Court : Andhra Pradesh
Reported in : AIR1977AP313; [1977]107ITR743(AP)
..... unamended section 275 within two years from that date. if, on the other hand, the period of limitation under section 275(b) as it stands after its amendment by the taxation laws (amendment) act, 1970, is to be applied, the period of limitation would expire on march, 31, 1972, that being end of two years from the end of the ..... have been commenced.'section 271 is one of the section in chapter xxi in which section 275 is included. under clause (b) of section 275, after its amendment by taxation laws (amendment) act, 1970, which was brought into effect on april 1, 1971, no order imposing a penalty under this chapter shall be passed in any other case, after the ..... for consideration in this case, which is only as regards the period of limitation, it is necessary to refer to section 275 of the act, as it stood prior to its amendment by the taxation laws (amendment) act, 1970. the original section, in so far as it is relevant for the purpose of this judgment, read :'no order imposing penalty under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)73CTR(AP)243; [1988]173ITR597(AP)
..... return filed under section 139 for the purpose of section 80, as it then stood. (in this connection, it is necessary to mention that section 80 has been amended by the taxation laws (amendment) act, 1984, with effect from april 1, 1985, and the words 'under section 139' have been substituted by the words 'within the time allowed under sub-section ( ..... . he referred to various circumstances, and, in particular, to the petitioner's own applications and representations, militating against the said plea. so far as the question of law is concerned, the commissioner was of the opinion that inasmuch as 'the return filed by the assessee on april 18, 1981, was no return at all and as ..... the commissioner and hence the refusal to allow the petitioner to carry forward the loss is not sustainable in law. 4. having entertained the revision, the commissioner issued a notice to the petitioner under section 263 of the act to show cause why the order of the income-tax officer, in so far as it allowed the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2001]252ITR316(AP)
..... is the same. after extracting the facts and analysing several decisions and also considering the effect of section 17(2)(vi), which was inserted by the taxation laws (amendment) act, 1984, but repealed by the finance act, 1985, it was held that the interest subsidy is not a perquisite and that no legal obligation lies on the employer to deduct tax at source ..... in favour of the assessee and having not been appealed against, has become final. in view of the ratio laid down in the above case, which has support of the law declared by the supreme court in v.m. salgaocar and bros. p. ltd. v. cit : [2000]243itr383(sc) , the reference is answered in favour of the ..... holding that the assessee-company is liable to pay tax on interest subsidy provided to its employees in accordance with the provisions of section 201 of the income-tax act, though the asses-see-company was under honest belief that interest subsidy is not inclu-dible as perquisite ?' 5. the prime question is whether the interest subsidy .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1978]111ITR212(AP)
..... fresh assessment after remand. the question, therefore, is whether the imposition of penalty is barred by limitation under section 275.7. section 275 was substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. earlier it was not so elaborate as the present provision ; it contained only one provision which is practically the ..... section (2). the non obstante clause occurring in sub-section (2) is very significant. according to it, notwithstanding anything contained in the other provisions of the act, the penalty imposable under sub-section (1) of section 271 shall be the same amount as would be imposable on that firm if that firm were an ..... registered firm or an unregistered firm which has been assessed under clause (b) of section 183, then, notwithstanding anything contained in the other provisions of this act, the penalty imposable under sub-section (1) shall be the same amount as would be imposable on that firm if that firm were an unregistered firm.' so .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]110ITR79(AP)
..... officer v. m.k. mohammed kunhi [1969] 71 itr 815 even then, by virtue of the introduction of sub-section (2a) in section 153 of the act by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the said power of the tribunal become curtailed and must now be read in the light of the said sub- ..... or abridging the power of the tribunal to grant appropriate interim orders under section 254(1) of the act. the decision of the supreme court was rendered in september, 1968, while sub-section (2a) was introduced by the taxation laws (amendment) act, 1970. parliament must be presumed to have known about the said decision of the supreme court with ..... reference to the powers of the tribunal under section 254 of the act, and if it wanted to deprive the tribunal of the said power or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1987)67CTR(AP)109; [1987]169ITR647(AP)
