Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Sorted by: old Court: patna Page 1 of about 29 results (0.077 seconds)

Fourth Income Tax Officer Vs. Karimia Trust.

Court : Patna

..... the case of prakash lal khandelwal vs . ito & anr. : [1989]180itr604(patna) . besides, to settle the controversy appropriate amendment was made to s. 139 by inserting an expln. 2 to s. 139 by the taxation laws (amendment) act, 1984. therefore, no interest is chargeable either under s. 139, obviously and also for same reasons no interest can be charged ..... even under s. 217(1a) of the act.8. the appeals are now restored to the division bench for passing an appropriate ..... 1st april, 1971. it may be stated here that neither the learned judicial member nor the learned accountant member has referred to this particular amendment while considering s. 11(4) of the act and, therefore, considering the facts of this case i do not find it necessary to go into details and advert to the implications of .....

Fourth Income-tax Officer Vs. Karimia Trust

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1993)45ITD63(Pat.)

..... in the case of prakash lal khandelwal v. ito [1989] 180 itr 604. besides, to settle the controversy appropriate amendment was made to section 139 by inserting an explanation 2 to section 139 by the taxation laws amendment act, 1984. therefore, no interest is chargeable either under section 139, obviously and also for same reasons no interest can ..... be charged even under section 217(1a) of the act.8. the appeals are now restored to the division bench for passing an ..... 1-4-1971. it may be stated here that neither the learned judicial member nor the learned accountant member has referred to this particular amendment while considering section 11(4) of the act and, therefore, considering the facts of this case i do not find it necessary to go into details and advert to the implications of .....

Dhanaraj Singh and Co. Vs. Commissioner of Income Tax and anr.

Court : Patna

..... pleas raised before us, we have to bear in mind that the provisions of ss. 147, 148 and 151 of the it act, as they stood prior to the substitution of those sections by the direct tax laws (amendment) act, 1987, w.e.f. 1st april, 1989, are the relevant statutory provisions governing the matter. for appreciating the controversy ..... during the assessment proceedings of the same assessee for a subsequent year, that the alleged agreement between the assessee and ratiram was bogus, there was no other information or material from any other external source which came to the notice of the ito after the assessment proceedings which could enable the ito to form a ..... draft. a confirmatory letter from the company was also produced. the assessments were completed on that basis. thereafter, the ito having jurisdiction over the calcutta company informed the ito of the assessee in a different place that the managing director of the calcutta company had made a confession to the effect that the company was .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... the provisions contained in sections 30 to 43a.4. the id. counsel for the assessee submitted before us that "43b" was substituted for "43a" by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 only. thus, as far as assessment year 1986-87 was concerned, the income from business had to be computed in accordance with the ..... it in line with the insertion of section 43b of the act w.e.f 1-4-1984. the amendment in section 29 was operative from 1-4-1984. we, therefore, hold that section 43b ..... case justify amply a similar view with respect to section 29 of the act. this view is further reinforced by the non obstante clause at the beginning of section 43b of the act. we, therefore, conclude that this substitution of "43a" by "43b" by the direct tax laws (amendment) act, 1987 w.e.f.1-4-1989 was only clarificatory and to bring .....

Uday Mistanna Bhandar and Complex Vs. Commissioner of Income Tax and o ...

Court : Patna

..... applications, we have heard common arguments. the questions raised are with respect of chargeability of interest under ss. 234a, 234b and 234c of the it act, 1961 (for short, 'the act'). these sections were inserted by the direct tax laws (amendment) act, 1987, w. e. f. 1st april, 1989. a bench of this court in ranchi club ltd. vs . cit : [1996] ..... 217itr72(patna) , while interpreting ss. 234a and 234b of the act, held that interest under these sections should not be charged on excess tax as per income determined under ..... decree cannot contain any such amount. similarly when the assessment order is silent if any interest is leviable, the notice of demand under s. 156 of the act cannot go beyond the assessment order and the assessee cannot be served with any such notice demanding interest. we, therefore, do not feel any difficulty in coming .....

Commissioner of Income Tax Vs. Govind Ram and Co.

