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C.S. Shastri Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1991)38ITD338(Mad.)

..... improper and cannot be accepted. shri prasad brought to our notice the circular no. 96 dated 25-11 -1972 seeking to provide explanatory note on the provisions of taxation laws (amendment) act, 1972 published at pages 1 to 30 of 91 itr. he particularly brought to our notice that shri c.s. sastri, the father manager of the joint family ..... of the assessment, if any made, without waiting for the final report of the valuation cell, under section 6a(5), deliberately flouts and consciously disregards the provisions of law, should he be given second innings to legalise his action, asks the learned counsel. he submitted that from the peculiar facts and circumstances of this case the assessments ..... the values found in the final report under section 6 a(5) would not be a mere irregularity but a nullity in law. it was also argued that time limits built into the wealth-tax act are for the purpose of protecting the assessee from log drawn process of litigation. these time limits prescribed by section 7a(3) .....

income-tax Officer Vs. S. Krishna Iyer, P.A.

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1982)2ITD595(Mad.)

..... 1979], dated 12-5-1980, which supports the contention of the revenue that as from the assessment year 1976-77 by virtue of the amendment in section 64(1)(iii) introduced by the taxation law (amendment) act, 1975, with effect from 1-4-1976, the income of the minor children will be included automatically under that provision and there is ..... the notes on clauses accompanying the said taxation laws amendment bill nor the select committee report gives any reasons as to why the reference to the ..... which the parent is a partner. but this requirement appears to have been done away with by the amendment brought about by a newly substituted section 64(1) with effect from 1-4-1976 by section 13 of the taxation laws amendment act, 1975. as pointed out in the order of the tribunal relied on by the assessee, neither .....

Rambhai Manja Nayak, Vs. Union of India

Court : Gujarat

Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)

..... it made in its interim report submitted to the government some time in december, 1970. it was on the basis of the said recommendations that the taxation laws (amendment) act, 1972, inserting chap.xx-a in the act came to be passed. the purpose and object of this enactment is to curb the generation of black money which has permeated the whole fabric of our ..... to transfer of immovable properties. it is in this context that chap.xx-a came to be inserted in the act, by the taxation laws (amendment) act, 1972, with effect from november 15, 1972. the constitutional challenge to the provisions of chap.xx-a of the act must be viewed in this background. 30. before we proceed to deal with the constitutional challenge to the provision .....

U.S. Awasthi and anr. Vs. Inspecting Assistant Commissioner of Income- ...

Court : Allahabad

Reported in : [1977]107ITR796(All)

..... of grounds have been raised but before dealing with these grounds it is necessary to notice the relevant provisions of law. chapter xxa, covering sections 269a to 2695, was added to the act by the taxation laws (amendment) act, 1972 (act no. 45 of 1972), with effect from 15th november, 1972. it provides for the acquisition of immovable properties ..... contains the reasons of the competent authority which it is required to record in writing, before initiating proceedings. thus, in our opinion, both the requirements of law in this respect have been fully complied with and no fault can be found with the initiation of the proceedings.13. to show that the competent authority had ..... district magistrate, etah (civil misc. writ no. 8935 of 1974, decided on 19th march, 1975 [fb]). the full bench held that the requirement of law contained in paragraph 6(1) was mandatory inasmuch as publication in the official gazette was the only method prescribed for fixing an election programme; the giving of notices .....

Commissioner of Income Tax, Indore Vs. Pawan Kumar Laddha

Court : Supreme Court of India

..... , with effect from 1st july, 1995, whereas the words 'this chapter' in section 249(4) came to be inserted in the income tax act, 1961, vide taxation laws (amendment) act, 1975, with effect from 1st october, 1975. this is one more reason to confine the expression 'this chapter' in section 249(4) to chapter xx ..... not maintainable. in this connection, reliance was placed by the department in support of it's preliminary objection on section 249(4)(a) of the income tax act, 1961 ['1961 act', for short]. the revenue invited the attention of the income tax appellate tribunal ['appellate tribunal', for short] to letter dated 19th october, 2001, wherein it ..... 26,47,800/-, hence, according to the department, the appeal preferred by the assessee was not maintainable. in this connection, learned counsel submitted that chapter xx of 1961 act dealt with appeals and revision. that chapter had different heads at the relevant time in the form of appeals to commissioner (appeals) [heading 'a'], appeals to the .....

Radheshyam Agarwalla Vs. Commissioner of Income-tax, Orissa, and Other ...

