Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2003 section 5 amendment of section 115s Court: mumbai Page 6 of about 1,737 results (0.257 seconds)

Mandhana Exports (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD306(Mum.)

..... 56. respectfully following the same, the issue is decided in favour of the assessee.from the above, it is evident that perhaps the amendment made by the taxation laws (amendment and miscellaneous provisions) act, 1986, and omission of section 34 was not brought to the notice of the learned members of itat (pune bench). therefore, they ..... the assessee, its claim of depreciation under section 32 cannot be allowed.however, the position is altogether different after the omission of section 34 by the taxation laws (amendment & misc. provisions) act, 1986, w. e. f. 1-4-1988. after the omission of section 34, there does not remain any condition of furnishing the information ..... the period 1-4-1988 when section 34 was in existence. as we have already stated, after the omission of section 34 by the taxation laws (amendment and miscellaneous provisions) act, 1986, the position is altogether different and, therefore, the above decisions relied upon by the ld. representative for the assessee would not be .....

Mandhana Exports (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... ). respectfully following the same, the issue is decided in favour of the assessee".from the above, it is evident that perhaps the amendment made by the taxation laws (amendment and miscellaneous provisions) act, 1986, and omission of section 34 was not brought to the notice of the learned members of tribunal (pune bench). therefore, they ..... period 1st april, 1988, when section 34 was in existence. as we have already stated, after the omission of section 34 by the taxation laws (amendment and miscellaneous provisions) act, 1986, the position is altogether different and, therefore, the above decisions relied upon by the learned representative for the assessee would not be ..... its claim of depreciation under section 32 cannot be allowed. however, the position is altogether different after the omission of section 34 by the taxation laws (amendment and miscellaneous provisions) act, 1986, w.e.f. 1st april, 1988. after the omission of section 34, there does not remain any condition of furnishing the .....

Cadbury Schweppes Beverages Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)5SOT647(Mum.)

..... (supra) and also supported by hon'ble kerala high court's decision in cit v. n. krishnan (supra). the other view is that after amendment in the act by taxation laws (amendment) act, 1975, which was with effect from 1st april, 1976, penalty for concealment can be levied even in a case where returned income and assessed income are ..... respect of which particulars have been concealed or inaccurate particulars have been furnished had such income been the total income;" the scope and effect of the amendments made by taxation laws (amendment) act, 1975, has been elaborated in department circular no.204 dated 24-7-1976. in particular, in respect of expln. 4(a) to section 271 ..... expln. 4 to section 271(1) for the purposes of section 271(1)(iii) which was introduced with effect from 1-4-1976 by the taxation laws (amendment) act, 1975. the said expression contemplates that where the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished exceeds .....

Asstt. Cit Vs. Smt. Rasila S. Mehta

Court : Mumbai

Reported in : [2000]82ITD27(Mum)

..... of income which is relevant. as a matter of fact, explanation 3 was inserted and appended to the main provision of section 271(1)(c) by taxation laws (amendment) act, 1975 to promulgate a deeming provision that non-filing of returns of income within the period during which the assessee could file the return of income ..... or furnished inaccurate particulars of such income for the purposes of provisions of section 271(1)(c). this single explanation was replaced by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, and explanation 1 to explanation 4 were inserted. explanation 5, with which we are concerned, had been inserted ..... by the taxation laws (amendment) act, 1984, with effect from 1-10-1984 and, finally, one more explanation, being explanation 6, has been inserted by the direct tax laws (amendment) act, 1989, with effect from 1-4-1989. from this historical background of explanations to section .....

Astt. Cit Vs. Omprakash and Co.

Court : Mumbai

Reported in : (2004)87TTJ(Mumbai)183

..... new section 69d in the income tax act, 1961, with effect from 1-4-1977, which provides that if any amount is ..... under section 69d of the act, the learned counsel relied on the findings of the learned commissioner (appeals) and contended that the learned commissioner (appeals) has deleted the addition correctly as per the provision of law. he invited our attention to circular no. 208, dated 16-11-1976, of the cbdt. the taxation laws (amendment) act, 1975, has added a ..... of tribunal, in its order in the case of chem mech (p) ltd. (supra) after going through the various court cases and also the amendment to section 23 of the act, with effect from 1-4-1996, came to the conclusion that the annual letting value has to be determined on the basis of (i) standard rent .....

North Karnataka Expressway Ltd. Vs. The Commissioner of Income Tax-10, ...

