Judgment Search Results Home > Cases Phrase: information technology amendment act 2008 section 46 amendment of section 87 Sorted by: old Court: patna Page 2 of about 29 results (0.250 seconds)

Assistant Commissioner of Income Tax Vs. Sharma Cold Storage and Ice F ...

Court : Patna

..... 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 the ..... 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 .....

Sunderdas Haridas Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD89(Pat.)

..... retirement from service from inclusion in the assessee's total income, was inserted into section 10 to be effective from april 1, 1978, by the finance act, 1982, no consequential amendment of section 17(3)(ii) was made. that demonstrates the intention of parliament to the effect that all categories of payment by way of leave encashment ..... legislation which is relevant to appreciate the point.3. capital gain was not included in the definition of term "income" in the indian income-tax act, 1922 prior to amendment of section 2(6c) and insertion of new section 12b relating to capital gains the above was done under entry 54 in list i of the ..... seventh schedule of the government of india act, 1935. this entry with which definition of "income" was challenged before the constitutional bench of supreme court in the case of navinchandra mafatlal (supra). their lordships upheld the validity of amendment and held that capital gains after amendment was taxable "income".4. in the case of manubhai .....

Parikh Engg. and Body Bldg. Co. Ltd. Vs. Assistant Commissioner of Inc ...

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1999)69ITD207(Pat.)

..... the concept of "block assets" for the purpose of depreciation allowance. again, s. 41(2) was also omitted w.e.f. 1st april, 1988, for similar reasons. sec. 50 was amended w.e.f. 1st april, 1988, as a result of the introduction of the concept of block assets, for computation of capital gains in case of depreciable assets. again, s ..... . (42a) of s. 2, where the capital asset is an asset forming part of a block of assets in respect of which depreciation has been allowed under this act or under the indian it act, 1922 (11 of 1922), the provisions of ss. 48 and 49 shall be subject to the following modifications :- (1) where the full value of the consideration received ..... the concept of block assets only capital gains could be computed on sale of depreciable assets as per the provisions of s. 50, and under no other provisions of the it act any profit could be computed and brought to tax on the sale of the depreciable assets. we have already held above that in view of the facts and circumstances of .....

Binod Sarawgi Vs. State of Bihar and anr.

Court : Patna

..... xvii consisting of sections 138 to 142 was introduced by section 4 of the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988. by virtue of this amendment, dishonour of cheques for insufficiency of the funds in the account has been made an offence. section 138 provides that where any cheque issued by ..... and referred back to the drawer with the endorsement that no arrangement for payment of the said cheque had been made. it is alleged that the complainant informed the accused person about the dishonour of the said cheque and have requested to pay the aforesaid sum and also sent legal notice but the accused person ..... the offence is complete and the plea of no liability to discharge the dues cannot be entertained. learned counsel relied upon the decision of the case of electronics trade and technology development corporation ltd. v. indian technologists and engineers (electronics) pvt. ltd. [1996] 86 comp cas 30 (sc) ; air 1996 sc 2339.5. after having .....

Kalyanpur Cements Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... the said deponent requested the secretary-cum-commissioner. department of finance vide letter dated 28.11.2000 to take necessary approval earliest so that it could be informed to the high court. on 13.12.2000 said mukesh nandan prasad submitted his apology for the language used in his official communication. yet another supplementary counter ..... on 23.1.1998 by a committee headed by the development commissioner which decided that for the purposes of giving sales tax exemption if amendments are required to be made in bihar finance act, the same be done after taking legal opinion. in support of this contention reliance has been placed on the minutes of the ..... one million tone cement plant. the said plant was commissioned in march, 1992 and according to the petitioner the plant is of the most modern and advanced technology. according to the petitioner for the factors beyond their control and reach, the company on account of general recession in the cement industry suffered heavy losses for .....

