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Deputy Commissioner of Income Tax Vs. Rampur Distillery and Chemical C ...

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)64ITD279(Delhi)

..... 3 which was introduced by the direct tax laws (amendment) act, 1987, also nowhere provides that any permission granted for change of accounting year prior to the introduction of the new provision of s ..... 3 of the it act, 1961, as amended by the taxation laws (amendment) act, 1987." 3. ..... 3 made by the direct tax laws (amendment) act, 1987 passed on 24th january, 1988, the previous year pertaining to 19th september, 1990, had to be closed on 31st march, 1989 ..... the aforesaid direct tax laws (amendment) act, 1987, inter alia, amended the provisions of s. ..... 3 which was introduced by the direct tax laws (amendment) act, 1987, w.e.f. ..... 3(4) on 7th december, 1987, the direct tax laws (amendment) bill, 1987, was introduced on 11th december, 1987 ..... the amending act was passed on 24th january, 1988.thus, the amending bill had not even seen the light of the day till the permission for change of accounting year was granted by the ao ..... the said amendment act received the assent of the president on 24th january, 1988 ..... 3 are patently wrong because the amending bill was itself introduced in the parliament on 11th december, 1987, and the act was passed on 24th january, 1988 ..... he also contended that the amended law did not prescribe any limit for the length of the transitional previous year relating to asst. ..... therefore, as a result of operation of the amended law, the previous year which was earlier allowed by the ao to cover the period from 1st january, 1987 to 30th june, 1988, had to be extended upto 31st march, .....

Dr. Indra Chand JaIn Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... 143(5) that the provisions as they stood immediately before their amendments by the direct tax laws (amendment) act, 1987, shall apply to and in relation to any assessment for the assessment years commencing on 1st april, 1988, or any earlier assessment years and reference in the said sections to the other provisions of the act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year. ..... 59 from which an intent to give retrospective effect to it can be concluded.3.1 to meet the arguments of the learned counsel with reference to integrated scheme of amendments made by direct tax laws (amendments) act, 1987, the learned departmental representative referred to provisions of s. ..... 147 as amended in 1987 by the direct tax laws (amendment) act, 1987, would be applicable where limitation under old law had not expired. ..... he, therefore, emphasised that legislature has indicated separate dates in relation to amendments made by the direct tax laws (amendment) act, 1987, and that it will be wrong to construe that the amendments made in s. ..... the changes brought about by the direct tax laws (amendment) act, 1987, in various provisions of the it act are part of an integrated scheme of amendments. ..... 147 of the it act by the direct tax laws (amendment) act, 197, w.e.f. ..... 147 are procedural in nature and not substantive.he submitted that though the amendments have been made by the direct tax law (amendment) act, 1987, w.e.f. .....

Hem Raj Vijay Kumar and Co. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2001)78ITD304(Delhi)

..... has referred to only clauses (a) and (d) of section 3{i) and, therefore, we will confine ourselves to these provisions, which, prior to amendment by the direct tax laws (amendment) act, 1987, with effect from 1-4-1989, stood as under :-- "3 ..... was pointed out that in view of insertion of clause 40(ba) by the direct tax laws (amendment) act, 1989, the disallowance of interest could be made only w.e.f. ..... for the assessee firstly contended that in the provisions of section 40, as they stood before amendment made by the direct tax laws (amendment) act, 1989, w.e.f ..... drew an analogy with the provisions of section 67a inserted by the direct tax laws (amendment) act, 1989 w.c.f ..... has taken as many as 11/10 identically worded grounds which challenge assumption of jurisdiction by the cit under section 263 of the income-tax act and the validity of the order passed by him under the said section, to set aside the assessment orders passed by the assessing officer under section 143(3) of the act.3.2 on 31-3-1986, a "memorandum of association" was drawn by 26 parties joining as an association of persons to exploit the business for retail sale of country liquor ..... . the department had sought a reference to a question of law under section 256(2) of the act, referred to in para 4 above, which has been rejected by the allahabad high court in kesho ram's case ..... act, was not accepted by the department and at its instance, a question of law was referred by the tribunal to the high court vide statement of case dated .....

