Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)86ITD90(Kol.)
..... court, in the case of presidency medical centre (p) ltd. (supra), were dealing with the legal provisions which are not in pari materia with the legal position, after amendment in section 80 of 1961 act by taxation laws (amendment) act, 1984 with effect from 1-4-1985, and, accordingly, these judgments have no application on the issue in appeal before -us.while dealing with the pre ..... ) of section 139 or within such further time as may be allowed by the income tax officer" was brought on the statute book with effect from 1-4-1985, vide taxation laws (amendment) act, 1984, and it substitute the expression 'return filed under section 139. the legal provisions applicable with effect from 1-4-1985 were, thus, neither in pari materia with the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)85ITD105(Kol.)
..... with other business losses. section 73 corresponds to 1st proviso to section 24(1) and section 24(2)(1) and (iii) of the 1922 act. explanation to section 73 was inserted by the taxation laws (amendment) act, 1975 which treats the business of purchase and sale of shares by companies (other than excluded companies) as speculation business. as a result of ..... order to curb the tendency of some tax payers to reduce the tax burden by manipulation, explanation to section 73 was added by taxation laws (amendment act), 1975. circular no. 204 dated 24-7-1976 explains the reasons for incorporating explanation to section 73. it was contended that the jurisdictional high court ..... allowed, to be carried forward to the following assessment year and set off against the speculation profits, if any, in that year, and so on. the amending act has added an explanation to section 73 to provide that the business of purchase and sale of shares by companies which are not investment or banking companies or companies .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)124CTR(Cal)201,[1995]211ITR79(Cal)
..... state. the onus is on the accused to prove that he had no such mental state. these provisions were introduced in 1975 under the taxation laws (amendment) act, 1975, with effect from october 1, 1975, and the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from september 10, 1986, respectively. both these provisions were expressly considered by the karnataka high court but not by the calcutta ..... high court in kusum products' case : [1980]126itr804(cal) , although the decision in kusum products' case : [1980]126itr804(cal) was delivered several years after the amendments in 1975.32. in .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]138ITR294(Cal)
..... of persons remained otherwise the same. the partners of an unregistered firm, until the amendment by the taxation laws (amendment) act, 1970, were considered to be distinct assessable units both under the 1922 act and the 1961 act.10. therefore, according to us, one income in the hands of two assessable units should not normally be made to suffer ..... whether the same position prevailed in respect of an unregistered firm under the 1961 act prior to the amendment by the taxation laws (amendment) act, 1970. the only difference, material for the purpose, was that between the language of section 3 of the 1922 act and section 4 of the 1961 act. the scheme of taxation in respect of partners and the firm or the members of an association .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]42STC113(Cal)
..... to rs. 42. in my view, the additional fee on the sale of foreign liquor cannot be equated with the sales tax under the west bengal taxation laws (amendment) act, 1972.6. it is next contended that there is no element of permanency with respect to the petitioners' trade as it depends upon the issuance of licence ..... of additional fee or literage fee thereunder is virtually an imposition of sales tax under the impugned acts and amounts to double taxation on the sale of the same commodity. on or about the year 1972, the west bengal taxation laws (amendment) act, 1972, was enacted. the same came into force on and from 7th august, 1972. under ..... dealers within the meaning of the bengal finance (sales tax) act, 1941, or the west bengal taxation laws (amendment) act, 1972. according to the petitioners, the expression 'dealer' under the said west bengal act of 1972 imputes and/or connotes an element of permanency and/or continuance and the act used the expression 'carries on' deliberately. it is also .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]45STC418(Cal)
