Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)9ITD750(Kol.)
..... )(c)/274(2). according to the assessee's learned counsel, the iac lost his jurisdiction to pass order on the present case in view of the amendment brought about by the taxation laws (amendment) act, 1975, which was made effective from 1-4-1976 affecting section 274(2). according to the assessee's learned counsel, the ito had jurisdiction to ..... continental commercial corpn, (supra) it was held on the facts of that case that section 274(2) relates to the jurisdiction of the ito and the amendment to that section by the taxation laws (amendment) act, 1970, enlarged the jurisdiction of the ito with effect from 1-4-1971 and as it dealt with the jurisdiction of an officer, the ..... not take away the jurisdiction of the iac in respect of the case referred to him. it also noted that the provision of the taxation laws (amendment) act, 1970, did not indicate that amendment of section 274 is retrospective. it was observed by the hon'ble high court that if during the time when the matter of penalty had .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cuttack
Reported in : (1992)42ITD320Ctk
..... on 22-9-1986, when explanation 2 to section 139(8) and sub-section (6) of section 215, as amended by the aforesaid taxation laws (amendment) act, 1984, had already come into force, interest under sections 139(8) and 217 of the act was clearly chargeable. the learned departmental representative further submitted that the cases relied on by the dc(appeals) were not ..... order of the dc (appeals).4. the learned departmental representative urged before me that explanation 2 to section 139(8) of the act as substituted and sub-section (6) of section 215 as inserted by the taxation laws (amendment) act, 1984 with effect from 1-4-1985 justify the charge of interest under sections 139(8) and 217 in the present case. ..... explanation 2 to section 139(8), and section 215(6) were, as stated earlier, made effective from 1-4-1985 by the taxation laws (amendment) act 1984. according to them for the purposes of sections 139(8) and 217 the assessment made for the first time in a case under section 147 in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cuttack
Reported in : (1993)45TTJCtk188
..... that to on 22nd sept., 1986, when expln. 2 to s.139(8) and sub-s. (6) of s. 215, as amended by the aforesaid taxation laws (amendment) act, 1984, had already came into force, interest under ss. 139(8) and 217 of the act was clearly chargeable. the learned departmental representative further submitted that the cases relied on by the dy. commissioner(a) were not ..... impugned order of the dy.commissioner(a).4. the learned departmental representative urged before me that expln.2 to s. 139(8) of the act as substituted and sub-s. (6) of s. 215 as inserted by the taxation laws (amendment) act, 1984, w.e.f. 1st april, 1985 justify the charge of interest under ss. 139(8) and 217 in the present case. it ..... expln. 2 to s. 139(8), and s. 215(6) were, as stated earlier, made effective from 1st april, 1985 by the taxation laws (amendment) act 1984. according to them for the purposes of s. 139(8) and s. 217 the assessment made for the first time in a case under s. 147 in respect of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1996)58ITD19(JP.)
..... control legislation will have to be taken for determining the bona fide annual value. however, section 23 of the income-tax act, 1961, has been amended by the taxation laws (amendment) act, 1975, and as per the said amended law applicable for the assessment year 1976-77 onwards, where the rent received or receivable in respect of the house property is ..... be taken as the annual letting value of the house property.23. it is not disputed in this case that the provisions of section 23 as amended by the taxation laws (amendment) act, 1975, are applicable and that the actual rent received is assessable to tax as the annual letting value of the house property. neither the assessing ..... excess of the sum referred to in clause (a), the amount so received or receivable." 22. as per section 23 as it existed before its amendment by the taxation laws (amendment) act, 1975, the annual letting value of the house property was deemed to be the sum for which the property might reasonably be expected to be let .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1989)30ITD177(Ahd.)
