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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 .....

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

..... accounts and if found necessary, in practice, future evolution of proforma for furnishing of information by auditors. 3.3 it is pertinent to highlight that by the taxation laws (amendment) act, 1975, section 142(2a) was inserted to the it act, 1961 conferring special power of audit by a chartered accountant in certain cases where ..... was divided on the issue whether the council should increase the ceiling limit of tax audits although factors such as the increased permeation of access to technology and consequential increased professional competence of auditors, dynamic and increasing economy, growth of new and specialized areas of practices, and such other factors prevailed. ..... mind the fact that in future, it may not always be possible for the parliament to go on amending the schedules to the act so as to incorporate newer professional misconducts particularly with emerging technology and its applicability to the profession of chartered accountancy in india, part ii of second schedule by way .....

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, .....

Sushil Suri and ors. Vs. State and ors.

Court : Delhi

Reported in : [2008]303ITR86(Delhi)

..... served a notice on him under section 2(35)(b) and informed him of his intention to treat him as the principal officer of the company.the introduction of section 278b into the statute book w.e.f. 1st oct., 1975, by the taxation laws (amendment) act, 1975, does not alter or take away the mandatory requirement ..... of issuing notice as contemplated under section 2(35)(b) for an offence under section 276b. while inserting section 278b, no corresponding changes have been introduced either under section 2(35)(b) or under section 204(iii) of the it act, 1961. thus, ..... [1995]1scr456 , the supreme court, inter alia, pointed out the distinction and difference between a managing director and a director of a company. it observed:the companies act has, thereforee, drawn a distinction between a director and a managing director; the provisions in the case of the latter are more stringent as compared to that of .....

Mahaveer Enterprises Vs. Union of India and ors.

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) .....

Chandi Ram Vs. Income Tax Officer and anr.

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 .....

Umesh S. Bangara Vs. Union of India (Uoi)

Court : Mumbai

Reported in : (2004)189CTR(Bom)319; [2004]268ITR405(Bom)

..... face of the language employed in sections 234a, 234b and 234c and the objects behind the introduction of the said provisions by means of direct tax laws (amendment) bill, 1987 was to remove uncertainty in the matter of assessments by cutting down the areas of subjective decisions of the tax authority with a view to ..... the courts cannot interfere with the legislative instrument merely because there does not exist a provision in the statute giving some discretion to the authorities constituted under the act. it is well-settled that mere hardship to a particular party cannot be a ground for holding that the statute is unreasonable. under the taxing statutes, ..... and perused the petition and the documents annexed thereto.2. the petitioner challenges the constitutional validity of the provisions of sections 234a, 234b and 234c of the it act as ultra vires the constitution. the petitioner also challenges the legality and correctness of the order of the chief cit dt. 23rd sept., 2003.3. the .....

Commissioner of Income Tax Vs. M.A. Unneerikutty

Court : Kerala

Reported in : (1998)149CTR(Ker)43

..... that once the iac was thus seized of the matter, he did not lose seizin thereof on account of the deletion of s. 274(2) by the taxation laws (amendment) act, 1975. he will continue with the proceedings pending before him on 31st march, 1976. he was entitled to continue with those proceedings and pass appropriate orders according to law. ..... matter of procedure and the amendment act is retrospective in regard also to matters pending before the iac. the full bench mainly followed the reasoning of the division bench of the orissa high court in cit vs ..... seen that the tribunal has followed the full bench decision in cit vs. p.1 isaac & ors. (supra). the said full bench laid down that after the taxation law (amendment) act of 1975, which came into force as on 1st april, 1976, the authorities competent to impose penalty are those mentioned in s. 271. the change of forum is a .....

Commissioner of Income Tax Vs. Sindhubai Vasant Sahukar

Court : Mumbai

Reported in : (1981)24CTR(Bom)153; [1981]131ITR115(Bom)

..... present matter that considering the following observations made in this decision, it is of no help whatsoever to the revenue, in support of the contention that in view of an amended clause, the minor was not made personally liable for the losses :'as we have mentioned before, clause 6 of the present deed, in our opinion, read in the background ..... is even a whisper in the deed that the minors were admitted only to the benefits of the partnership. it is on the background of these basic features that the amendment to cl. 4 on which strong reliance was placed on behalf of the revenue, has to be viewed. under this clause accumulated profits are burdened with the liability ..... from 12-8-1969. that amendment is not included in the paper book but consent of parties, the copy of the same has been taken on record as annexure 'f'. vasantrao made an application to the ito u/s 171 of the it act for recognition of the partial partition referred to above. all details regarding the capital shares etc. were .....

Manish Kumar. Vs. the State of Jharkhand.

Court : Gujarat

..... sections 376/354/306/509/511 read with section 120b of the indian penal code as also under sections 66a/66b/67a/67b and 72 of the the information and technology (amendment) act, 2008.2. learned counsel mr. nilesh kumar submitted that no specific allegation was attributed against the petitioner manish kumar much less the offence alleged under sections 376 ..... kumar was that when the principal accused deepak mahto, shayam mahto and rishu singh failed in their mission to commit gang rape, to which the daughter of the informant declined, the nude photograph which was taken by them on their cell phone was transferred to the cell phone of the other boys just to impeach the character ..... and i further find that the case of the petitioner does not come within the proviso of section 12 of the juvenile justice ( care and protection of children) act, 2000 so as to deny the statutory right of the petitioner of his bail wherein his bail has been made rule and refusal exception.5. in the circumstances, .....