Court : Kolkata
Reported in : [1990]186ITR634(Cal)
..... 2) are not satisfied. the petitions filed under section 220(2a) of the income-tax act, 1961, have been rejected. it has been found that section 220(2a) of the said act, was inserted with effect from october 1, 1984, by the taxation laws (amendment) act, 1984, and that the power of the commissioner to waive interest chargeable under section 220( ..... 2) of the income-tax act can be exercised only in respect of the levies made after october 1, ..... is as to whether the appropriate insertion of section 220(2a) of the income-tax act will have to be taken as prospective or it will have retrospective effect. the law is very clear that, unless provided in the statute, the law is always presumed to be prospective in nature. there cannot be any implied inference of .....
Tag this Judgment!Court : Kolkata
Reported in : 1984(3)ECC200
..... ) mines other than coal mines and quarries were assessable at a particular rate on each rupee of annual net profits thereof. 5. section 7 of the west bengal taxation laws (amendment) act, 1981, for the first time made separate provision for assessment of rural employment cess in respect of tea estates. the clause (a) of sub-section (2) ..... attached to earth or permanently fastened to anything attached to earth.' land comprised in a tea estate is thus undisputedly immovable property. since the amendments inserted by the west bengal taxation laws (amendment) act, 1981, for the purpose of assessment of cess, tea estates have been separately treated and the cess on tea estates is assessable according to ..... the whole or part of the cess or to reduce the rate of the cess payable under section 4(2)(aa) of the act. 7. section 7 of the west bengal taxation laws (amendment) act, 1982 (west bengal act 5 of 1982), inter alia, omitted the first proviso to clause (aa) of section 4(2) of the west bengal .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]116ITR657(Cal)
..... it is also necessary in this connection to remember that the partners of an unregistered firm until the amendment by the taxation laws (amend.) act, 1970, were considered to be distinct assessable units both under the indian i.t. act, 1922, and under the i.t. act, 1961. therefore, one income in the hands of two assessable units as the same income should ..... could not be assessed or vice versa. we are concerned whether the same position prevails in respect of an unregistered firm prior to the amendment by the taxation laws (amend.) act, 1970. the only difference material for the present purpose is the difference in the language of section 3 of the 1922 ..... not normally be made to suffer taxation twice unless the clear intention of the legislature is there to .....
Tag this Judgment!Court : Kolkata
Reported in : [1993]201ITR668(Cal)
..... in 1970 with regard to the quantum of concealment in respect whereof the inspecting assistant commissioner would assume jurisdiction. section 274(2) of the act was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. the amended section, inter alia, provides that if in a case falling under section 271(1)(c), the amount of income as determined by the income-tax ..... it.14. the allahabad high court in cit v. jagannath prasad nanhoo prasad : [1987]168itr52(all) , held that after the deletion of sub-section (2) of section 274 by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, it is not necessary for the income-tax officer to refer the case of imposition of penalty to the inspecting assistant commissioner where .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)91CTR(Cal)147,[1991]189ITR336(Cal)
..... no. 79 of 1984 needs reconsideration in view of these two decisions.5. i am unable to uphold this contention. the question whether, oeven after the amendment made by the taxation laws (amendment) act, 1970, the assessee will be entitled to the benefit of carry forward of loss has been gone into and decided in the case of cit v. ..... , limiting the time within which loss should be declared, the tribunalwas justified in holding that the assessee was entitled to carry forward the loss under the act as amended by the taxation laws (amendment) act, 1970 ?'2. the assessment year involved is 1976-77 for which the relevant accounting year ended on march 31, 1975. the question is about carry ..... 139 which came into force on april 1, 1976, the decision of the calcutta high court in the above-named case was no longer good law. the tribunal further held that the amendment of section 139(1) did not alter the principle laid down by the calcutta high court in the aforesaid case of presidency medical centre (p .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]184ITR484(Cal)
