Court : Karnataka
Reported in : [2006]145STC24(Kar)
..... for the benefit of the circular. alternatively, it is contended, that since the circular issued by the commissioner is to give effect to the amendment introduced by the karnataka taxation laws (amendment) act, 1996 retrospectively with effect from april 1, 1986, the circular dated april 12, 1996 is to be applied and intended to apply with effect ..... 12, 1996 even in regard to assessments between the period april 1, 1986 to march 31, 1996 though section 5-c of the act which was substituted by karnataka taxation laws (amendment) act, 1996, with effect from april 1, 1986 is held to be valid piece of legislation by the court. in aid of his submissions ..... affect the past transactions.35. the learned senior counsel sri sarangan would contend that since section 5-c of the act was amended retrospectively with effect from april 1, 1986 by the karnataka taxation laws (amendment) act, 1996, the circular/clarification issued by the commissioner of commercial taxes dated april 12, 1996 was intended to be .....
Tag this Judgment!Court : Allahabad
Reported in : [1992]197ITR183(All)
..... to impose penalties on the assessee for each of those years. in the appeal before the tribunal, the assessee contended that, in view of the amendment by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, the inspecting assistant commissioner had no jurisdiction to impose the penalties as the orders had been passed ..... 1977, i.e., after the date he ceased to be the ' competent authority' and was divested of the jurisdiction in view of the amendment made by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, in our opinion,the inspecting assistant commissioner had no power to pass the impugned penalty order under ..... 142itr101(all) and cit v. lal chand jain : [1989]180itr448(all) . in the last mentioned case, it was held that by the amendment brought about by the taxation laws (amendment) act, 1975, the legislative intention was to destroy the continuance of the power of the inspecting assistant commissioner even in respect of matters which had already .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)195CTR(All)375; [2005]273ITR126(All)
..... whether, on the facts and in the circumstances of the case, learned tribunal was justified in law in not giving effect in the cases under considering to the amendment to section 10(10aa) by the taxation laws (amendment) act, 1984 (part i) which has been amended retrospectively with effect from the assessment year 1978-79 ?'2. the assessment year 1983-84 is ..... v. cit : [1946]14itr561(all) ).11. it may be noticed here that clause (1)(va) was inserted by the taxation laws (amendment) act, 1984 with effect from april 1, 1978. simultaneously section 10(10aa) was inserted by the finance act, 1982 with effect from april 1, 1978. in it, at all places, 'whether on superannuation' was substituted for 'on ..... superannuation' by the taxation laws (amendment) act, 1984, with effect from april 1, 1978. section 10(10aa) as it stood at the relevant point of time provided that the receipt by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]150ITR684(MP)
..... of the case, the iac of wealth-tax had no jurisdiction to impose penalty under section 18(1)(c) of the act, after the amendment of section 18(3) with effect from april 1, 1976, by the taxation laws (amendment) act, 1975. our answer to the question referred to this court, therefore, is against the department.6. reference answered accordingly. ..... case, the inspecting assistant commissioner has jurisdiction to impose penalty under section 18(1)(c) on december 3, 1977, after the amendment of section 18(3) with effect from april 1. 1976, by the taxation laws (amendment) act, 1975 ?'2. the material facts giving rise to this reference briefly are as follows :for the assessment year 1975-76, ..... of this additional fact that we have to answer the question referred to this court.4. by the taxation laws (amendment) act, 1975, which came into force from april 1, 1976, the provisions of section 18(3) of the act, which required the wto to refer the case to the iac in cases covered by that provision, have .....
