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Commissioner of Income Tax Vs. N.N. Mohan and Sons

Court : Delhi

Reported in : [2001]115TAXMAN252(Delhi)

..... to in sub-section (2) of section 64. said sub-section was introduced with effect from 1-4-1971 by the taxation laws (amendment) act, 1970 and at the relevant point on time reads as follows:'(2) where, in the case of an individual being a member of a hindu undivided family, any ..... property' in the case at hand would mean the person who had thrown the property into the common hotch-pot and that constituted the act of blending. though the provision was introduced by the taxation laws (amendment) act, 1975 with effect from 1-4-1976, it covered transactions where a capital became the property of the assessed by the mode referred ..... referred to as the converted property), then, notwithstanding anything contained in any other provision of this act or in any other law for the time being in force, for the purpose of computation of the total income of the individual under this act for any assessment year commencing on or after the 1st day of april, 1971,-(a) the .....

Pr. Commissioner of Income Tax-19 vs.shri Neeraj Jindal

Court : Delhi

..... been derived and pays the tax, together with interest, if any, in respect of such income.23. explanation-5 to section 271(1) was inserted by the taxation laws (amendment) act, 1984, with effect from 1 october, 1984. the explanation is applicable to cases where in the course of a search under section 132 of the ..... the assessee to conceal his income. in order to remove the element of mens rea, the finance act, 1964 deleted the word deliberately that preceded the words concealed the particulars of his income in section 271(1)(c). nonetheless, even post the amendment, the apex court in k.c. builders v. assistant commissioner of income tax, 265 itr562(sc) ..... tax appellate tribunal (delhi bench) ( itat ) for ay200506 and 2006- 07. the following common question of law was framed for decision by this court: did the itat correctly interpret section 271(1)(c) of the income tax act, 1961 read together with explanation 5 in proceeding to delete the penalty imposed by the assessing officer in the first .....

Pr. Commissioner of Income Tax-19 vs.shri Ankur Aggarwal

Court : Delhi

..... been derived and pays the tax, together with interest, if any, in respect of such income.23. explanation-5 to section 271(1) was inserted by the taxation laws (amendment) act, 1984, with effect from 1 october, 1984. the explanation is applicable to cases where in the course of a search under section 132 of the ..... the assessee to conceal his income. in order to remove the element of mens rea, the finance act, 1964 deleted the word deliberately that preceded the words concealed the particulars of his income in section 271(1)(c). nonetheless, even post the amendment, the apex court in k.c. builders v. assistant commissioner of income tax, 265 itr562(sc) ..... tax appellate tribunal (delhi bench) ( itat ) for ay200506 and 2006- 07. the following common question of law was framed for decision by this court: did the itat correctly interpret section 271(1)(c) of the income tax act, 1961 read together with explanation 5 in proceeding to delete the penalty imposed by the assessing officer in the first .....

Shree Ram Vaikuntha Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1986)15ITD1(Delhi)

..... 3)(b), the words 'that is to say, any person whose total contribution up to the end of the relevant previous year exceeds five thousand rupees' were inserted by the taxation laws (amendment) act, 1975, with effect fiom 1-4-1977.therefore, for the assessment year 1982-83 in question, the tea co.having made a contribution of rs. 7,000 (even though ..... donation from the tea co. he pointed out that in section 13(3)(b), the limit of rs. 5,000 came only with effect from 1-4-1977 by the taxation laws (amendment) act, 1975 and that prior to it the only expression used was 'any person who has made a substantial contribution to the trust or institution'.5. secondly, dr. devi pal ..... could be said to be inadequate. it is not under dispute that the building in question is located in an area where rent restriction law was in force, namely, the tamil nadu buildings (lease and rent control) act, the rent could not be increased. therefore, we have to see whether the rent as at the beginning of the tenancy, i.e .....

Bansal Impex Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)906

..... we found that because of the insertion of 5th proviso to section 80hhc(3) by taxation laws (amendment) act 2005, with retrospective effect from 1st april, 1998, the assessee cannot be declined deduction. the said amendment has now been introduced by taxation laws (amendment) act, 2005, which has received the assent of the president of india on 28th dec, ..... 2005. the following amendment was made with retrospective effect from 1st april, 1998: (a) after the proviso, ..... accordingly, he supported the order passed by the cit under section 263 of the act.7. we have considered the rival contentions, carefully gone through the orders of the authorities below and also deliberated on various case law referred by cit in his order under section 263 as well as cited by .....