Wazir Chand Exports Vs. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... to learned cit action for not allowing deduction with reference to the incentive received by the assessee and claimed under proviso to section 80hhc(3) we found that because of the insertion of 5th proviso to section 80hhc(3) by taxation laws (amendment) act, 2005, with retrospective effect from 1-4-1992 the assessee cannot be declined deduction. ..... (1.2) that the cit erred on facts and in law and exceeded his jurisdiction in excessive allowance of deduction under section 80hhc without appreciating that examination of claim of deduction under the latter section was beyond the scope of assessment order dated 31-3-2003 passed under section 143(3)(i) of the act. (1.3. ..... (1.1) that the cit erred on facts and in law in exercising revisionary powers under section 263 holding that the assessment order dated 31-3-2003 passed under section 143(3)(0 of the act was erroneous and prejudicial to the interests of the revenue without assuming proper jurisdiction and without satisfying the prerequisite conditions of that section. ..... ) that the cit erred on facts and in law in not appreciating that the assessment order was passed after detailed examination/enquiries and proper application of mind by the assessing officer and exceeded his jurisdiction in revising the assessment order dated 31-3-2003, by " substituting his opinion with that of the assessing officer, which is not permissible in law. (1.4. .....

Pradeep Agencies-joint Venture Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)111TTJ(Delhi)346

..... person as given in clause (9) of section 2 of 1922 act which reads as under: as against the above provisions, they referred to section 4 of the 1961 act [before it was amended by the direct tax laws (amendment) act, 1987, w.e.f. ..... [they expressed that amendments made by direct tax laws (amendment) act, 1987 in section 4 of 1961 act do not make any difference so far as it relates ..... the direct tax laws (amendment) act, 1989, w.e.f ..... of section 167b to the statute by the direct tax laws (amendment) act, 1989 w.e.f. ..... 167b which has been brought on the statute by direct tax laws (amendment) act, 1989 w.e.f. ..... income of any member thereof for the previous year (excluding his share from such association or body) exceeds the maximum amount which is not chargeable to tax in the case of that member under the finance act of the relevant year, tax shall be charged on the total income of the association or body at the maximum marginal rate; (ii) any member or members thereof is or are chargeable to tax at a rate or ..... under any circumstances, substitute its own impression and ideas in place of the legislative intent as is available from a plain reading of the statutory provisions.learned departmental representative further contended that under the act board has power to issue beneficial circulars and there is also no doubt that such circulars are binding on it authorities but he pleaded that the circular had lost its validity in view of ..... at nil on 31st dec, 2003 claiming therein the refund of tds .....

Capt. Harminder Singh Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)62ITD78(Delhi)

..... the learned cit(a) considered the submissions and observed that the amendment made by the direct tax laws (amendment) act, 1987, w.e.f.1st april, 1989, ushered in complete change in the scenario of such special allowances as laid down ..... , 1989, by the direct tax laws (amendment) act, 1987. ..... the direct taxes laws (amendment) act, 1987 (w.e.f. ..... 362 that "the instructions/circulars issued by the cbdt prior to the amendment, which became effective from 1st april, 1989, go to indicate that the various allowances involved, in these appeals, were treated as reimbursement of the expenditure incurred by the employees and, therefore, exempt ..... we feel that keeping in view the present provisions of the it act and of the constitutional law, it is not possible for the tribunal to play a legislative role and supplement the provisions ..... 24 of the general clauses act, 1897, which provide that where any central act is repealed and re-enacted, with or without modifications, then, unless it is otherwise expressly provided, any order, scheme, rule, form or bye-law made or issued under the repealed act, shall so far as it is not inconsistent with the provisions re-enacted continue in force and be deemed to have been made or issued under the provisions so ..... submitted that only legislature has powers to amend the law retrospectively. ..... february, 1989, and further amendments made in notification no. ..... he further urged the tribunal to interpret the law as the various officers of the department have been taking .....

Aman Portfolio (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92ITD324(Delhi)

..... the taxation laws (amendment) act, 1975, was originally introduced as taxation laws (amendment) bill, 1973, which was popularly known as "black money ..... april, 1977, by the taxation laws (amendment) act, 1975. ..... was pointed out that the explanation was inserted by the taxation laws (amendment) act, 1975, w.e.f. ..... decisions clearly show that a tax avoidance provision has been applied only where the situation warranted, namely, where there was attempt on the part of the tax payer to circumvent the law with the motive of reducing his tax liability.the courts have eschewed a wooden approach, by applying the language of the provision as it is without being sensitive to the mischief it is likely to cause to a bona fide or ..... kandaswami pillai (supra) was noticed and it was observed as follows : "broadly stated, the idea behind both clauses in section 46(1) is based on the apprehension of the legislature that the requirement under section 44 of the act, that a debt must be for full consideration and must be incurred bona fide, could be easily defeated by the deceased by making an unconditional gift to the would-be creditor and then borrowing the amount of the value of ..... " thus, in the case of a tax avoidance provision, despite the clear language, the courts have not applied the law on the basis of the plain language of the provision and have not hesitated to look into the object or policy behind the provision to ascertain the true meaning of the section and the above two .....