Tag this Judgment!Court : Mumbai
Reported in : [1995]216ITR660(Bom)
..... first instance, i.e., july 3, 1969, jurisdiction to impose penalty exceeding rupees one thousand was with the inspecting assistant commissioner and the amendment brought about by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, enlarging the jurisdiction of the income-tax officer to cases of concealment/inaccurate particulars up to ..... case of continental commercial corporation v. ito : [1975]100itr170(mad) upon which the tribunal has relied, has been dissented from. after the amendment of section 274 by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the income-tax officer had the jurisdiction in the matter and not the inspecting assistant commissioner and ..... on the part of the detaining authority to the grounds of detention. now, apart from the fact that concepts of preventive detention law cannot straightaway be applied to the income-tax act, even they are by now well-settled. mere use or misuse or wrong placement of the word 'and' or 'or' .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]168ITR116(All); [1987]32TAXMAN448(All)
..... referred was liable to be answered in favour of the department. however, during the pendency of this reference before this court, section 187 was amended by the taxation laws (amendment) act, 1984. by--section 33 of the amending act, a proviso to sub-section (2) of section 187 was inserted with retrospective effect from april 1, 1975, and shall be deemed to ..... returned unanswered with the direction to the income-tax appellate tribunal to rehear the appeal and decide the same afresh, keeping in view the amended provision of section 187(2) of the act. it will be open to the income-tax appellate tribunal, if necessary, to take further evidence in deciding the appeal if the circumstances ..... r.k. gulati, j.1. this reference under section 256(1) of the income-tax act, 1961 (hereinafter to be referred as 'the act'), has been made at the instance of the revenue to answer the following question of law:'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in .....
Tag this Judgment!Court : Kerala
Reported in : [1985]152ITR691(Ker)
..... of rs. 76,000. the assessee took the matter in appeal before the tribunal and one of the principal contentions urged was that in view of the amendment effected to section 274(2) by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, the iac had no jurisdiction to impose the penalty in the instant case and it was only the assessing ..... , cochin bench, has referred to this court, under section 256(1) of the i.t. act, 1961 (for short 'the act'), the following question of law :'whether the inspecting assistant commissioner had jurisdiction to impose the penalty in question under section 271(1)(c) after the amendment by the taxation laws (amendment) act, 1975, vesting the power to impose the penalty on the assessing authority with effect from .....
Tag this Judgment!Court : Chennai
Reported in : (2006)206CTR(Mad)236; [2006]284ITR109(Mad)
..... empower the assessing officer to extend the time for furnishing a return of loss. however between 1971 and 1989, the amended sub-section (3) empowered the assessing officer to extend the time since in the taxation laws (amendment) act, 1970 it was provided that carryforward of losses may be permitted to an assessee if he has furnished a return of ..... case of kulu valley transport co. ltd 77 itr 158 (which was rendered under the old act?)2. whether the tribunal is justified in law in allowing carry forward of loss when as per the amended provision of section 139(3) by taxation laws (amendment) act, 1970, the loss return filed beyond the time prescribed by section 139(3) cannot be ..... on an application made in a prescribed manner, the income tax officer, may in his discretion allow'.7. with effect from 01.04.89, the direct tax laws (amendment) act, 1987 came into force, which again restored the old position prior to 19 71, namely, that the assessing officer has no power to extend the time for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]138ITR758(MP)
..... for its opinion :' (i) whether, on the facts and circumstances of the case, the tribunal was correct in law in holding that the iac had jurisdiction to levy penalty for the a.y. 1970-71 after the amendment of section 18(3) by the taxation laws (amendment) act, 1975 ? (ii) if the answer to question no. (i) is in the affirmative, whether the penalty upheld by ..... the tribunal at rs. 50,000 was the minimum penalty imposable under the law relating to quantum law applicable in the case ? (iii) having held that penalty provisions .....
Tag this Judgment!Court : Chennai
Reported in : (2008)217CTR(Mad)416; [2008]301ITR345(Mad)
..... the same was with reference to the chargeability under section 45 with reference to 'transfer' as defined under section 2(47) as it then stood prior to the amendment under the taxation laws amendment act, 1984 with effect from 1.4.1985. hence, it does not cover the issue on hand. 42. in the decision reported in : [2004]271itr269(bom) ..... (zuari estate development and investment co. pvt. ltd. v. j.r. kanekar), the bombay high court considered the effect of section 2(47) which was amended from 1.3.1988 ..... seen, the decision of the apex court was concerned on the meaning of 'owner' with reference to section 22. yet, the construction given to the amendment effected under the finance act of 1987 to section 2(47) is of relevance to the case on hand. given the interpretation of the term 'property' and that assessee having possession .....
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