Court : Rajasthan
Reported in : (1987)65CTR(Raj)301
..... after insertion of the proviso in sub-s. (2) of s. 187 retrospectively w.e.f. 1-4-1975 by the taxation laws (amendment) act, 1984 which reads as under :'provided that nothing contained in cl. (a) shall apply to a case where the firm is ..... these two periods were required to be made. the commissioner set aside the itos order in exercise of jurisdiction under s. 263 of the act taking the view that this was a case of mere change in the constitution of firm on the death of a partner, so that ..... s. 187(2), since the firm stood dissolved on death of one of the partners under the general law of partnership in the absence of the contract to the contrary. accordingly, it is a case of succession governed by s. 188 of the ..... orderby the court - this reference is made under s. 256(1) of the income-tax act, 1961 (hereinafter referred to as the act) at the instance of the revenue to answer the following question of law, namely :'whether, on the facts and in the circumstances of the case, the tribunal was right .....
Tag this Judgment!Court : Rajasthan
Reported in : (1988)70CTR(Raj)175; [1989]175ITR366(Raj); 1988(2)WLN128
..... the division bench, concluded as under (p. 502) :'it may be added that the proviso inserted in sub-section (2) of section 187 of the act retrospectively with effect from april 1, 1975, by the taxation laws (amendment) act, 1984, has no application since it excludes from the ambit of clause (a) of sub-section (2) of section 187 only a case where a firm ..... j.s. verma, c.j.1. this reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue is to answer the following question of law, namely :'whether, on the facts and in the circumstances of the case, there should be two assessments, one for the period april 1, 1973 to july 27, 1973, and the ..... other for the period july 28, 1973 to march 31, 1974, or one assessment under the act ?'2. the relevant assessment year is .....
Tag this Judgment!Court : Rajasthan
Reported in : (1988)73CTR(Raj)255; [1988]174ITR346(Raj); [1988]39TAXMAN104(Raj)
..... such interest is received by him on behalf, or for the benefit, of any other person.'the three explanations in clause (b) of section 40 have been inserted by the taxation laws (amendment) act, 1984, with effect from april 1, 1985. we are here concerned with section 40(b) as it stood without these explanations during the relevant assessment years.a mere perusal ..... undivided family in the assessee-firm, on his individual account by the assessee was hit by the provisions of section 40(b) of the income-tax act, 1961 ?'in substance, the question of law referred in both the references is the same and is based on the same set of facts.one of the partners of the assessee-firm, gajanand poonam ..... of rs. 8,506 and rs. 10,720 pertaining to the assessment years 1974-75 and 1978-79, respectively, under section 40(b) of the income-tax act, 1961 ?'the question of law as framed in reference no. 2 of 1982 is as follows :'whether, on the facts and in the circumstances of the case, the tribunal was right in .....
Tag this Judgment!Court : Rajasthan
Reported in : [1988]174ITR728(Raj)
..... was a partner in the assessee-firm. it was held that explanations 2 and 3, which cover both the situations, are clarificatory of the law as it existed prior to their insertion by the taxation laws (amendment) act, 1984, with effect from april 1, 1985, and that the prohibition contained in section 40(b) even without the aid of these explanations ..... that the interest paid to the hindu undivided family represented by kishanlal as a karta is not hit by the prohibition contained in section 40(b) of the act, inasmuch as kishanlal was a partner in the assessee-firm only in his individual capacity and not in his representative capacity as karta of the hindu undivided family. ..... at the instance of the revenue, to answer the following question of law :'whether, on the facts and in the circumstances of the case, the tribunal was justified in deleting the disallowance of interest of rs. 2,125 made under section 40(b) of the income-tax act, 1961 ?'the relevant assessment year is 1978-79. one kishanlal was .....