..... can be applied to the entire period including the period prior to the date of coming into effect of the amendment. the taxation laws [amendment] act, 1975 substituted the new section in the place of the old one. therefore, the old section must be said to have been repealed. under section ..... of that principal that the court has held that the laws applicable subsequent to the amendment [although the default started before that] is applicable. we are concerned here with the wealth-tax act, 1957.section 18[1] [a] has been amended with effect from 1-4-1976 by the taxation laws [amendment] act, 1975. there is no provision here similar to the ..... aforesaid section 297[1]. therefore, it cannot be said that only the law in force on the date of the assessment order .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1985]154ITR133(MP)
..... penalty was passed by the iac on april 30, 1975. the contention of the assesses on the point of limitation was that section 275, as it stood before its amendment by the taxation laws (amendment) act, 1970, applied and the order imposing penalty ought to have been passed within two years from the date of completion of the assessment proceedings, i'.e., within two years ..... from. march 29, 1972. now, the taxation laws (amendment) act, 1970, came into force on april 1, 1971, even before the date of the assessment order. it is well settled that a provision as to the limitation is a procedural .....
Tag this Judgment!Court : Kerala
Reported in : (1987)59CTR(Ker)143; [1986]160ITR588(Ker)
..... on the assessee within the limits prescribed thereunder. the tribunal has, however, cancelled that part of the penalty also on the ground that section 140a(3) as amended by the taxation laws (amendment) act, 1970, was held ultra vires and void by a division bench of the madras high court in the decision in a. m. sail maricar's case ..... appellate tribunal. the tribunal held that the cancellation of penalty for the period after april 1, 1976, is perfectly valid in the light of the amendment of section 140a as per the taxation laws (amendment) act, 1975, that had come into force on april 1, 1976. the penalty relating to the earlier period up to march 31, 1976, was ..... maricar's case : [1973]90itr116(mad) , regarding the validity of section 140a(3) of the income-tax. act as amended by the taxation laws (amendment) act, 1970, has not been accepted and sub-section (3) of section 140a of the act had been held to be perfectly valid and not violative of article 19(1)(f) of the constitution. counsel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC670a; [1976]103ITR82(SC); (1976)1SCC916; [1976]3SCR413; 1976(8)LC295(SC)
..... into government servants and others for purposes of this exemption was violative of article 14 of the constitution and, as such, invalid.13. thereafter, parliament passed the taxation laws (amendment) act 42 of 1970 whereby the words 'who is not in the service of the government' appearing in section 10(26), were deleted. the north eastern areas (reorganization) ..... the exemption under section 10(26) was bad and unconstitutional. this vice of discrimination from which section 10(26) was then suffering, was removed when the amending act 42 of 1970 excised the obnoxious limb of the provision.25. the decision in lawrance singh ingty is thus no authority for the proposition that the exemption granted ..... the condition contained in sub-clause (a) of the provision.26. while it is true that a taxation law cannot claim immunity from the quality clause in article 14 of the constitution, and has to pass, like any other law, the equality test of that article, it roust be remembered that the state has in view of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (2003)86ITD445(Hyd.)
..... machinery. he submitted that the assessing officer allowed the claim or depreciation on ponds for assessment years 1995-96 and 1996-97. he argued that the taxation laws (amendment) act had changed the method of allowing depreciation with effect from 1-4-1988 and the concept of "block of assets" was introduced with effect from 1- ..... -90 and as such not applicable to the facts of the case before us.he once again submitted that there is drastic change by the taxation laws (amendment and miscellaneous provisions) act, 1986 and that the new concept was not properly understood and applied by the revenue authorities.heard both sides. read all the papers on record ..... ... further, that the aggregate of all deductions in respect of depreciation shall not exceed the actual cost to the assessee in respect of such assets. by the amending act, these sub-sections have been deleted in view of the switchover to the system of allowing depreciation on blocks of assets.(j) ... further, the existing explanation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665
..... the counsels for the parties at length. section 271(1)(c) and the subsequent amendments carried out in the said section with effect from 1.4.1976 (as amended by the taxation laws (amendment) act, 1975) and the amendment by finance act, 2002 (with effect from 1.4.2003) on the interpretation of which the entire ..... controversy in the present appeal rests are:271. failure to furnish returns, comply with notices, concealment of income, etc.--(1) if the income tax officer or the appellate assistant commissioner in the course of any proceedings under this act ..... the view taken by the bombay high court in cit v. chemiequip ltd. (supra) that the amendment in finance act, 2002 is retrospective according to them is bad in law. that the amendment is not clarificatory in nature. that the penalty being penal, provisions could not be brought on the .....
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