..... arun prakash chatterjee, the learned senior standing counsel appearing on behalf of the appellants, that the only ground upon which section 3(5) of the west bengal taxation laws (amendment) act, 1972, has been held by the learned judge to be ultra vires the provision of article 304(b) of the constitution is no longer available after the promulgation ..... no. 781 of 1974 arises. it was held by him that imposition of tax on the sale of country liquor by section 3(5) of the west bengal taxation laws (amendment) act, 1972, directly restricted the freedom of trade and, as the requirement of article 304(b) of the constitution was not admittedly complied with, section 3(5) ..... . the respondents felt aggrieved by the imposition of tax on the sale of country liquor by the impugned provision of section 3(5) of the west bengal taxation laws (amendment) act, 1972. they filed writ petitions in this court and obtained rules nisi out of which these appeals arise. it was the common case of the respondents that .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]58ITR533(Cal)
..... the point further, it would be necessary to refer to some of the relevant provisions of (1) the taxation laws (extension to merged states and amendment) act, 1949 (act no. lxvii of 1949) and consider (2) the merged states (taxation concessions) order, 1949.paragraph 5 of the merged states (taxation concessions) order, 1949, on which strong reliance was placed by mr. sinha, reads as follow :'5. (1 ..... ) order, 1949, was made in exercise of the powers conferred by section 60a of the indian income-tax act, 1922. now section 60a of the income-tax act was introduced by section 19 of the taxation laws (extension to merged states and amendment) act, 1949. the object of this section, inter alia, is to grant power to make exemptions, etc., in relation to the merged territories .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1982)1ITD160(Kol.)
..... section 274(2) (assuming without admitting at this stage whether the said provision can be made use of by the revenue because the said provision stand omitted by the taxation laws (amendment) act, 1975, with effect from 1-4-1976 prior to the passing of the impugned penalty orders by the iac for the assessment years 1958-59, 1960-61 and 1961 ..... when he passed the impugned penalty orders, i.e., 31-3-1977, in view of the omission of section 274(2) with effect from 1-4-1976 by the taxation laws (amendment) act, 1975, he had ceased to have jurisdiction or requisite power to pass the penalty orders. in support of this argument, the representative for the assessee mr. g.p. ..... where he has validly assumed the jurisdiction prior to 1-4-1976 merely because the provisions of section 274(2) stand omitted with effect from 1-4-1976 by the taxation laws (amendment) act, 1975 : 1. the calcutta bench 'a' in it appeal no. 1010 (cal.) of 1977-78 in the case of shri bhabesh chandra mukherjee decided on 16-9- .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)86TTJ(Kol.)579
..... s case (supra) but the point of departure was made in the following context : "upon taking into consideration the explanation appended to section 23(1) as inserted by reason of taxation laws (amendment) act, 1975, as also upon consideration of the circulars issued by the board, it was further held : 'but the legal position is that such arrears of rent are the annual ..... of the sum for which the property might reasonably, be expected to be let from year to year. to our mind, this clause (b), a later insertion by the taxation laws (amendment) act, 1976, is meant to cover a case where the rent for a year actually received by the owner is in excess of the ..... the additional extra rent attributable to preceding years of account which could not be taxed under section 22 of the act should, instead, be taxed under the head 'income from other sources" it is now a well settled principle of law that a decision is an authority for what it decides and not what can logically be deduced therefrom. the main .....
Tag this Judgment!Court : Kolkata
Reported in : [1985]59STC346(Cal)
..... .. state of bihar [1984] 55 stc 1 (sc), the assessing authorities should proceed to assess the dealers as per the provisions of the west bengal taxation laws (second amendment), act, 1979, keeping in view the observations made by the supreme court in that matter. it has of course been directed that the cases of dealers who ..... refused and neglected to pay the concerned turnover tax and then, on 22nd june, 1984 moved this court challenging the validity of the said west bengal taxation laws (second amendment) act, which is mentioned hereinbefore made provisions for imposition of turnover tax on grounds similar to those as disposed of by b. c. basak, j., in ..... 1984 by the appellant/petitioners, who were respondents in that proceeding.2. it would appear that against the imposition of turnover tax by the west bengal taxation laws (second amendment) act, 1979, various applications were moved under article 226 of the constitution of india and many of such applications were heard by b. c. basak, j., .....
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