Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2003)84ITD370(Mum.)
..... by shri dave in support of the proposition that the declaration was not voluntary.16. let us have a look to explanation 5 which has been inserted by the taxation laws (amendment) act, 1984. it provides that where in the course of a search under section 132, the assessee is found to be the owner of any money, bullion, ..... of 22-9-1989 given by the income-tax department (copy placed on record) wherein the assessees were advised to avail of the concession given by the taxation laws (amendment & miscellaneous provisions) act, 1986 which provided that if during the course of search, the assessee makes a statement under section 132(4) that any money, bullion, jewellery or any ..... assessee has no intention to fabricate any evidence and he includes in his return, the income out of which such assets have been acquired. hence, by the amending act, it has been provided that if an assessee in such cases makes a statement during the course of search admitting that the assets found at his premises or .....
Tag this Judgment!Court : Mumbai
Reported in : [1973]91ITR566(Bom)
..... liability to pay tax in respect of business was introduced by the provisions of section 15c which were first introduced by the taxation laws (extention to merged states) amendment act, 1949 (act no. 67 of 1949). this section has been amended form time to time and the relevant provisions of this section as applicable to the assessment years 1958-59 and 1959-60 ..... a transfer to new business of building, machinery or plant used in the business which was being carried on before april 1, 1948. (this case was prior to the amendment of clause (i) of sub-section (2) above referred to). the only argument on behalf of the revenue was that it was a case of reconstruction of a newly ..... that the hotels is run in the premises which are owned by the company was deleted. when amendment was made in the provisions of section 84 relating to the income of the newly established undertaking or hotel (by finance (no. 2) act of 1967) the requirement that the hotel is run in premises which are owned by the company .....
Tag this Judgment!Court : Mumbai
Reported in : [1960]39ITR432(Bom)
..... investigate into the question whether in facts the notification continued to remain in operation on the date on which the income-tax act, 1922, was amended in the year 1948. it is true that under taxation laws (extension to merged states and amendment) act, 1949, if before august 26, 1949, there was in force in any of merged states any ..... law relating to income-tax, super-tax or business profits tax, such law shall be deemed to remain in operation for purposes connected with the levy, assessment ..... tribunal the department chose to argue the question on the footing that the income-tax law immediately before august 26, 1949, in force in the territory of the raigarh state was as amended by the income-tax and business profits tax (amendment) act, 1948, it is not open now to the department to contend that the assumption .....
Tag this Judgment!Court : Mumbai
Reported in : [1998]229ITR394(Bom)
..... view to avoiding hardship to retiring employees, this clause was inserted with effect from april 1, 1978. it was amended by the taxation laws (amendment) act, 1984. by the said amendment, the words 'on superannuation' occurring in clause (10aa) were substituted by the words 'whether on superannuation'. this amendment was made with retrospective effect from the date of inception of clause (10aa), i.e., april 1, 1978 ..... instance of the revenue :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in upholding the decision of the commissioner of income-tax (appeals) allowing deduction under section 10(10aa) of the income-tax act, 1961, even though the assessee resigned from the employment as per the salary certificate issued by the employer, viz .....