Assistant Commissioner of Vs. Capital Flour Mills (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)66ITD305(Delhi)

..... it is true that the hon'ble supreme court held that the explanation (2) introduced by the taxation laws (amendment) act 1984 w.e.f.1-4-1985 in section 214 which says that "where in relation to an assessment year, an assessment is made for the first time under section 147, the assessment so made shall be regarded as a regular assessment ..... the said judgment however, nowhere lays down that the provisions of sections namely the explanation (2) added below section 139(8) or section 215(6) introduced by the same amending act, which affects the substantive rights, of the tax payers and fastens a liability for levy of interest under sections 139(8), 215, 216, 217 and 273 will be ..... an easy question to be answered that the similar view as has been taken by the hon'ble supreme court in relation to section 214 win automatically apply for interpretation of sections 139(8) and 215(6) introduced by the amending act 1984 w.e.f. ..... , subsequent to the date of passing of the order by the tribunal on 30th september, 1994, relating to interpretation of section 214 of income-tax act, 1961 cannot be said to have upheld the retrospective operation in relation to interpretation of section 139(8) - explanation (2) and 215 (6) introduced w.e.f.1-4-1985 and it cannot be validly contended that the order passed by the ..... or decrease in accordance with the variation in the quantum of the excess payment of tax brought about by the orders passed subsequent to the regular assessment in accordance with the amended law. .....

Harbans Lal Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)44ITD512(Delhi)

..... simple interest at fifteen per cent per annum on the amount of refund due from the date immediately following the expiry of the period of three months aforesaid to the date on which the refund is granted.by taxation laws (amendment) act, 1975 a new section 244(1a) was introduced with effect from 1-10-1975, which provided : (1a) where the whole or any part of the refund referred to in sub-section (1) is due to the assessee as a result of any amount having been ..... 244 became due to the assessee as a result of any amount having been paid after 31-3-1975 pursuant to an order of assessment or penalty passed and if such amount or part thereof was found in appeal or other proceeding under this act to be in excess of the amount which such assessee is liable to pay as tax or penalty, the central government shall pay to such assessee simple interest at the specified rate on the amount so found to be in excess from the date on which ..... 31st day of march, 1975, in pursuance of any order of assessment or penalty and such amount or any part thereof having been found in appeal or other proceeding under this act to be in excess of the _ amount which such assessee is liable to pay as tax or penalty, as the case may be, under this act, the central government shall pay to such assessee simple interest at the rate specified in sub-section (1) on the amount so found to be in excess from the date on which .....

Gaurav Khullar Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)110TTJ(Delhi)914

..... the taxation laws (amendment) act, 1986, had changed thoroughly the system of allowing ..... however, the facts of the case before us are entirely distinguishable and the assessee himself in the depreciation schedule shown the value at which old car was sold through financier.thus, the case law referred by the learned authorised representative is of no help to the assessee for coming to the conclusion that sale price of car sold/taken away by financier and which did not form (part) of the block of assets as ..... in order to simplify the existing cumbersome provisions, the amending act has introduced a system of allowing depreciation on block ..... have considered the rival contentions, carefully gone through the relevant provisions of the it act, 1961 with regard to claim of depreciation and also deliberated on the case laws referred to by the learned authorised representative during the course of hearing before us ..... interest of justice and fair play, we restore the matter back to the file of the ao for arriving at wdv of block of assets keeping in view the provisions of section 43(6)(c) of the act and recompute the claim of depreciation as per amended provisions of section 32(1) of the act, as discussed hereinabove.10. ..... prior to the amendment of section 32(1) of the act, the old system in this regard requires the calculation of depreciation in respect of each capital asset separately and not in respect of block of assets.this requires elaborate bookkeeping and the process of checking by the ao .....