Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1984)7ITD168(Ahd.)
..... rs. 90,000 as against the tax of rs. 21,920 only demanded of him by the ito under section 210 of the act and (2) if the provisions of section 64 of the act, as amended by the taxation laws (amendment) act, 1975 with effect from 1-4-1976, are ignored, the advance tax paid by the assessee would be, according to the assessee, ..... mentioned in the order of the commissioner (appeals). it is also the contention of the learned counsel for the assessee that, if the provisions of section 64, as amended by the taxation laws (amendment) act, 1975 were ignored, the tax pajd by the assessee was enough to meet the requirement of payment of advance tax. the ..... cause for not filing the estimate. even the second limb of the assessee's argument does not bear scrutiny.12. the taxation laws (amendment) act, 1975 received the president's assent on 7-8-1975 and it made various sections of the said act applicable from different dates. the provisions pertaining to section 64, as contained in section 13 of the said .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1988)25ITD555(All.)
..... should be imposed as prescribed under the statute at the time when the order imposing penalty was made, that is to say, in accordance with the law as it stood after amendment by the taxation laws (amendment) act with effect from 1-4-1976, since the income-tax officer passed the penalty order on 18-3-1980, while the return was filed on ..... tax appellate tribunal nominated the third member, who vide his order dated 15-1-1988 held that the penalty is leviable in accordance with law prior to the amendment of section 271(1)(iii) by the taxation laws (amendment) act, 1975 which came into effect from 1-4-1976 as the concealment in this case was made on 21-8-1975 when the ..... , the decision of the supreme court in the case of brij mohan (supra), i hold that the penalty is leviable in accordance with law prior to the amendment of section 271(1)(iii) by the taxation laws (amendment) act, 1975 which came into effect from 1-4-1976 as the concealment, in this case was made on 21-8-1975 when the return .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1984)8ITD645(Mum.)
..... dates for considering the exigibility of the assessee to penalties. he pointed out that the relevant provision of section 18, as it stood prior to its amendment by the taxation laws (amendment) act, 1970, with effect from 1-4-1971, was to the effect that where the value of any asset returned by any person was less than ..... purposes of section 18(1)(c). even after the amendment of the relevant provisions with effect from 1-4-1971, the law on the subject was unaffected.section 18, after its amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, had undergone substantial change. this amendment placed on the statute book the explanation 4 which was ..... for attending to the wealth-tax affairs of the assessee the assessee had appointed shri b.g. gandhi, a senior chartered accoutant, to look after the taxation matters. the returns were being filed by shn ishwardas valiram mahbubani, another co-partner in the firm of hariela.the assessment proceedings were being attended to by .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jodhpur
Reported in : (2008)116TTJ(Jodh.)542
..... placed on the judgment of the hon'ble supreme court in the case of t.s.balaram, ito v. volkart bros. and ors. . the taxation laws (amendment) act, 2005 has carried out an amendment by inserting proviso clauses below sub-section (3) of section 80hhc with retrospective effect from 1st april, 1998 and also under expln. (baa) whereby for ..... with retrospective effect from 1st april, 1998 it was held that there was mistake which the ao could rectify under section 154 of the act. he also found that in view of taxation laws (amendment) act, 2005 deduction under section 80hhc on depb is not allowable, particularly when there is no cost of acquisition in respect of depb and ..... the issue is a debatable one, he requested him to withdraw the notice so issued.4. the ao, however, taking note of the amendment made retrospectively by taxation laws (amendment) act, 2005 opined that there was mistake apparent from record which he decided to rectify after considering the assessee's reply. he also found that .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1983)5ITD661(Mum.)
..... to hold that, following the calcutta high court decision in the case of bombay photo stores (p.) ltd. (supra), the provisions of section 104 as amended by the taxation laws (amendment) act, 1975, which took effect from 1-4-1976, did not apply to the facts of the case. the question whether the provisions of section 104 applied ..... notification so 475(e), dated 5-9-1975, issued by the central government in exercise of the powers conferred under section 1(2) of the taxation laws (amendment) act, 1975, this amendment came into effect with effect from 1-4-1976. it was the plea of the learned counsel for the assessee that as explained by the learned ..... on the plea that the liability did not exist as on the date of amalgamation. a further argument was made before the commissioner (appeals) that the taxation laws (amendment) act, 1975 amending the relevant provisions with effect from 1-4-1976 had no application to the facts of the present case. the commissioner (appeals) overruled this objection on .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (1993)44ITD703(Bang.)
