Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2001 Court: income tax appellate tribunal itat allahabad Page 1 of about 32 results (0.182 seconds)

Rajendra Automobiles Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1988)25ITD555(All.)

..... president of the income-tax appellate tribunal nominated the third member, who vide his order dated 15-1-1988 held that the penalty is leviable in accordance with law prior to the amendment of section 271(1)(iii) by the taxation laws (amendment) act, 1975 which came into effect from 1-4-1976 as the concealment in this case was made on 21-8-1975 when the return was filed by the assessee.he ..... of the supreme court in the case of brij mohan (supra), i hold that the penalty is leviable in accordance with law prior to the amendment of section 271(1)(iii) by the taxation laws (amendment) act, 1975 which came into effect from 1-4-1976 as the concealment, in this case was made on 21-8-1975 when the return ..... with him, that the penalty should be imposed as prescribed under the statute at the time when the order imposing penalty was made, that is to say, in accordance with the law as it stood after amendment by the taxation laws (amendment) act with effect from 1-4-1976, since the income-tax officer passed the penalty order on 18-3-1980, while the return was filed on 21-8-1975.2. ..... state the point of difference as follows : whether, on the facts and in the circumstances of the case, penalty for concealment of income under section 271(1)(c) of the income-tax act, 1961 is leviable in accordance with the law as it stood after the amendment of section 271(1)(iii) by the taxation laws (amendment) act, 1975, with effect from 1-4-1976 or the law applicable on the date of filing of the return, i.e. .....

Krishna Mohan Agarwal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1985)13ITD378(All.)

..... as section 64(1)(iii) with effect from 1-4-1976 was to refer only to the income, which arose after 1-4-1976 and that this omission had no relevance to the assessment year 1976-77.referring to the various provisions in the taxation laws (amendment) act, 1975, he contended that all of them did not come into effect on 1-4-1976 but were effective from different dates and, therefore, there was nothing wrong on the part of the assessee to have a belief that ..... it was next contended by the learned counsel for the assessee that the original section 64(1)(ii) [corresponding to section 64(1)(iii) of the new section] before its amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, roped in only that income which arose directly or indirectly to a minor child of such individual from the admission of the minor to the benefits of partnership in a firm in which such individual was a ..... it is no doubt correct that various provisions in the taxation laws (amendment) act, 1975 were effective from different dates. ..... it is laid down after the amendment in the form of return carried out with effect from 1-4-1972 providing that 'income arising to spouse or minor child or any other person as referred to in chapter v of the act' there is no longer any scope for arguing that the assessee is not bound to disclose such income in the return to be furnished by him.6 ..... in other words, the act, as it stands amended on the 1st april of a financial year must apply to the assessment for that .....

B.P. Singh Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1983)3ITD516(All.)

..... we may observe here that the allahabad high court in the case of madho prasad (supra) was dealing with the provisions of section 64(1) of the act as it stood before its amendment by the taxation laws (amendment) act, 1975 with effect from 1-4-1976. ..... " although there has been an amendment to the section, but it appears that there is no amendment to clause (i) of section 64(1), which reads that "in computing the total income of any individual, there shall be included all such income as arises directly or indirectly to the spouse of such individual from the membership of the spouse in a firm ..... the case of the ito, therefore, was that the interpretation given by the court in the case of madho prasad (supra) before the said amendment also applied to the case of a wife. ..... " the words 'in which such individual is a partner' appears both in clauses (i) and (ii) before the amendment of the section. ..... the assessment was also made under section 143(1) of the income-tax act, 1961 ('the act') on the declared income.4. ..... the ito in the light of the aforesaid decision of the allahabad high court thought that there was a mistake in the assessment of the assessee, which could be rectified under section 154 of the act. .....

income-tax Officer Vs. Gopi Chand

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1983)3ITD278(All.)

..... 64(1) has been amended by the taxation laws (amendment) act, 1975 with effect ..... been referred to me by the president of the tribunal under section 255(4) of the income-tax act, as there was a difference of opinion between the accountant and judicial members, who had earlier heard ..... on the other hand, clause (iii) of the amended section 64(1), lays down that in computing the total income of any individual, ' there shall be included all such income as arises directly or indirectly to a minor child of such individual from the admission of the minor ..... will also be seen that the only difference between section 64(1)(ii) before the amendment and section 64(1)(iii) after the amendment is that the words 'in which such individual is a partner' have been omitted in the amended provision. ..... clause (ii) of section 64(1) before its amendment, laid down that in computing the total income of any individual, there shall be included all such income as arises directly or indirectly to a minor child of such individual from the admission of the minor to ..... the assessee, representing interest received by the minors from the firm in which they had been admitted to the benefits of partnership and thereby added that the order of the aac being erroneous in law and facts be set aside and that of the ito be restored. ..... material change in the main language of the two provisions, the decisions relating to section 64(1)(ii) before its amendment are equally applicable to section 64(1)(iii) of its amended provisions.13. .....