Court : Orissa

Reported in : 43(1977)CLT393; [1978]113ITR196(Orissa)

..... case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the sub-section was substituted and the new provision ran thus :notwithstanding anything contained in clause (iii) ..... case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty. 'the taxation laws (amendment) act of 1975 deleted sub-section (2) of section 274 with effect from april 1, 1976. it is thus clear that the income-tax officer ..... [1976]105itr56(orissa) directly applies. after referring to several authorities, this court observed :'if the inspecting assistant commissioner had passed final orders prior to the amending act of 1970, there would have been no question of loss of jurisdiction, but as the matter was still pending and by change of procedure the references .....

Sarabhai M. Chemicals Private Ltd. and Telerad Private Ltd. Vs. P.N. M ...

Court : Gujarat

Reported in : [1980]126ITR1(Guj)

..... even at the stage of initiation of proceedings. in income-tax circular no. 96 dated november 25, 1972 : [1973]91itr1(sc) , which dealt with the provisions of the taxation laws (amendment) act, 1972, and the newly added chap. xx-a, in para. 11, it was observed (91 itr (st.) 1, 5) :' the competent authority will have the power ..... after satisfying the conditions precedent prescribed for the exercise of powers conferred upon the competent authority under chap. xx-a of the act.5. chapter xx-a which contains sections 269a to 269s was inserted by the taxation laws (amendment) act, 1972, and the insertion took effect from november 15, 1972. in cit v. vimlaben bhagwandas patel : [1979]118itr134(guj ..... is taxable.' (emphasis* supplied). 27. it must be pointed out that the supreme court was dealing with the provisions of law as they stood before capital gains became taxable under the indian i.t. act, 1922. the case before the high court arose out of income-tax reference no. 74 of 1956 (cit v. mugneeram .....

Sarabhai M. Chemicals Private Ltd. Vs. P.N. Mittal Competent Authority ...

Court : Mumbai

Reported in : (1980)16CTR(Bom)315; [1980]126ITR1(Bom); [1980]3TAXMAN541(Bom)

..... even at the stage of initiation of proceedings. in income-tax circular no. 96 dated november 25, 1972 : [1973]91itr1(sc) , which dealt with the provisions of the taxation laws (amendment) act, 1972, and the newly added chap. xx-a, in the para. 11, it was observed (91 itr (st.) 1,5)1'the competent authority will have the power ..... done after satisfying the conditions precedent prescribed for the exercise of powers conferred upon the competent authority under chap. xx-a of the act.5. chapter xx-a which contains ss. 269a to 269s was inserted by the taxation laws (amendment) act, 1972, and the insertion took erect from november 15, 1972. in cit v. vimlaben bhagwandas patel : [1979]118itr134(guj) ..... of the slump price is taxable.'32. it must be pointed out that the supreme court was dealing with the provisions of law as they stood before capital gains became taxable under the indian i.t. act, 1922. the case before the high court arose out of income-tax reference no. 74 of 1956, cit v. mugneeram .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... thereunder from the first schedule to ade act 1957 vide section 10, taxation laws (amendment) act, 2007 (act no.16 of 2007) effective from 1st april, 2007, without losing share of central taxes. this enabled states to levy vat on tobacco ..... 5 is annexed as annexure-e to the paper-book. 18. the petitioner has also brought to our notice the following changes which were made by the taxation laws (amendment act, 2007. these, according to the petitioner, are as under: 19. the parliament omitted chapter headings 2401, 2402 and 2403 and sub-heading and tariff item ..... heading 2403 was omitted from the first schedule to the ade act only with effect from 1st april, 2007, vide section 10 of the taxation laws (amendment) act, 2007 (act no.16 of 2007) read with the notification dated 29th march, 2007. the schedule entry a-45 was amended with effect from 1st april, 2007, to delete reference to tobacco .....

Badrinarayan Shankar Bhandari and Others Vs. Ompraskash Shankar Bhanda ...

Court : Mumbai

..... if she had been a son. 12. the right accrued to a daughter in the property of a joint hindu family governed by the mitakshara law, by virtue of the 2005 amendment act, is absolute, except in the circumstances provided in the proviso appended to sub-section (1) of section 6. the excepted categories to which ..... contemplating death of the coparcener. it appears to be sheer inadvertence on the part of the draft-man of the amendment act, 2005 that marginal note of section 6 is not amended, though parliament drastically amended existing law on the subject, by conferring on crores of daughters rights in the coparcenary property, even without reference to death of ..... subject to the same liabilities in respect of the said coparcenary property as that of a son; on and from the commencement of the amendment act, in a joint hindu family governed by mitakshara law, any reference to hindu mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener; (emphasis supplied) 36. .....