Comet Handicrafts Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)114TTJ(Delhi)124

..... justice that the matter be set aside to the file of the ao to reprocess the claim of the assessee in the light of the amendment by taxation laws (amendment) act, 2005 as aforesaid.in the result, the appeal of the assessee is allowed in part, in terms as indicated hereinabove. ..... following amendment was made with retrospective effect from 1st april, 1998 : (a) after the proviso, the following provisos shall be inserted ..... merit for disallowance of interest paid to the bank which is deductible under section 36(1)(iii}of the act.8. with regard to computation of deduction under section 80iiiic on account of depb premium, there is an amendment by taxation laws (amendment) act, 2005. which has received the assent of the president of india on 28th dec, 2005. the .....

The Commissioner of Income Tax, Delhi-iv, New Delhi Vs. Shri Saliq Ram ...

Court : Delhi

Reported in : 2001IIIAD(Delhi)367; (2001)168CTR(Del)412; 91(2001)DLT137; [2001]249ITR716(Delhi)

..... instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the assessed.' the provision was inserted by taxation laws (amendment) act, 1975 with effect from 1st january, 1976. the amount fixed by the board under sub-section (6) is rs. 1 lac.6. it is to be noted ..... non obstante clause therein enabled the assessing officer to proceed to determine a partner's share in total income, even though there were other provisions available in the act for amending share income of the partner in future.5. in order to appreciate the submission made by learned counsel for revenue, it would be proper to quote section ..... delhi bench 'c', delhi ( in short, 'the tribunal') under section 256(1) of the income tax act, 1961 ( in short, the 'act'):-'whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the provisions of section 144b(1) are not applicable in the present case even though the income .....

Sarbjit Singh Vs. Commissioner of Income Tax, New Delhi

Court : Delhi

Reported in : 49(1993)DLT705

..... '(1)notwithstanding anything contained in this act, where, in an assessment to be made under sub-section (3 ..... section 144b of the act ?'(2) for the purpose of decision of this reference, it is necessary to refer to the provisions of section 144b of the income-tax act which existed prior to it being omitted from the income-tax act as amended by the taxation laws (amendment) act, 1984. section 144b of the income-tax act reads as under: ..... against the order of the income-tax officer. in theappeal, the assessed contended that as section 144 of the income-tax act had not been complied with, the assessment order was bad in law.(6) the commissioner (appeals) came to the conclusion that the matter was procedurally irregular, and the defect was curable, and .....

income-tax Officer Vs. J. K. Synthetics Ltd.

Court : Delhi

Reported in : [1984]8ITD601(Delhi)

..... the government without payment of any interest.18. it was on the recommendation of the wanchoo committee that sub-section (1a) was inserted in section 244 by the taxation laws (amendment) act, 1975, with effect from 1-10-1975. this sub-section provides that interest at the rate of 12 per cent per annum shall be payable on the ..... and its subsequent revision while an assessed who has paid the tax on the first assessment being made is not entitled to any such interest. the present provision amends this position and enables an assessed to get interest on the tax paid by him pursuance of the original assessment after march 31, 1975. if we review ..... order, the refund due continues earning interest till the grant of refund. however, such interest is only simple interest under that provision. in our considered opinion, the law having provided for grant of simple interest in all the situations, there would be no justification for allowing further interest under section 244(1) on the interest allowed .....

Aggarwal Dharmarth Hospital Society (Regd.) Vs. Income-tax Officer.

Court : Delhi

Reported in : [1990]33ITD465(Delhi)

..... made on both the sides. clause (d) of sub-section (3) of section 271 was enacted by the taxation laws (amendment) act, 1975 with effect from 1-4-1976. explanationn 3 to section 271 was also inserted under the same taxation laws (amendment) act with effect from 1-4-1976. this explanationn provided that if a person who has not hitherto seen assessed ..... have examined the facts of the case and also looked into the authority cited by the learned counsel for the assessed. the supreme court has held that the law is settled that mistake of counsel may in certain circumstances be taken into account in condoning the delay although there is no general proposition that mistake of counsel ..... has provided for levy of penalty in respect of the trust also and the penalty has to be levied on the total income computed under the income-tax act without giving effect to the provisions of sections 11 and 12 thereof. once a specific provision has been laid down enabling the departmental authorities to levy penalty .....