Court : Andhra Pradesh
Reported in : [1990]181ITR414(AP)
..... sub-section (1), as substituted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, and later on amended by the income-tax (second amendment) act, 1981, with effect from july 11, 1981, the finance act, 1982, with effect from july 1, 1982 (see [1982] 137 itr 6), and the taxation laws (amendment) act, 1984, with effect from april 1, 1984 ..... the return. therefore, a complaint was filed against him before the additional chief judicial magistrate (economic offences), madurai, under sections 276c and 277 of the act and under sections 193 and 196, indian penal code, alleging that he had deliberately filed a false return. thereupon, the assessee filed petitions under section ..... the file pertaining to the proceedings under section 132 of the act, it would have been a different matter. 30. it is next contended that, as per the amended section, sanctions is required before any proceeding is filed. but before the amendment, the proceedings have to be filed at the instance of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1985)48CTR(AP)23; [1985]152ITR238(AP)
..... thus passed within two years from the date of the assessment order as per the provisions of law prior to the taxation laws (amendment) act, 1970, which came into effect from april 1, 1971. it is not necessary to consider the effect of the amended provisions because even under the unamende provisions, it is clear that the penalty was levied before ..... the portion relating to furnishing of inaccurate particulars of the income, the notice issued by the ito was rendered invalid and, consequently, the order of penalty is invalid in law. reliance was placed by the assessee on the decision of the kerala high court in subramania iyer v. union of india : [1974]97itr228(ker) . the tribunal ..... 1. the income-tax appellate tribunal has refer the following question of law for the opinion of this court under s. 256(1) - of the i.t. act, 1961 : 'whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in law in quashing the order of penalty ?'2. the matter relates to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]157ITR247(AP)
..... a contract to the contrary in the deed of partnership. we may also state that this principle finds acceptance by the legislature in the taxation laws (amendment) act, 1984, which effected an amendment to section 187(2) of the income-tax act, 1961, to the effect that once a partner died and there is no provision in the deed of partnership to the contrary, ..... . the income-tax appellate tribunal referred the following question of law to this court for its opinion under section 256(1) of the income-tax act, 1961 : 'whether, on the facts and in the circumstances of the case and in view of s. 187(2)(a) of the i.t. act, 1961, a single assessment could not be made on the ..... there is an automatic dissolution of the partnership and the provisions of section 187(2) of the income-tax act do not come into operation. 7. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1973]31STC34(AP)
..... the insertion of item 5-a in the third schedule was effective only from 19th april, 1971, on which date the amending act has come into force. ordinarily, a law will be deemed to operate prospectively, unless the act is, by express words, given retrospective operation.19. we are unable to agree with this submission made by the learned counsel. ..... section 6 of the amending act, no reassessment for an anterior period can be made, is misconceived. the section, read with the schedule, expressly and clearly gives retrospectivity extending to a particular period in regard to the levy of tax on watery coconuts.9. the general scheme of taxation envisaged under the sales tax act is to levy multiple ..... tax on each transaction of sale and purchase of goods. but this general scheme is subject to certain exceptions, one to be found in section 5(2) and the other in section 6 of the principal act. section 5(2)(a) of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]127ITR577(AP)
..... preferred a revision to the cit, andhra pradesh-iii, hyderabad, under section 273a of the i.t. act. why we have stated that he has mistakenly chosen the remedy is that the above provision was inserted by the taxation laws (amendment) act, 1974, with effect from october 1, 1975. we have already noted that the penal interest had been ..... levied much earlier. consequently, the commissioner did not have any jurisdiction to deal with the matter under section 273a of the act.4. however, the assessee had also filed ..... direct those officers, who are respondents nos. 2 and 3 in this writ petition, to dispose of those applications before them on merits and in accordance with law, without in any way being influenced by the observations or conclusions made or arrived at by the commissioner in the impugned order.6. this disposes of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]179ITR442(AP)
..... such third person against the real owner.' 13. section 281a of the income-tax act was inserted by the taxation laws (amendment) act, 1972. it contained a provision similar to the one contained in section 3(1) of the impugned act. according to it, no suit to enforce any right in respect of any property ..... property held benami has causing concern to the taxing authorities for some time. the select committee on the taxation laws (amendment) bill, 1969, had also suggested that the government should examine the existing law relating to benami transactions with a view to determining whether such transactions should be prohibited. this suggestion was ..... reiterated in parliament during the debate on the taxation laws (amendment) bill, 1971...' the report examines the origin of benami transactions, their essence and characteristics, besides their propriety and legality. after examining .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1981]131ITR239(AP)
..... 143 or section 144. originally there used to be section 141 enabling the authorities to make provisional assessment but that has been omitted by the taxation laws (amendment) act, 1970. section 142 lays down the procedure for enquiry before assessment. it is thereafter that sections 143 and 144 occur providing for assessment and best ..... in clause (40) of section 2 thus : ''regular assessment' means the assessment made under section 143 or section 144.' 9. after the changes made under the taxation laws (amendment) acts, 1970 and 1975, section 143, which lays down the manner of assessment, reads as follows :'(1) (a) where a return has been made under section 139 ..... enactment relating to the same subject.15. we have already noticed that in the 1922 act, there was no corresponding provision to section 244. even this newly introduced section has been changed by the finance act, 1972, and the taxation laws (amendment) acts of 1970 and 1975, the following are the ingredients of sub-section (1) of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1980)14CTR(AP)11; [1980]123ITR802(AP)
..... tax on the unregistered firm was to be determined in accordance with section 183 of the i.t. act, 1961, as it stood, prior to the taxation laws (amendment) act, 1970. it was further held that there is no prohibition in section 4 of the i.t. act, 1961, to restrain the assessing authority to proceed against the firm which is a taxable entity, and that ..... .7. much of the controversy will stand resolved if sections 182 and 183 of the i.t. act, 1961, as they stood prior to the taxation (laws amendment) act, 1970, are kept in view. section 182 of the i.t. act, 1961, read as follows:' section 182(1): notwithstanding anything contained in sections 143 and 144 and subject to the provisions of sub-section (3), in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1997)140CTR(AP)497; [1997]225ITR123(AP); [1997]95TAXMAN388(AP)
..... expenditure under s. 37(1) of the act, but after the insertion of sub-s. (2a) which opens with a non obstante clause and excludes the provisions ..... therefore, it is allowable under s. 37(1) of the act. 4. the question arises with reference to the assessment of the assessee for the asst. yr. 1976-77. before the insertion of sub-s. (2a) w.e.f. 1st october, 1967, by the taxation laws (amendment) act, 1967, expenditure of the nature in question was an allowable ..... observed as follows : 'the legislature treated entertainment expenditure as part of business expenditure claimable for allowance under s. 37(1) of the it act, 1961, from chargeability to tax. the businessman abused the facility given thereunder. amendments by gradual process were made in sub-ss. (2), (2a) and (2b) of s. 37, which took 'entertainment expenditure .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1990]186ITR9(AP)
..... the income-tax act with effect from october 1, 1975. filing of a return is an act of the assessee and enquiry into the correctness of the return is made under section ..... corresponding provision in section 271(4a) of the income-tax act in mahavir transport co., ltd. v. cit : [1978]113itr360(guj) . 25. it may be noted that section 18(2a) of the wealth-tax was in parimateria with section 271(4a) of the income-tax act before amendment of the income-tax act by the taxation laws (amendment) act, 1975, which was replaced by section 273a(4) of .....
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