operation resulted in utter failure, mr. shivpuri filed a fir (no. 124/92) under s. 13(1)(e) and 13(2) of the prevention of corruption act, 1988, on the ground that dr. tomar possessed assets disproportionate to his income. reference was also made to a ..... further expressed the view that the officer passing the order under s. 132(5) of the act, should have scrutinised those facts, and why the direction be not issued for modification/cancellation/amendment in the order under s. 132(5) of the act.consequently, six assessment orders have been passed on 22nd march, 1996, and 27th march, 1996, .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)199CTR(Raj)305; [2006]281ITR177(Raj)
..... as shown in the p&l; a/c for the relevant previous year in accordance with the provisions of parts ii and iii of schedule vi to the companies act, 1956.'after the amendment, with the insertion of sub-section (1a) read with the explanation it reads as under :'(1a) every assessee, being a company, shall, for the purposes of ..... in respect of finding that the computation of book profit made under section 115j by the ao was erroneous. for this purpose, he referred to following table about the information furnished by the assessee in his return regarding applicability of section 115j :profit as per p&l; a/c 31,65,800less : amount credited to p&l; a ..... which he thinks ought to be fair and true result by resorting to conceptual theory of true and fair result, by foraying into various other provisions of the companies act, that may provide many other matters to be taken into account for various other purposes. for example, section 49 requires determination of profit for the purpose of determining .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)180CTR(Raj)474; [2003]261ITR741(Raj)
..... ii) xxx xxx xxx (iii) arty one building in the occupation of a ruler, being a building which immediately before the commencement of the constitution (twenty-sixth amendment) act, 1971, was his official residence by virtue of a declaration by the central government under paragraph 13 of the merged states (taxation concessions). order, 1949, or ..... value where of was exempt from income tax before the commencement of the constitution (twenty-sixth amendment) act, 1971, virtue of the provisions of the merged states (taxation concessions) order, 1949, or the part b states (taxation concessions) order, 1950, or, as ..... order, 1949 this palace 'ummed bhawan compound' was declared to be an official residence. section 10(19a) of the income tax act, as amended by the rules of indian states (abolition of privileges) act, 1972, reads as under:-'(19a) the annual value of any one palace in occupation of a ruler, being a palace, the annual .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)219CTR(Raj)461; [2009]317ITR202(Raj)
..... the facts and circumstances of the case and considering the fact that clause (iiid) was inserted in section 28 of the it act. 1961 retrospectively w.e.f. 1st april, 1998 vide taxation laws (amendment) act, 2005, the tribunal was justified in holding that the income derived by the assessee from the sale of depb licenses was ..... learned counsel for the appellant, that after passing of the assessment order, the provisions of it act have undergone change, inasmuch as, taxation laws (second amendment) bill was introduced in lok sabha on 6th dec, 2005, and was passed as taxation laws (second amendment) act, 2005, and was brought into force on 31st oct., 2005. by section 3 thereof ..... , section 28 of the it act was amended by inserting clause (iiid), after existing clause (iiic), w.e.f. 1st april, 1998, which clause (iiid), reads .....
Tag this Judgment!Court : Rajasthan
Reported in : [1990]79STC113(Raj)
..... contended that section 12 has been added in the explanation of section 11-b by the rajasthan sales tax (amendment) act, 1987, w.e.f. april 1, 1987 and it (act no. 7 of 1987) is clarificatory in nature.4. in reply, it has been contended by the learned ..... effect from april 1, 1987. in a taxing act one has to look merely at what it is clearly said. there is no ..... by or under the provisions of this act until the date of quantification.'section 12 does not find mention in it. for the first time, it has been added by section 10 of the rajasthan sales tax (amendment) act, 1987 (rajasthan act no. 7 of 1987), with ..... , there is consistent view of the tribunal that the interest cannot be charged in reassessment proceedings under section 12 of the state act. the tribunal, in the case of abdul karim, stone contractor v. commercial taxes officer reported in (1986) rtc 251, .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)1; [2006]283ITR486(Raj); 2004(3)WLC425
..... valid, this aspect becomes academic.'this clearly goes to show that accepting the general principle and the meaning of 'manufacture' in the specific case of central excise act with its amending provision having retrospective effect, the court came to the conclusion that even under the unamended provision, the view taken in the empire industries' case (supra) did not ..... colour to suit the market by tea traders. tea bought at auction are blended by the traders to suit their own markets. each firm bases its bidding on information provided by tea-taster, who notes the appearance of dry tea, the infused leaf and the infusion; the aroma of both the dry tea and the infused ..... into tea trade will not be out of place here. the tea which reaches consumer market begins it journey with the growing of tea as an agricultural product. the information that emanates from encyclopedia britannica (macropaedia vol. 18) 1980 edn., can be stated in brief as under :tea is made from young leaves and leaf buds of .....
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