Court : Mumbai

..... a company, be restricted to seventy five per cent of the amount calculated at the percentage, on the written down value of such assets, prescribed under this act immediately before the commencement of the taxation laws (amendment)act, 1991 (2 of 1991): provided also that the aggregate deduction, in respect of depreciation of buildings, machinery, plant or furniture, being tangible assets or know how, patents ..... a matter of construction, in the light of several attendant circumstances including the source of the legislative power under the constitution to make the particular law. we have held that the haryana passengers and goods taxation act is a law made pursuant to the power given to the state legislature by entry 56 of list ii. having regard to atiabari tea co. ltd., v .....

Neolex Cables Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2006)(104)ECC511

..... rods does not amounts to manufacture, as such, the final product is not excisable.6. the ld. advocate for the appellants has referred that taxation laws (amendment) act, 2006 wherein rule 16 of the central excise rules, 2002, is amended with retrospective effect from 29.05.2003 to 08.07.2004. the proviso to sub-rule 3 of rules 16 is ..... appellants has furnished a copy of departmental clarifications on central excise circulars & trade notices which points out para 4.3 and 4.4 duly explaining the fact of amendment of rules 16 of central excise rules, 2002 which i would like to extract hereunder: 4.3 accordingly, show cause notices were issued to wire drawing units for ..... the duty on the final product by utilization of cenvat credit availed on the inputs used in the manufacture of wire drawings. this apart the effect of the amendment to rule 16 of the central excise rules, 2002 and the departmental clarificatory note issued by the department makes it clear that the assessee is under no obligation .....

Sbm Engg. Products (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD116(Mum.)

..... assessment, year 1985-86, the return could be filed within the time allowed under sub-sections (1). (2), (3) or (4) of section 139. the taxation laws (amendment) act, 1984 amended section 80 with effect from 1-4-1985 substituting the words 'under section 139' by the expression "within the time allowed under sub-section (1) of section 139 ..... provisions of sub-section (3) of section 139 or within such further time as may be allowed by the income-tax officer. " thus, prior to this amendment by the taxation laws (amendment) act, 1984, with effect from 1st april, 1985, section 80 required the return of loss to defiled under section 139, thus, the returns could be filed ..... forward and set off under sub-section (1) of section 72 or sub-section (2) of section 73 or sub-section (1) of section 74.the taxation laws (amendment) act, 1984 further amended section 80 with effect from 1st april, 1985, substituting the words under section 139' by the expression "within the time allowed under sub-section (1)of .....

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

..... to be a tax on mineral rights. in either case, the impugned cess is covered by entries 49 and 50 of list ii. the west bengal taxation laws (amendment) act 1992 must be and is held to be intra vires the constitution. (h) it is therefore obvious that in spite of land being coal bearing & ..... in state of west bengal v. kesoram industries ltd. (supra) facts show that the constitutionality of the cess act, 1880, west bengal primary education act, 1973, west bengal rural development and production act, 1976 as amended by the west bengal taxation laws (amendment) act, 1992 whereby and where-under cess was levied on 'coal', 'tea', 'brick-earth' and 'minor ..... .coal matters. before it, the hon. apex court observes:136. the amendments incorporated by the west bengal taxation laws (amendment) act 1992 w.e.f. 1- 4-1992 into the provisions of the west bengal primary education act 1973 and the west bengal rural employment and production act 1976 classify the land into three categories: (i) coal-bearing land, .....

Assistant Commissioner of Income Vs. Smt. Rasila S. Mehta and Smt.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)82ITD27(Mum.)

..... return of income which is relevant. as a matter of fact, expln. 3 was inserted and appended to the main provision of section 271(1)(c) by taxation laws (amendment) act, 1975, to promulgate a deeming provision that non-filing of returns of income within the period during which the assessees could file the return of income by new ..... of his income or furnished inaccurate particulars of such income for the purpose of provisions of section 271(1)(c). this single explanation was replaced by the taxation laws (amendment) act, 1975, w.e.f 1st april, 1976, and expln. 1 to expln. 4 were inserted. expln.5, with which we are concerned, has been inserted ..... by the taxation laws (amendment) act, 1984, w.e.f 1st oct., 1984 and, finally, one more explanation, being expln. 6, has been inserted by the direct tax laws (amendment) act, 1989, w.e.f. 1st april, 1989. from this historical background of explanations to section 271(1 .....