Court : Madhya Pradesh
Reported in : (2006)201CTR(MP)385a; [2006]286ITR370(MP); 2006(2)MPLJ18
..... of applicant no. 1 by applicant no. 2. the date of the return was 30th july, 1975 whereas the provisions of section 278b of the it act were inserted by the taxation laws (amendment) act, 1975 w.e.f. 1st oct., 1975. by this provision a deeming provision has been inserted to the effect that 'where an offence under this ..... act has been committed by a company then every person who, at the time the offence was committed, was in charge and was responsible to the ..... prosecuted and only active partners as well as the company can be prosecuted.8. as the provisions of section 278b were introduced in the act for the first time by insertion by amending act, therefore, these provisions being penal provisions cannot be construed to be applicable retrospectively. such penal provisions can always have prospective effect and does .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)51CTR(MP)236; [1986]160ITR860(MP)
..... made a reference to the inspecting assistant commissioner on july 15, 1977, under sub-section (2) of section 274 of the act, even though sub-section (2) of section 274 of the act had been deleted by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, and according to the proviso to sub-clause (iii) of clause (c) ..... of sub-section (1) of section 271 of the act, the income-tax officer himself was empowered to impose penalty with ..... the aforesaid questions.4. the question really is whether the income-tax officer was empowered to make a reference to the inspecting assistant commissioner after the amendments made in the act with effect from april 1, 1976, enabling the inspecting assistant commissioner to impose the penalty in the present case. admittedly, as a result of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1985]156ITR567(MP)
..... aforesaid question of law. 4. in view of the facts that the relevant period in the present case is prior to april i, 1975, from which date section 187(2) of the act wasamended by introducing a proviso therein, this case has to be decided on the'basis of section 187(2), as it stood prior to the amendment. for this ..... reason, the full bench decision of this court in girdharilal nannelal v. commissioner of income-tax : [1984]147itr529(mp) construing section 187(2) of the act prior to the aforesaid amendment, concludes the point and this reference has to be answered accordingly. it was held by the full bench that in such a situation, there was merely a ..... by us in chhote lal rewaprasad v. commissioner of income-tax, misc. civil case 417 of 1981 : [1985]156itr565(mp) relating to the period prior to the amendment of section 187(2) of the act. 5. consequently, the reference is answered in favour of the revenue and against the assessee as under : the appellate tribunal was not justified in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]221ITR387(MP)
..... the concept of dissolution and change in the constitution of a firm, according to the indian partnership act, is not warranted. after the aforesaid decision, section 187(2) was amended by the taxation laws (amendment) act, 1984, with retrospective effect from april 1, 1975, by inserting the following proviso into it :' provided that nothing contained in clause (a) shall ..... 188 of the act.7. applying the aforesaid law to the facts of the present case, one of the partners of the firm died on january 16, 1977, and the firm was reconstituted by taking two, new partners from january 17, 1977. it is, therefore, a case where the proviso added by the amending act of 1984 will ..... case : [1984]147itr529(mp) . if it had noticed the said judgment, it would have come to a different conclusion. however, since the law has been amended retrospectively and the said law applies to the facts of the present case, the decision of the tribunal must be upheld.8. in view of the discussion aforesaid, our answers .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]159ITR149(MP)
..... pursuance of which the income-tax officer was required to refer the matter for imposition of penalty to the inspecting assistant commissioner, had been deleted by the taxation laws (amendment) act, 1975, with effect from april 1, 1976. this contention raised on behalf of the assessee was rejected by the tribunal and on merits the tribunal ..... in holding that the order of the inspecting assistant commissioner of income-tax imposing a penalty under section 271(1)(c) of the income-tax act, 1961, was not bad in law for want of jurisdiction 'the material facts giving rise to this reference briefly are as follows:while framing the assessment for the assessment years 1973- ..... g.g. sohani, j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act '), the income-tax appellate tribunal, indore bench, has referred the following question of law to this court for its opinion :' whether, on the facts and in the circumstances of the case, the tribunal was .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]163ITR840(MP)
..... april 22, 1975, for imposition of penalty under section 271(1)(c) of the act, in accordance with the provisions of section 274(2) of the act as it stood prior to april 1, 1976, when that provision was deleted by the taxation laws (amendment) act, 1975. the tribunal has also stated that there is no pro forma prescribed under the ..... income-tax rules for making a reference under section 274(2) of the act. in view of the facts stated in the supplementary statement of the case, it ..... the reference was made to the inspecting assistant commissioner under section 274(2) of the act in accordance with section 274(2) of the act as it stood at the time of making the reference, the reference would not be invalidated by the subsequent amendment deleting section 274(2) from april 1, 1976. shri choudhary, learned counsel for the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP365
..... energy in its own power house. it has been taxed to electricity duty under section 3 of the central provinces and berar electricity duty act of 1949 as amended by the madhya pradesh taxation laws amendment act, 1956 (act vii of 1956 chap iv). it has prayed that a proper writ or direction should be granted declaring the electricity duty ..... ', simply because the actual legislation taxing consumption is a novelty. i, therefore, find that the state legislature is therefore competent to enact the amendments contained in the madhya pradesh taxation laws amendment act, 1956 (act vii of 1956).8. the application is accordingly dismissed summarily.khan, j.9. i agree. ..... act as ultra vires of the constitution and void as against him, and consequently to enjoin the state government from levying the duty, and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]220ITR203(MP)
..... was referred for answer of this court.4. suffice it to say that in view of the amendment in sub-section (3) of section 80l of the income-tax act, the controversy has now come to an end. this amendment was brought by the taxation laws (amendment) act, 1984, and it was made with retrospective effect, i.e., from april 1, 1976. by ..... this amendment, the following sub-section (3) was inserted in section 80l, which reads as under :' section 80l(3 ..... made by the revenue under section 256(2) of the income-tax act, 1961, from the tribunal and the tribunal has referred the following question of law for opinion of this court :'whether a partner is entitled to exemption under section 80l of the income-tax act in respect of interest earned by the firm on bank deposits held .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]144ITR754(MP)
..... the assessee-firm was illegal on the ground that it was barred by limitation, having regard to the provisions of section 275 of the income-tax act, 1961, as amended by section 50 of the taxation laws (amendment) act, 1970?'2. the material facts giving rise to this reference briefly are as follows : the assessee is a registered firm deriving income from business in ..... court in cit v. fakir chand dayaram( mcc no. 256 of 1976, decided on 7th february : [1983]143itr184(mp) . section 275 of the act, which provides for the period of limitation for imposing a penalty, was amended with effect from 1st april, 1971. in m.c.c. no. 256 of 1976, it was held that (p. 185): 'if in a ..... particular proceeding the period of limitation was still running on 1st april, 1971, the amended provision enlarging the period of limitation would apply'. in view of that decision, our answer to the question referred to us is in the negative and against the assessee.4 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]166ITR296(MP)
..... made for answering the aforesaid questions at the instance of the revenue,5. there is no dispute that in the present case, section 187 of the act, as amended by insertion of the proviso by the taxation laws (amendment) act, 1984, retrospectively with effect from april 1, 1975, applies. the proviso clearly lays down that nothing contained in clause (a) of sub-section (2) of section ..... .j.1. this is a reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue for answering the following question of law :' (1) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in law in confirming the order of the commissioner of income-tax (appeals) directing the income-tax .....
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