Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 11 omission of second schedule Court: delhi Page 16 of about 789 results (0.142 seconds)

Auto Pins (India) Regd. Vs. Income Tax Officer.

Court : Delhi

Reported in : (1993)47TTJ(Del)371

..... particulars thereof.21. this penalty is related to the asst. yr. 1973-74. we have to, thereforee, go by the law as it stood before the present expln. 1 was substituted by the taxation laws (amendment) act, 1975 w.e.f. 1st april, 1976. the original explanationn which is attracted in this case was the explanationn inserted by ..... the finance act, 1964, w.e.f. 1st april, 1965 and under that explanationn, the burden of disproving the presumption of concealment was ..... thrown on the taxpayer. it is in this context the decision of the supreme court becomes relevant, as it interpreted the law as obtaining in the year relevant .....

SkIn Institute and Public Services Charitable Trust Vs. Assistant Dire ...

Court : Delhi

Reported in : (1998)61TTJ(Del)29

..... ). in this connection reference may be made to circular no. 45, dt. 2nd september, 1970, which contains the explanatory notes on the provisions of the taxation laws (amendment) act, 1970, which clarifies the position that hospitals and other institutions which exist solely for philanthropic purposes and not for purposes of profit will be totally exempt from tax ..... of 50 per cent. is sufficient to hold that the philanthropic purpose of the society has been frustrated. the learned assessees counsel has reliance on case law relating to s. 10(22), which is in pari materia with s. 10(22a) for the proposition that merely because certain surplus arose from the ..... the hospital existing only for philanthropic purposes and not for the purposes of profit is entitled to exemption. the word philanthropy is not defined in the it act. the general meaning of the word philanthropy includes activities promoting goodwill to mankind or activities beneficial to humanity at large as opposed to activities solely .....

Rajesh Kumar Vs. Deputy Commissioner of Income Tax

Court : Delhi

Reported in : (2004)186CTR(Del)663; [2004]271ITR494(Delhi)

..... in the light of the clear provisions of sub-sections (1) and (3) of section 140a of the act, there is no substance in it.5. sub-sections (1) and (3) of section 140a of the act, as substituted by the taxation laws (amendment) act, 1975 w.e.f, 1st april, 1976, read as follows : '(1) where any tax is payable ..... on the basis of any return required to be furnished under section 139 or section 148, after taking into account the amount of tax, if any, already paid under any provision of this act, the ..... of the returned income.2. according to the appellant, the order involves the following substantial question of law ;'whether on the facts and circumstances of the case, the learned tribunal is correct in sustaining the penalty under section 140a(3) of it act, 1961, and ignoring the tribunal judgment dt. 14th dec., 1989 which accepts non-availability of funds .....

Commissioner of Income Tax Vs. PravIn M. Mehta

Court : Delhi

Reported in : (2000)163CTR(Del)480

..... that the amount has been transferred to the partner's capital account.6. mrs. visanji, learned counsel appearing on behalf of the assessee, however, contended that by taxation laws (amendment) act, 1986, it was provided that an amount equal to the amount of deduction claimed under the above section 80hhc(1) was required to be debited to the profit ..... the reserve account shall be deemed to be the profits and shall be charged to tax accordingly. she also invited our attention to various other sections of the act where a similar provision dealing with consequence has been laid down. she further contended that unlike section 80hhd in section 80hhc(1), as it stood at the ..... was further pointed out that the export during the assessment year 1987-88 up to 1991 were much more than the reserves. it was contended that under the act, there was no provision for taxing the export reserves if they are withdrawn from business. the assessing officer did not accept the contention. the assessing officer came .....

Cit Vs. Ms. Sadhna Chadha

Court : Delhi

Reported in : [2004]135TAXMAN242(Delhi)

..... from house property is its 'annual value'. the annual value has to be determined in accordance with the provisions of section 23 of the act. the relevant part of section 23, as substituted by the taxation laws (amendment) act, 1976, with effect from 1-4-1976, reads as follows :'annual value how determined(1) for the purposes of section 22, the ..... the view taken by the appellate authorities below. thus, the order of the tribunal does not give rise to a question of law, much less a substantial question of law, to fall within the limited purview of section 260a of the act, which is confined to entertaining only such appeals against the order which involves a substantial question of ..... assessed on two grounds, namely : (i) the issue being one of law, could not be the subject-matter of prima facie adjustment under section 143(1)(a) of the act and (ii) the concept of annual letting value under sections 22 and 23 of the act does not permit the assessing officer to assess the arrears of rent for .....