Tag this Judgment!Court : Rajasthan
Reported in : (1987)66CTR(Raj)9
..... governed by ss. 187 and 188 as they stand after insertion of the proviso in sub-ss. (2) of s. 187 retrospectively with effect from 1-4-1975 by the taxation laws (amendment) act, 1984. this being so, it is a case of succession governed by s. 188 on account of the fact applicability of ss. 187 is excluded by virtue of the proviso ..... ito took the view that it was merely a case of change in constitution of the old firm governed by s. 187 of the act and not a case of succession governed by s. 188 of the act. he, therefore, clubbed the income for the two periods and made one assessment for the entire period. the aac, however, took the view that ..... orderby the court - this is a reference under s. 256(1) of the it act, 1961 (hereinafter referred to as the act) at the instance of the assessee to answer the following questions of law, namely :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the firm was not dissolved on 12-1-1979, when .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988(2)WLN158
..... such interest is received by him on behalf, or for the benefit of any other person.the three explanations in clause (b) of section 40 have been interested by the taxation laws (amendment) act, 1984 w.e.f. 1-4-1985. we are here concerned with section 40(b) as it stood without these explanations during the. relevant assessment years.7. a mere perusal ..... of his huf in the a assessee firm, on his individual account by the assessee was hit by the provisions of section 40(b) of the act, 1961?in the substance the question of law referred in both the reference is the same and is based on the same set of facts.4. one of the partners of the assessee firm m ..... sustaining the disallowance of rs. 8,506/-and rs. 10,720/- pertaining to the assessment years 1974-75 and 1978-79 respectively under section 40(b) of the income tax act, 1961?the question of law as framed in reference no. 2/82 is as following:whether, on the facts and in the circumstances of the case the tribunal was right in .....
Tag this Judgment!Court : Rajasthan
Reported in : [1996]217ITR320(Raj)
..... even if the order is erroneous, it cannot be said to be prejudicial.5. we have considered over the matter. the provisions of section 8aa were inserted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975. sub-section (4) of section 8aa provides that where an order is made under sub-section (1) and the inspecting ..... accordance with law and the order passed by the assessing authority was erroneous under law. the other condition that the erroneous order should ..... or guess work and is clearly an error of law. the non-consideration of the mandatory provision of law which the assessing authority was bound to consider is an error of law and the order so passed is erroneous under law. the power under section 25(2) of the wealth-tax act, therefore, exercised in the present case is in .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)48CTR(Raj)52; [1985]155ITR593(Raj); 1985(1)WLN670
..... no. 6 but if it was beyond a certain date, interest was to be charged at the prescribed rate. later, this proviso was substituted by a fresh proviso by the taxation laws (amendment) act 1970, with effect from april 1, 1971. (3) there was no such prescription about time-limit in section 22(2) of the ..... remanded the appeals to the aac to decide them on merits after hearing both the parties. reference applications under section 256(1) of the act were filed by the assessees. according to the tribunal, a question of law arose out of its order, and, therefore, it has referred the aforesaid question for our opinion.6. before we proceed to answer the ..... the appellate assistant commissioner (aac) held that the returns filed by the assessee were no returns in the eye of law and that the period of limitation could not be extended by filing the returns under section 139(5) of the act. he opined that the assessments in question should have been completed by march 31, 1974, and as the assessments were .....
Tag this Judgment!Court : Rajasthan
Reported in : 1972WLN814
..... publication of the bill because that provision shall continue to have the same force of law which it had acquired under the declaration made under 5958 act and the notification shell not, therefore be affected. 12. learned counsel for the petitioner next argued that the rajasthan motor vehicles taxation (amendment) ordinance, 1972, issued by the state government on september 7, 1972, goes to suggest ..... effect immediately by virtue of the amended section 4 of the 1951 act which had the effect of law from 26th of april, 1972, because of the declaration made in the bill no. 8 of 1972 under the provisions of the 1958 act the introduction of sub-section (1-a) to section 4 of the rajasthan motor vehicles taxation act, 1951, by issuing the ordinance of .....
Tag this Judgment!Court : Rajasthan
Reported in : I(2004)ACC86; AIR2003Raj251; RLW2003(4)Raj2248; 2003(3)WLC428
..... the amendment was not only to validate the tax collected but also to keep exigible to tax under the taxation act that too with retrospective effect. section 2(c) of the taxation act defining 'motor vehicle' was therefore substituted by making following provision :--'notwithstanding anything in ..... one which stood incorporated in the taxation act. this took out the dumpers from the taxation net though they were held registrable under the act. anticipating a spate of refund applications as a result of baloni ores' case (air 1975 sc 17) the state of orissa promulgated an ordinance on february 11, 1975 known as the orissa motor vehicles taxation laws (amendment) ordinance, 1975. the purpose of .....
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