Gorakhpur Petro Oils Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2005)95TTJ(All.)489

..... on a separate sheet of paper which was not signed by the ito the hon'ble karnataka high court held that as the assessment order was made after the insertion of section 292b by taxation laws (amendment) act, 1975, impugned assessment order was in substance in conformity with and according to the provision of the it act ..... of such requisition in the previous year in which the said search was conducted or requisition was made : provided that where the search is initiated or the requisition is made before the 1st day of june, 2001, the provisions of this clause shall have effect as if for the words six assessment years, the words ten assessment years had been substituted; (b) "undisclosed income" includes any money, bullion, jewellery or ..... . ravi kant jain (2001) 250 itr 141 (del) has laid down that block assessment under chapter xiv-b of the act is not intended to be a substitute for regular assessment and its scope and ambit is limited in that sense to materials unearthed during search or requisition of books of account or documents and such other materials or ..... ttj (del) 797 which stand approved by the hon'ble delhi high court as reported in (2001) 250 itr 141 (del) (supra).19 ..... . rajendra prasad gupta (2001) 248 itr 350 ( ..... . vinod danchand ghodawat (2001) 247 itr 448 ..... 31 may, 1999) (2001) 72 ttj (del) 787 : (2000) 73 itd 22 (del).18.1 the facts in the aforesaid case were that the partnership firm m/s kanhaya lal surinder kumar was constituted by two partners namely, sh.kanhya .....

income-tax Officer Vs. Manorama Agencies

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1984)10ITD868(All.)

..... sub-section (1a) has been introduced in section 32 of the act by the taxation laws (amendment) act, 1970, with effect from 1-4-1971. ..... before the tribunal, a ground was raised that the expenditure should have been allowed under section 37 of the income-tax act, 1961 ('the act'), as being expenditure wholly and exclusively held laid out for purposes of business. ..... with regard to the allowance of depreciation to a tenant, an amendment has been made to the income-tax act. ..... the facts, as stated above, are not in dispute and the question clearly is one of law. .....

U.P. Co-operative Federation Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1988)24ITD488(All.)

..... in the proposal that is in the taxation laws (amendment) act of 1984, the notes on clauses contained the following explanation, the paragraph necessitating introduction of the explanation to ..... raised was regarding the mention of the date while the explanation was introduced by taxation laws (amendment) act, 1984. ..... explanation by means of taxation laws (amendment) act of 1984. ..... we have to observe that the taxation laws (amendment) bills brought the explanation as well as an amendment to the provisions contained in section 263 and for harmonious construction and interpretation of the section the effective date of 1-10-1984 is relatable to the amendment contained in sub-section (2) of ..... in respect of the revision of orders passed by authorities below which was earlier to be made within a period of two years from the date of the orders so sought to be revised, which by virtue of the amendment the two years would run from the end of the financial year in which the order sought to be revised has been passed. ..... persons, or incomes or classes of incomes, or cases or classes of cases, references in this act or in any rule made thereunder to the income-tax officer shall be construed as references to the inspecting assistant commissioner and any provision of this act requiring approval or sanction of the inspecting assistant commissioner shall not apply.when the above clauses were introduced simultaneously, amendments were made in section 246 as well as section 264 but somehow or the other the .....

All India Children Care and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... 1st april, 1989, by taxation laws (amendment) act, now under section 143(1) where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, if any tax on interest is found due on the ..... running schools, earning income from such institutions and making investment in purchase of buses and buildings.according to the learned counsel, the income of the school is exempt under section 10(22} of the it act and it cannot be said that any income has escaped assessment unless there has been some basis to hold that there was no fulfilment of the requisites of section 10(22), the learned counsel relied on ..... sub-section (1) of section 143, therefore, lays down only the procedure for sending the intimation and does not lay down procedure of regular assessment as defined in section 2(40) of the it act because for the purpose of regular assessment under section 143(3) or 144, the ao will have to issue notice under section 143(2) after the return is filed, but no such notice is required to be ..... of income, assessment, notice, summons or other proceedings, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment notice, summons or other proceeding if such return of income, assessment, notice, summons or ..... centre (2001) 250 itr .....

income-tax Officer Vs. Geep Industrial Syndicate Ltd.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1987)23ITD448(All.)

..... this explanation was brought on the statute by the taxation laws (amendment) act, 1975, with effect from 1-4-1976. ..... it has the assistance of the experts who advise it on matters pertaining to taxation. ..... 3,50,000 which had been imposed by the income-tax officer (ito for short) under section 271(1)(c) of the income-tax act, 1961 in respect of assessment year 1978-79.2. ..... the law of penalty, which is relevant for the proceedings under consideration before us is in a vital respect different from the law, which was applicable in the case of murugan timber depot (supra). ..... we have to understand the said word as having been used in the same wide sense in which it has been used in clause (c) of section 271(1) of the act. .....

income-tax Officer Vs. Sri Ganga Prasad Jaiswal

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1991)39ITD444(All.)

..... been inserted by the taxation laws (amendment) act, 1975 with effect from ..... the issue of the notice is a condition precedent and its proper service is equally important to bestow jurisdiction on the ito to re-frame the assessment under section 147 of the income-tax act, 1961.in absence of the proper and valid notice and in absence of proper service, the entire proceedings for reassessment and the assessment order framed thereafter, in our opinion, becomes void ..... return of income, assessment, notice, summons or other proceeding furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assessment, notice summons or other proceeding if such return of income, assessment, notice ..... in a subsequent decision in thayaballi mulla jeevaji kapasi's case (supra) and held that service of notice prescribed by section 34 of the indian income-tax act for the purpose of commencing proceedings for reassessment is not a mere procedural requirement, it is a condition precedent to the initiation of proceedings for the assessment ..... as it had been received and communicated to the inspector who had gone to effect the service on 29-3-1985 itself, while there was still three days left to amend the mistake and issue a fresh notice on the legal heir within the limitation prescribed under the law. .....