Deputy Commissioner of Income Tax Vs. Dr. (Mrs.) Leela Prasad

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at592

..... member of aop. since no return was filed in response to the notice under section 148, a notice under section 142(1) was issued and the assessee was also informed as to how the department was thinking that the aop's income had escaped assessment. however, no return was filed. the ao, accordingly, passed an ex parte order ..... similar was the position in the case of the firm which was sought to be assessed as unregistered firm. however, in 1956 there was an amendment in section 23(5) of the 1922 act by virtue of which both firm as well as its individual partners were made exigible to tax in the manner provided therein. as a result thereof, ..... a building was constructed at khazanchi road, patna, which was originally shown as exclusively belonging to dr. (mrs.) leela prasad. there was a search operation under section 132 of the it act, 1961 in the residential premises of dr. narendra prasad/dr. (mrs.) leela prasad and at alok nursing home. after the search, dr. narendra prasad and dr, (mrs.) leela .....

Deputy Commissioner of Income Tax Vs. Murrah Live Stock Agency

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at547

..... to escapement of the income of the assessee from assessment. the fact that the words "definite information" which were there in section 34 of the act of 1922 at one time before its amendment in 1948 are not there in section 147 of the act of 1961 would not lead to the conclusion that action can now be taken for reopening the ..... we refer the below given question for consideration of third member as provided in sub-section (4) of section 255 of the act and request the hon'ble president accordingly. "whether on the basis of information available on account of registration of charge-sheet by the cbi in the case of assessee's relatives and their concerns would be sufficient ..... assessment even if the information is wholly vague, indefinite, far-fetched and remote. the reason for the .....

Deputy Commissioner of Income Tax Vs. Narendra Mohan Bagroy

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2004)84TT(JP.)at570

..... to escapement of the income of the assessee from assessment. the fact that the words "definite information" which were there in section 34 of the act of 1922 at one time before its amendment in 1948 are not there in section 147 of the act of 1961 would not lead to the conclusion that action can now be taken for reopening the ..... certain materials. it is not enough for the ao to have the material in his possession. he must perform further necessary mental act of accepting the material and information as reliable and confirming the belief that can be acted upon. in view of these principles of law, one has to see what was the material before the ao to have a ..... assessment even if the information is wholly vague, indefinite, far-fetched and remote. the reason for the formation .....

Kandra Glass House and Baba Glass and Crockeries House Vs. Commissione ...

Court : Patna

..... ., p. 291, 'it is well settled that if a statute is curative or merely declaratory of the previous law, retrospective operation is generally intended.' in fact the amendment would not serve its object in such a situation, unless it is construed as retrospective.6. mr. sharan, appearing on behalf of the revenue, very fairly states that ..... that any payment beyond accounting period cannot exonerate the assessees from the purview of application of section 43b of the act and accordingly it allowed the appeal of the revenue.3. on these facts the aforesaid questions have been sent for our opinion.4. mr. ashish agrawal, appearing ..... for the month of may and june were not statutorily payable during the accounting year ending on 19th june, 1985, under the provisions of the bihar sales-tax act but paid after close of the accounting year within statutory period. however, on further appeal by the revenue, the tribunal, patna bench, came to the conclusion .....

Core Projects and Technologies. Vs. State of Bihar, and ors.

Court : Patna

..... may have a back end tie-up with the manufacturer/supplier, however for the bidder will be responsible in totality.(b) the bidder should be an information technology & communication company & specializing in it learning services with adequate experience of executing similar projects for at least 300 schools. school should be acknowledged by government ..... holding company" and "subsidiary company" shall have the meaning specified in section 4 of the companies act 1956 (as amended from time to time).11. reliance was also placed upon section 212 of the indian companies act to highlight that the balance sheet of holding company is required to include particulars relating to its subsidiaries ..... which included the appellant and three others including the successful bidder, educomp (respondent no.5 herein). on 06.03.2010 certain amendments were made to the rfp document. the amendments are annexure-3 to the memo of appeal. by another corrigendum dated 06.03.2010, respondent no.4 extended the last date .....