Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 11 omission of second schedule Court: delhi Page 18 of about 789 results (0.154 seconds)

Ram Kumar Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)37ITD469(Delhi)

..... limitation is applicable only to assessment year 1971-72 and subsequent assessment years. we may mention that sub-section (2a) of section 153 was inserted by the taxation laws (amendment) act, 1970 with effect from 1-4-1971. the central board of direct taxes in the explanatory note issued under circular no. 56 dated 19-3-1971 clarified ..... ) of section 153 will be operative only in relation to assessments for the assessment year 1971-72 or any subsequent year.9. in kanga and palkhivala's "the law and practice of income-tax" 'eighth edition - volume fat page 1227 the distinguished authors have this to say regarding the applicability of sub-section (2a):- in relation ..... tax, 'n'-range, new delhi, vide his order dated 10-2-1982 set aside the assessment and directed the assessing officer to make a fresh assessment according to law in the light of the observations made by the first appellate authority. the learned appellate assistant commissioner noted that shri ram kumar gupta, prop. m/s. delton .....

Kuldip Singh and Vs. State and anr.

Court : Delhi

Reported in : 34(1988)DLT11; 1988(14)DRJ97

..... of the calcutta high court in national cotton mills' case (supra) was admitted and was pending decision.(6) section 276 of the income tax act 1961 was deleted by taxation laws (amendment) act, 1975 and section 276b introduced providing for stringent punishment. earlier section 276 provided for punishment in case of failure to deliver returns of income or ..... may extend to two hundred and fifty rupees for every day after the first during which such continues. (underlined portion inserted by companies (amendment) act 1960). sub-section (4) of section 234 of the act provides for punishment in case of default in complying with the provisions of sob-sections (2), (3) or (3a) of the ..... latest day on or before which the annual general meeting should have been held. this latter requirement was added by the companies (amendment) act 1977. under sub-section (3) of section 220 of the act, so far as is relevant in the present case, if a default is made in complying with the requirements of sub-section .....

Ashwani Kumar Goel Vs. Income Tax Settlement Commission and ors.

Court : Delhi

..... , (1993) 202 itr81(mad.), a division bench of the madras high court ruled that chapter xix-a of the act providing for settlement of cases is a machinery provision; the following observations are relevant: chapter xix-a in the act, introduced by the taxation laws (amendment) act, 1975, was the result of implementing the recommendations of the wanchoo committee to arrest the evil of black money ..... . since he did not do so, the settlement commission which was invested with his powers could not likewise have proceeded further. it was submitted that the amendment made to section 158 be by the finance act, 2002 could not be made applicable in the present case as the block assessment had become time barred on 29.02.2000. counsel reiterated that settlement .....

Commissioner of Income Tax (Central)-ii Vs. Income Tax Settlement Comm ...

Court : Delhi

..... delhi, ( itsc ) granting immunity to the respondent no.2 from imposition of penalty and prosecution.2. chapter xix-a of the income tax act, 1961 consisting of sections 245a to 245m was inserted by the taxation laws (amendment) act, 1975, w.e.f. 1.4.1976. it provided for settlement of cases. vast powers were conferred upon the settlement commission including the ..... it is certainly open to the itsc to grant immunity to an applicant from penalty and prosecution. this power, however, has to be exercised only in accordance with law i.e. on satisfaction of the conditions of section 245h(1). we are constrained to observe that the majority view taken by the itsc in the present case reflects ..... accepted. we fail to see any spirit of settlement; that spirit ought to have been exhibited by the assessee in the application filed before the itsc, as the law requires, and it is not enough if it is shown in proceedings before the itsc after being confronted with adverse reports, to which it had no answer. in .....