Court : Patna

..... 147, the assessment so made shall be regarded as a regular assessment for the purposes of this sub-section.'5. the amending act by which the aforequoted expln. 2 has come into force is by the taxation laws (amendment) act, 1984, w.e.f. 1st april, 1985.6. mr. rastogi further referred to the circular of the cbdt as reported ..... and as recent as in metallurgical & engineering consultants (india) ltd. vs . cit : [1996]218itr499(patna) 4. mr. rastogi has further referred to the amendments made in s. 139(8) of the act by amending expln. 2 thereto which reads as under :'explanation 2. - where, in relation to an assessment year, an assessment is made for the first time under s ..... patna bench, patna, at the instance of the revenue, has referred the following questions for the opinion of this court under s. 256(1) of the it act, 1961 (for short, 'the act') :'(1) whether, on the facts and in the circumstances of the case, it was permissible to the assessee to challenge the charging of interest when the .....

Lal Saraf Vs. State of Bihar and anr.

Court : Patna

..... offence.mr. jain, however, confined his argument mainly to the ground that as per the provision of sub-s. (2) of s. 139 of the act, as it stood before its amendment w.e.f. 1st april, 1989, the ao was required to issue a notice to the petitioner and serve the same upon him before the end of ..... , 1984.learned counsel for the petitioner further argued that it was for the department to mention all the ingredients which constituted an offence under s. 276cc of the act for which the petitioner was being prosecuted and it was for the department to allege that the notice was both issued and served on the petitioner-assessee before the end ..... . 2, filed a complaint alleging that on 20th september, 1980, the residential and business premises of the petitioner were searched under s. 132(1) of the it act, 1961 (hereinafter 'the act'). in the course of search a large number of incriminating books of account including duplicate sets of books were seized by the officers of the department. on a scrutiny .....

Competent Authority (Acquisition) Vs. Smt. Lalita Todi and ors.

Court : Patna

..... not pass any final order on the maintainability of the appeal.3. these acquisition proceedings have arisen under chapter xx-a of the act which chapter was inserted in the act by the taxation laws (amendment) act, 1972, w.e.f. 15th november, 1972. this chapter has now ceased to operate in respect of transfer of immovable property ..... factors particularly the fact that the property was encumbered on various counts. the immovable property transferred did not fall within the provisions of s. 269c of the act. it could not be said that there was any difference between the apparent consideration and the fair market value or the consideration was not truly stated in the ..... purchase by central government of immovable properties in certain cases of transfer.with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the it act, 1961, the board has decided that w.e.f. 1st april, 1986, acquisition proceedings under s. 269c will not be initiated in respect of an immovable .....

income-tax Officer Vs. Gayatri Coal Supply Co.

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD237(Pat.)

..... section 44ab, then the defaulter has to be penalised in the manner laid down therein. then he went on tracing the development of section 271b and the amendments which occurred in that section. he came to the conclusion that after 10-9-86, it is for the assessee to prove the existence of reasonable cause ..... "without reasonable cause" not only from section 271b but also from different penal provisions contained in it act by virtue of taxation laws (amendment and miscellaneous provisions) act, 1986 w.e.f. 10-9-1986 and new provision section 273b was inserted in the it act, 1961. this new provision (section 273b) in clear terms lays down that a person who ..... of proof from the revenue to the person charged for the alleged offence or contravention in respect of various obligations and mandates contained in different provisions of the it act, 1961. therefore, mere making a submission or tendering an explanation about a reasonable cause by a person/assessee will not be adequate discharge of onus or .....

Assistant Commissioner of Income Vs. Sharma Cold Storage and Ice Facto ...

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD129(Pat.)

..... .7. apart from supporting the view taken by the learned accountant member, the learned departmental representative invited my attention to expln. 6 inserted in s. 271 of the act by direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989, which runs as under : "explanation 6. - where any adjustment is made in the income or loss declared in ..... omitted to file the return which he was required to file under s. 139(1) of the act or having filed it, there is omission to disclose true and full facts in relation to the chargeable income or the ao has information in his possession that proper income escaped assessment to tax then he may upon formation of a reasonable ..... belief issue a notice to the assessee as provided in s. 148 of the act directing such person to file a return.there are then provisions contained .....