..... explanations were intended to explain the main provision of section 40(b) right from its inception. in other words, the explanations though inserted by taxation laws (amendment) act, 1984, purportedly with effect from 1-4-1985 are retrospective in operation because they are declaratory in nature and thus they are applicable to earlier ..... , viz., the capacity in which the partner entered into partnership is immaterial for the purpose of disallowance under section 40(b) and the amendment made by the taxation laws (amendment) act, 1984, is effective from 1-4-1985 relevant for the assessment year 1985-86 and onwards and not, therefore, applicable to earlier assessment ..... earlier decision in the case of khoday eswarsa & sons (supra) yet came to a different conclusion in view of the explanations inserted by the taxation laws (amendment) act, 1984.3. the learned departmental representative did not. dispute the binding decision of the karnataka high court in the case of mangalore ganesh beedi works .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cuttack
Reported in : (1992)42ITD320Ctk
..... on 22-9-1986, when explanation 2 to section 139(8) and sub-section (6) of section 215, as amended by the aforesaid taxation laws (amendment) act, 1984, had already come into force, interest under sections 139(8) and 217 of the act was clearly chargeable. the learned departmental representative further submitted that the cases relied on by the dc(appeals) were not ..... order of the dc (appeals).4. the learned departmental representative urged before me that explanation 2 to section 139(8) of the act as substituted and sub-section (6) of section 215 as inserted by the taxation laws (amendment) act, 1984 with effect from 1-4-1985 justify the charge of interest under sections 139(8) and 217 in the present case. ..... explanation 2 to section 139(8), and section 215(6) were, as stated earlier, made effective from 1-4-1985 by the taxation laws (amendment) act 1984. according to them for the purposes of sections 139(8) and 217 the assessment made for the first time in a case under section 147 in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cuttack
Reported in : (1993)45TTJCtk188
..... that to on 22nd sept., 1986, when expln. 2 to s.139(8) and sub-s. (6) of s. 215, as amended by the aforesaid taxation laws (amendment) act, 1984, had already came into force, interest under ss. 139(8) and 217 of the act was clearly chargeable. the learned departmental representative further submitted that the cases relied on by the dy. commissioner(a) were not ..... impugned order of the dy.commissioner(a).4. the learned departmental representative urged before me that expln.2 to s. 139(8) of the act as substituted and sub-s. (6) of s. 215 as inserted by the taxation laws (amendment) act, 1984, w.e.f. 1st april, 1985 justify the charge of interest under ss. 139(8) and 217 in the present case. it ..... expln. 2 to s. 139(8), and s. 215(6) were, as stated earlier, made effective from 1st april, 1985 by the taxation laws (amendment) act 1984. according to them for the purposes of s. 139(8) and s. 217 the assessment made for the first time in a case under s. 147 in respect of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (1996)58ITD19(JP.)
..... control legislation will have to be taken for determining the bona fide annual value. however, section 23 of the income-tax act, 1961, has been amended by the taxation laws (amendment) act, 1975, and as per the said amended law applicable for the assessment year 1976-77 onwards, where the rent received or receivable in respect of the house property is ..... be taken as the annual letting value of the house property.23. it is not disputed in this case that the provisions of section 23 as amended by the taxation laws (amendment) act, 1975, are applicable and that the actual rent received is assessable to tax as the annual letting value of the house property. neither the assessing ..... excess of the sum referred to in clause (a), the amount so received or receivable." 22. as per section 23 as it existed before its amendment by the taxation laws (amendment) act, 1975, the annual letting value of the house property was deemed to be the sum for which the property might reasonably be expected to be let .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)9ITD750(Kol.)
..... )(c)/274(2). according to the assessee's learned counsel, the iac lost his jurisdiction to pass order on the present case in view of the amendment brought about by the taxation laws (amendment) act, 1975, which was made effective from 1-4-1976 affecting section 274(2). according to the assessee's learned counsel, the ito had jurisdiction to ..... continental commercial corpn, (supra) it was held on the facts of that case that section 274(2) relates to the jurisdiction of the ito and the amendment to that section by the taxation laws (amendment) act, 1970, enlarged the jurisdiction of the ito with effect from 1-4-1971 and as it dealt with the jurisdiction of an officer, the ..... not take away the jurisdiction of the iac in respect of the case referred to him. it also noted that the provision of the taxation laws (amendment) act, 1970, did not indicate that amendment of section 274 is retrospective. it was observed by the hon'ble high court that if during the time when the matter of penalty had .....
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