Laxmi Rice Mills Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1982)2ITD39(Delhi)

..... time prescribed under sub-section (1) or sub-section (2) of section 139 should suffer merely because the declaration was not filed physically along with it. the taxation laws (amendment) act, 1970 which came into force on 1st april, 1971 has repealed and re-enacted section 184(7) and now the requirement that the declaration should accompany the return ..... his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant.this is a new provision of law which was introduced by the finance act, 1975, with effect from 1-4-1976. all assessees, other than a company or a co-operative society, who derived income, profits and ..... allowed by the ito to the assessee under section 80j of the act was erroneous and prejudicial to the interests of revenue and, therefore, setting aside the assessment for the assessment year 1977-78 and directing the ito to recompute the income as per law.2. the appellant is a partnership firm carrying on business in running .....

income-tax Officer Vs. Annu Knitting Mills (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1987)23ITD1(Delhi)

..... to be operative later.i find myself in respectful agreement with the above exposition. i also notice that section 80 itself has been amended with effect from 1-4-1985 by the taxation laws (amendment) act, 1984. previously this section provided for carry forward of loss, which has been determined in pursuance of a return filed under section 139 ..... . the section as amended with effect from 1-4-1985 restricts such a benefit only to ft loss determined in pursuance of a return filed ..... view is possible. the ratio in the case supra, therefore, does not help the assessee as the hon'-ble supreme court was interpreting the law with reference to the old income-tax act and the present provision, we are concerned with, was not declared invalid. the ratio was, therefore, not laid down with reference to a .....

Harbans Lal Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)44ITD512(Delhi)

..... on the amount of refund due from the date immediately following the expiry of the period of three months aforesaid to the date on which the refund is granted.by taxation laws (amendment) act, 1975 a new section 244(1a) was introduced with effect from 1-10-1975, which provided : (1a) where the whole or any part of the refund referred to ..... withdrawing the refund. it was also pointed out that the provisions of section 244(1a) were withdrawn with effect from 1 -4-1989 or in subsequent years and this amendment having come into force with effect from 1-4-1989. it meant that interest was allowable and the refunds due prior to this date.4. the learned departmental representative ..... from rectifying this mistake under section 154 when he originally failed to grant the interest, which he ought to have done. it is now a well settled rule of law that the government shall pay interest for the deprivation of user of money. the use of the money due to the assessee having been deprived by the government for .....

SkIn Institute and Public Services Vs. Assistant Director of Income Ta ...

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)65ITD125(Delhi)

..... 22). 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 ..... 50 per cent. is sufficient to hold that the philanthropic purpose of the society has been frustrated. the learned assessee's 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 .....

B. P. Singh Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)62TTJ(Delhi)652

..... of ground nos. 1 and 2 of the grounds of appeal, submitted that so far as defect in demand notice is concerned, section 292b of the act, which was inserted by taxation laws (amendment) act, 1975 with effect from 1-10-1975, takes case of such defects and said provision was, in fact, inserted with a view to overcome the situation ..... further confirmation.we have heard the rival submissions, perused, the record, carefully gone through all the judgments as referred to above and looked into the relevant provisions of law. the provisions of section 143(3) and 144, so far as it relates to determination of income and tax payable are identical in both these provisions, so we ..... order under section 143(3) was passed without determining tax payable and without communicating tax payable by assessee, assessment order was not valid in the eyes of law.nothing was placed on record to rebut the contention of the assessee that any other document was ever served upon the assessee to show that tax payable has .....

Dr. S.B. Bhargava Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1985)14ITD244(Delhi)

..... to the ratio of decision in the case of cit v. mela ram jagdish raj & co.[1981] 132 itr 897 (punj. & har.). section 274(2) of the act was omitted by the taxation laws (amendment) act, 3975, with effect from 1-4-1976. as a result of this omission there was no provision in making the reference to the iac by the ito as ..... (sc), addl. cit v. batwantsingh sulakhanmal [1981] 127 itr 597 (mp) and addl. cit v. joginder singh [1985] 151 itr 93 (delhi). it is the law prevailing on the day on which the act of concealment takes place which is relevant. it is wholly material that the income concealed was to be assessed in relation to the assessment order passed.7 ..... representative supported the order of the learned aac. according to him, there could be no dispute to the proposition of law that concealment of income takes place on the date on which the act of concealment takes place. the act of concealment takes place when the return is filed. in the present case the original return was filed on 15-1 .....