The Commissioner of Income Tax-Iii vs.m/s Sudev Industries Limited

Court : Delhi

..... there has been no appearance on behalf of the respondents, we make no orders for costs." (emphasis supplied) 16. section 292b was introduced by taxation laws (amendment) act, 1975 with effect from 1st october, 1975. the object and purpose of introducing the said section as explained in commissioner of income tax ita ..... has been enacted to curtail and negate technical pleas due to any defect, mistake or omission in a notice/summons/return. the provision was enacted by tax laws (amendment) act, 1975 with effect from 1st october, 1975. it has a salutary purpose and ensures that technical objections, without substance and when there is effective compliance or ..... same time, the said high court also held that illustration to section 537 of the old act, viz., "the magistrate being required by law to sign a document signs it by initials only." this illustration has been omitted in the amended act. according to the court, the omission indicates that the legislature the initialling of the order .....

Mridu Hari Dalmia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1984)7ITD761(Delhi)

..... word 'reasonably' occurring in section 23(1) is ambiguous and, therefore, the subsequent legislation in the form of clause (b) of section 23(1) substituted by the taxation laws (amendment) act, 1975, with effect from 1-4-1976 making 'the rent received or receivable' as the annual value should be taken as clarificatory, is also not, in our opinion, ..... .14. an attempt was made by the learned departmental representative to distinguish these decisions of the supreme court by contending that tax under the act is on income, while the tax under the municipal laws is on property. in support of this submission, reliance was placed on the decision of the delhi bench 'a' in hari bros. ..... mersey dock & harbour board [1865] 11 hl cas 443, per blackburn j.). it is, thus, an established rule that all acts in pari materia are to be taken together as if they were one law ; and they are directed to be compared in the construction of statutes because they are considered as framed upon one system and having .....

income-tax Officer Vs. General Talkies Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)4ITD224(Delhi)

..... of the delhi high court did not stop at the provisions of section 214(2). they referred to the provisions of section 244(1a) which was introduced by (he taxation laws (amendment) act, 1975.construing those provisions their lordships held that even otherwise under section 244(1a) the assessee would be entitled to interest in a case like the one we are ..... by the commissioner (appeals). it may be mentioned here that this ground was not specifically raised in the memo of appeal but since it is a pure question of law, we permitted mr. jain to raise this ground and we have heard arguments from the other side as well, (ii) provisions of section 214 do not apply to ..... is sharply divided. the decisions that are mostly relied on by the learned departmental representative relate to charging of interest under section 139(1) or 139(8) of the act.however, the ratio of these decisions is sought to be relied on. the first one is that of the punjab and haryana high court in cit\.raghubir singh & sons .....

Wealth-tax Officer Vs. Tej Partap Singh

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)28ITD420(Delhi)

..... to support his contentions : 7. we have given careful consideration to the rival submissions. prior to the insertion of section 17a of the wealth-tax act, 1957 by the taxation laws (amendment) act, 1975 with effect from 1-1-1976, there was no limitation provided in this statute for completion of assessments or re-assessments under the ..... act. section 17a except for clause (in) of explanation i (which came into effect from 1-4-1976) became effective from 1-1-1976. this section ..... under appeal be restored.6. on the other hand, the learned counsel for the assessee submitted that the provisions regarding limitation of assessments under the wealth-tax act are abundantly clear and provide for computation of the period of limitation from the orders of various appellate authorities and the period of limitation is to be .....

Smt. Nani Rai Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)31ITD229(Delhi)

..... which a proceeding under this chapter for the levy of penalty is stayed by an order or injunction of any court, shall be excluded.this section was substituted by the taxation laws amendment act, 1970 with effect from 1-4-1971. earlier to the substitution of the section the time limit prescribed was two years from the date of the completion of the proceedings ..... two years subsists. but the argument of the learned departmental representative here is that the penalty proceedings were already initiated and the limitation did not expire by the time the law was amended and so the time limit would automatically get extended. the assessment in this case was made in september, 1979, the period of two years would commence from the end .....