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Manoj Didwania Vs. Union of India and Others

Court : Delhi

Reported in : (1987)63CTR(Del)207; [1987]167ITR177(Delhi)

..... in respect of the ex parte assessment order dated march 20, 1986, passed by the income-tax officer, madras, against him. 5. section 127 of the income-tax act, 1961, as amended by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, confers on the board power to transfer cases and the relevant portion thereof is reproduced below : '127. (1) the commissioner may ..... is not relevant for a decision of the question. we are clearly of opinion that the requirement of recording reasons under section 127(1) is a mandatory direction under the law and no ncommunication thereof is not saved by showing that the reasons exist in the file although not communicated to the assessed.' 9. no other authority of the supreme court .....

Sarabjit Singh Vs. the Commissioner of Income-tax

Court : Delhi

Reported in : 1998IVAD(Delhi)513; 74(1998)DLT448; 1998(46)DRJ446; [1998]234ITR641(Delhi)

..... given to the assessed to be heard. (5) every direction issued by the deputy commissioner under subsection(4) shall be binding on the assessing officer........' 14. the section was amended by taxation laws (amendment) act, 1984, w.e.f. 1 october 1984 and for the words ' the income-tax officer proposes to make any variation', the words 'the income-tax officer proposes to ..... 143 is not a charging section and thus cannot be said to be substantive. it is a procedural section. 13. section 144b was inserted by taxation laws(amendment) act, 1975 and was brought into force from 1 january 1976. it thus, applied to all assess-ments completed after 1 january 1976. the relevant portion of the section, ..... nugatory with effect from 1 october 1984 and ceased to apply in relation to assessments made after 30 september 1984. the section was finally omitted by the direct taxes laws (amendment) act, 1987 w.e.f. 1 april 1989. the section provides that where, in making an assessment under section 143(3) of the .....

Mid Land Fruit and Vegetable Products (India) (P.) Ltd. Vs. Inspecting ...

Court : Delhi

Reported in : [1989]30ITD470(Delhi)

..... where the asset is converted by the owner thereof into, or is treated by him as, stock-in-trade of a business carried on by him, such conversion or treatment;taxation laws (amendment) act, 1984 inserted sub-section (2) to section 45 w.e.f. 1-4-1985. the substituted sub-section (2) reads as under :'(2) notwithstanding anything contained in sub-section ..... of their conversion into stock-in-trade and not the original cost to the assessed.9. now we have a close look at the statutory provisions of law. section 2(47) was substituted by the taxation laws (amendment) act, 1984, w.e.f. 1-4-85. clause (iv) of sub-section (47) provides that transfer in relation to a capital asset to include :( ..... from the sale proceeds of the flats constructed with and or on the basis of the converted properties. there is no warrant for such an action in the amended provisions of law which are apparently applicable w.e.f. 1-4-85 and to conversion that took place on or after 1-4-85. the conversion that have taken place .....

Agarwal Pesticides and Chemicals Industries Vs. Income-tax Officer.

Court : Delhi

Reported in : [1990]33ITD377(Delhi)

..... yet they shall be binding on the assessing officer. the explanationn to sec. 263 as inserted by the taxation laws (amendment) act, 1984 with effect from 1-10-1984 and amended by the direct tax laws (amendment) act 1987 with effect from 1-4-1988 and finance act, 1988 with effect from 1-6-1988 was to the effect that an order passed by an assessing ..... impressing the order ostensibly made by the i.t.o as an order made by the iac. he pointed out that this decision was prior to the direct tax laws (amendment) act, 1987 which declared that an order passed by the assessing officer included an order of assessment made on the basis of the direction issued by the dy. commissioner ..... for the commissioner to give advice to itos in terms of para 3 of the instruction no. 1433, dated 26-11-1981. it also clarified that pending amendment of the law to give commissioner the power to issue directions to the itos to complete a particular assessment or pass any other statutory order in the manner laid down by .....

Commissioner of Income Tax, Delhi Vs Moni Kumar SubbA.

Court : Delhi

..... the sum for which the property might reasonably be expected to be let from year to year. in our view, this later insertion of clause (b) by the taxation laws (amendment) act, 1975, is meant to cover a case where the rent per annum actually received by the owner is in excess of the fair rent or the standard rent under ..... is the basis to determine the annual value of a property. this was the sole basis prior to the assessment year 1975-76. however, after the amendment of section 23(1) by the taxation laws (amendment) act, 1975. the legislature has clearly laid down under section 23(1)(b) that when the actual annual rent received or receivable is in excess of the ..... dated 15.12.2006. not satisfied with this outcome, the revenue has preferred the instant appeal under section 260a of the act raising the following question of law: "whether the i.t.a.t. was correct in law in holding that notional interest on the interest free security deposits is not rent liable to be included in the income from .....

Pawan Kumar JaIn Vs. Uoi and ors

Court : Delhi

..... interim relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioner is challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set aside ..... . in this writ petition the petitioner has made the following prayers:- wp(c) 1797/2008 (a) declare the provisions of the taxation laws (amendment act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable to be struck down; and (b) declare that the cbdt circular .....

Bharat Enterprises and anr. Vs. Uoi and ors

Court : Delhi

..... interim relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioners are challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set aside ..... . in this writ petition the petitioners have made the following prayers:- wp(c) 5240/2007 (a) declare the provisions of the taxation laws (amendment) act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable to be struck down; and (b) declare that the cbdt circular .....

Ang Auto Ltd. (Formerly Ang Exports Ltd.) and anr. Vs. Uoi and ors

Court : Delhi

..... interim relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioners are challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set aside ..... . in this writ petition the petitioners have made the following prayers:(a) wp(c) 7669/2007 declare the provisions of the taxation laws (amendment) act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable 2. (b) declare that the cbdt circular no.2 of 2002 .....

Commissioner of Income Tax, Central-1, New Delhi Vs. Shailendra Mahto

Court : Delhi

..... valuable article or thing which wholly or partly represents income or property which has not been or would not be disclosed. the expression would not be disclosed was added by taxation laws (amendment) act, 1975 with effect from 1st october, 1975. clause (c) does not deal with books of accounts or documents but with income and property whereas books of accounts and documents are ..... reflect the position that there was a greater clarity and understanding, regarding block assessment proceedings when the finance act, 2002 was enacted. it reflects the march of law, as there was greater and better appreciation and the amendments negate the ill effects and problems noticed in practice (this aspect has been also examined below with reference to the decision in n.r. paper .....

Nokia India Private Limited vs.deputy Commissioner of Income Tax

Court : Delhi

..... or commissioner or, as the case may be, the order under section 263 or section 264 is passed by the chief commissioner or commissioner. 19. simultaneously, in the taxation laws (amendment) act, 1970, certain highlighted words to that effect were inserted in section 153(3) as under: (3) the provisions of sub-sections (1), (la), (ib) ..... nath v. cit [i979]. 120 itr14(sc) to distinguish the expression 'finding' from the expression 'direction'. legislative history 17. prior to its amendment by the taxation laws (amendment) act, 1970, section 153 of the act read as under: w.p. (c) no.1773/2016 page 9 of 22 time limit for completion of assessments and reassessments.153. (1 ..... is made on a partner of the firm in consequence of an assessment made on the firm under section 147. explanation..... 18. the taxation laws (amendment) act, 1970 inserted sub-section (2a) in the act with effect from 1st april, 1988 and it reads as under: (2a) notwithstanding anything contained in sub-sections (1) and (2), .....