..... quashed. 20. before concluding, we must refer to one contention raised by learned standing counsel. he invited our attention to explanation 2 inserted after section 139(8) by the taxation laws (amendment) act, 1984, with effect from april 1, 1985. the explanation reads : 'where, in relation to an assessment year, an assessment is made for the first time under section ..... of the return filed on june 1, 1979, which was beyond the time limit specified in section 139(4)(b)(iii)) of the act. there is no misunderstanding of the correct provision of law as far as the revenue is concerned and we wonder how learned standing counsel for the revenue canvassed before this court a plea that ..... by counsel less familiar with the provisions of the income-tax act, we would have disregarded it and not taken note of it. coming as it does from standing counsel for the revenue with considerable standing at the bar, we are startled at the proposition of law sought to be made out. not only did learned standing .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD268; [1998]233ITR678(AP)
..... rate is a perquisite had been debated and the view of the government itself was that the statutory provisions did not treat it as aperquisite. consequently, taxation laws (amendment) act, 1984, introduced an amendment with effect from 1-4-1985 inserting sub-clause (vi) to include as a perquisite, the amount of interest where the loan is given interest ..... 1 would draw your attention to sub-clause (vi) of clause (2) of section 17 which was inserted by the taxation laws (amendment) act, 1984, w.e.f 1st april, 1985 but was subsequently deleted by the finance act, 1985 w.e.f. the same date. if any assessing officer has actually treated such a differential as a perquisite or ..... back by way of tax what is given as a welfare measure. consequently, even before the amendment could take effect, the finance act, 19,85 withdrew the said amendment. this was explained by the memorandum explaining the provisions of the finance act, 1985 by circular no.421, dated 12-6-1985 (1956 itr 138), hi spite of this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1998]229ITR697(AP)
..... the property to the extent such taxes are borne by the owner, have to be deducted in determining the annual value of the property. that proviso was substituted by the taxation laws (amendment) act, 1984, with effect from april 1, 1985. the proviso as it stands makes deductibility of the local taxes in determining the annual value of the property of that ..... be noted here that a division bench of this court in hyderabad co-operative central trading society ltd. v. cit : [1988]173itr690(ap) held that the amendment is declaratory of the law as existing up to and including 1984-85. therefore, what follows is that the local tax that has been paid has to be deducted in computing the annual ..... of learned standing counsel it would be necessary to read the proviso to section 23(1) as it stood in the relevant assessment year and as it stands after the amendment which are as follows : the proviso to section 23(1), as it stood in the relevant year, i.e., 1980-81 : 'provided that where the property is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]181ITR378(AP)
..... received by the assessee and not any other amount. it is precisely to meet such a situation that the second proviso was inserted by the taxation laws (amendment) act, 1984. section 16 of the said amendment act, no doubt, does not say that the said proviso shall have retrospective effect; but, in our opinion, it would be consistent with reason ..... be computed from the date of receipt of the consideration. he brought to our notice the second proviso to sub-section (1) of section 54e, inserted by the taxation laws (amendment) act, 1984, with effect from april 1, 1984, which specifically provides for such a situation. the proviso reads : 'provided further that in a case where the ..... in other words, we are inclined to hold that even prior to april 1, 1984, the very same situation as has been expressly provided by the said amendment act obtained. now, the said proviso says that in the case of compulsory acquisition of property under a statute, if the full amount of compensation awarded for such .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1994]209ITR901(AP)
..... were under their custody to the knowledge of the department. there were conflicting decisions of various high courts on this aspect. parliament intervened and inserted section 132a by enacting the taxation laws (amendment) act, 1975, with effect from october 1, 1975, enabling the director-general or director, chief commissioner of commissioner to require the officer or authority to deliver such books of account, other ..... court, however, held that fixed deposit receipts and title deeds may be 'documents' subject to seizure under section 132 of the act. we note that section 132 of the act which was introduced by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, is a supplementary provision which authorises seizure of books of account and documents as well. the decision in bhagwandas' case .....
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