Tag this Judgment!Court : Mumbai
Reported in : [1986]17ITD561(Mum)
..... received by the land-lord from the tenant. the decision was with reference to section 23 as it stood prior to the amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976. by this amendment the annual value has to be deemed to be the annual rent actually received or receivable where the property had been let ..... out. the supreme court took note of this amendment to hod that the sum for which the property might reasonably be expected to ..... rent control legislation is in force the landlord cannot reasonably expect to receive from a hypothetical tenant anything paid over and above the standard rent is regarded by law as unreasonable or excessive. it was by following this ruling that the supreme court held in the case of mrs. sheila kaushish (supra) that the standard .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)56TTJ(Mumbai)258
..... received that should form the basis for determining the annual value. in this context, he has also argued that w.e.f. 1st april, 1976, the section has been amended by taxation laws (amendment) act, 1975, and under the provisions of s. 23(1)(d) [sic 23(1)(a)], the annual rent received or receivable forms the basis for determining the annual value. ..... the case of east india housing & land development trust ltd. vs. cit : [1961]42itr49(sc) and rejected the claim of the assessee. he also observed that the various case law relied upon by the assessee before him did not support the assessees contention because in all these cases the various assessees had taken the properties on lease and thereafter subleased ..... under r. 46a of the it rules.3. on the facts and in the circumstances of the case and in law, the learned cit(a) failed to appreciate that as per the provisions of s. 23 of the it act the alv is deemed to be the sum for which the property might reasonably be expected to let from year to .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1996)(88)ELT182Tri(Mum.)bai
..... . 515 (sc). in his submission reasonable period under all taxation laws have been taken as six months. it is also his submission that this bench and other benches of the tribunal have been consistently holding that rules are always supplementary to the statutory provisions and for raising demand even under the pre-amended rule 57-i, the period prescribed was applicable. he refers ..... -1986, to 24-3-1986. the show cause notice was issued invoking provisions of rule 57-i of the rules, read with section 11a of the central excises and salt act by the superintendent. initially the said show cause notice was adjudicated upon by the assistant collector. in the appeal before the collector (appeals) it was observed that because the period .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1989)31ITD408(Mum.)
..... over which the income-tax officer had no control. he further submitted that the explanation inserted by the taxation laws (amendment) act, 1984 to section 263(1) with effect from 1st day of october, 1984 was an amendment of a clarificatory nature and will not apply retrospectively in relation to assessment proceedings for assessment years 1975- ..... provisions, a clarificatory provision has no retrospective effect but is always prospective in its operation.he further invited our attention towards the notes on clauses of taxation laws (amendment) bill 1984 appearing in 149 itr (st.) p.62 which shows that the aforesaid explanation inserted with effect from 1st day of october 1984 merely ..... regarded as an order passed by the income-tax officer. he submitted that it is ,thus evident from the notes on clauses that the said amendment was of a clarificatory nature and cannot be made applicable with retrospective effect. the learned assessee counsel therefore submitted that the order passed by the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2000)74ITD442(Mum.)
..... has no bearing on the matter before us. the dispute in this appeal is on the scope and impact of provisions of s. 153(2a). these provisions inserted by the taxation laws (amendment) act, 1970 w.e.f.1st april, 1971, are as under : "153(2a) notwithstanding anything contained in sub-ss. (1) and (2), in relation to the assessment year commencing ..... consequence of an assessment made on the firm under s. 147.9. simultaneously on the introduction of the provisions of sub-s. (2a), the provisions of sub-s. (3) were amended inasmuch as, the expression "subject to the provisions of sub-s. (2a)" was inserted.10. on a plain reading of sub-s. (2a) of s. 153, it is seen ..... passed within that period. if the order is set aside on appeal and the appellate order directs a fresh order to be passed, then there is no requirement of law that the consequential order to give effect to the appellate order must also be passed within the statutory period of limitation. reference in this behalf is invited to the supreme .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2002)81ITD219(Mum.)
..... . in our view, the language of the provisions of section 215(3) is significant in this respect. the provisions of section 215(3) as substituted by the taxation laws (amendment) act, 1984, mandatory required enhancement pr reduction of interest if the amount on which interest was payable had been increase or reduced. it is further significant to note that ..... the subsequent assessment order in compliance to section 263 was not a "regular assessment" interest under section 215 was not chargeable. in that judgment they also considered the amendment to section 215 brought in w.e.f. 1st april, 1985. the learned cit(a) also held that provisions of section 215(6) referred to a reassessment ..... opinion, this debate is not material in relation to the asst. yrs.1985-86 and onwards. the case law relied upon by the assessee before the learned cit(a) in this respect pertains to assessment years prior to the amendments, particularly the provisions of section 215(3) w.e.f.1st april, 1985. even the judgment of .....
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