..... bansali : [1983]141itr419(cal) . the tribunal has distinguished this decision on the ground that, after the amendment by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, that decision is no longer good law.42. the views of the tribunal do not apear to be correct. the amendment act only seeks to provide that, in case the actual rent received by an asses-see is ..... decision of this court in cit v. prabhabati bansali : [1983]141itr419(cal) . the tribunal held that, after the amendment in section 23 by virtue of the taxation laws (amendment) act, 1975, with effect from april 1, 1976, the said decision of this court was no longer good law and was not applicable in the instant case. the tribunal held that if the valuation determined under the .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)181CTR(Cal)402,[2003]261ITR4(Cal)
..... to prove that there was reasonable cause for the said failure.6. section 271b, inserted through the 1984 finance act, appears to be a little different when amended through the taxation laws (amendment and miscellaneous provisions) act, 1986. the legislature had an intention for the omission of the phrase 'without reasonable cause' qualifying the failure to get the accounts audited. the ..... direct that such person shall pay by way of penalty', the sum mentioned therein. by the taxation laws (amendment and miscellaneous provisions) act, 1986, the phrase 'without reasonable cause' was omitted with effect from september 10, 1986. by the said 1986 act, section 273b was introduced in the act. this section provides that no penalty shall be imposed under section 271b if the assessee is able .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)79TTJ(Kol.)915
..... return showing loss is to be furnished and treatment of returns below taxable limit 9.1 under the existing provisions of section 139(3) of the it act, as amended by the taxation laws (amendment) act, 1970, the ito, on an application made to him for this purpose, is empowered to extend, in his discretion, the time for furnishing a ..... return showing loss is to be furnished and treatment of returns below taxable limit 9.1 under the existing provisions of section 139(3) of the it act, as amended by the taxation laws (amendment) act, 1970, the ito on an application made to him for this purpose is empowered to extend, in his discretion, the time for furnishing a ..... that the assessee was entitled to carry forward the loss even though the loss return was filed within the time prescribed under section 139(3) as amended by the taxation laws (amendment) act, 1970 ?' this court following the decision in presidency medical centre (p) ltd.'s case (supra) answered the said question in the affirmative and in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)85ITD215(Kol.)
..... return showing loss is to be furnished and treatment of returns below taxable limit under the existing provisions of section 139(3) of the income tax act, as amended by the taxation laws (amendment) act, 1970, the income tax officer, on an application made to him for this purpose, is empowered to extend, in his discretion, the time for ..... loss is to be furnished and treatment of returns below taxable limit.9.1 under the existing provisions of section 139(3) of the income tax act, as amended by the taxation laws (amendment) act, 1970, the income tax officer on an application made to him for this purpose is empowered to extend, in his discretion, the time for ..... that the assessee was entitled to carry forward the loss even though the loss return was filed within the time prescribed under section 139(3) as amended by the taxation laws (amendment) act, 1970 this court following the decision in presidency medical centre (p) ltd.s case (supra) answered the said question in the affirmative and in .....
Tag this Judgment!Court : Kolkata
Reported in : [1974]34STC161(Cal)
..... impost wipes out practically the entire gross profit and renders the business so unprofitable that none can carry on the trade. therefore, section 3(5) of the taxation laws (amendment) act directly affects free flow of trade and, as it does not fulfil the other requirements of article 304, it must be held to be ultra vires the ..... popular sense but also in the legal sense and, as such, the state legislature had ample legislative competence to impose sales tax as proposed by the said taxation laws (amendment) act. to answer the second point raised by mr. bose, mr. sengupta contends that the imposition of sales tax cannot be considered to be a restriction within ..... country spirit by licensees, the petitioners have moved this court disputing the validity of such an imposition. according to the petitioners, section 3(5) of the taxation laws (amendment) act is ultra vires the constitution. it is claimed to be ultra vires, firstly, because the sale made by them as licensees is not a sale within the .....
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