Court : Madhya Pradesh
Reported in : (1985)44CTR(MP)85
..... (1) for payament by way of penalty without the previous approval of the inspecting assistant commissioner.'8. thus, from 1-4-1976, on which date the taxation laws (amendment) act, 1975 came into force, the iac had no jurisdiction to impose penalty. he derived jurisdiction for the purpose of imposing penalty on a reference made to him ..... . 4,650 respectively. the wto had completed the assessment on 21-3-1975 who made the reference to the iac on 15-1-1977. the taxation laws (amendment) act, 1975 was admittedly amended on 1-4-1976.3. it was contended before the tribunal that the iac, who passed the impugned order on 24-3-1977, had no jurisdiction ..... to impose penalty after the amendment of section 18(3) by the taxation laws (amendment) act, 1975 with effect from 1-4-1976. this objection was overruled by the tribunal holding that the iac had the necessary jurisdiction. being aggrieved .....
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 : Andhra Pradesh
Reported in : AIR1977AP313; [1977]107ITR743(AP)
..... unamended section 275 within two years from that date. if, on the other hand, the period of limitation under section 275(b) as it stands after its amendment by the taxation laws (amendment) act, 1970, is to be applied, the period of limitation would expire on march, 31, 1972, that being end of two years from the end of the ..... have been commenced.'section 271 is one of the section in chapter xxi in which section 275 is included. under clause (b) of section 275, after its amendment by taxation laws (amendment) act, 1970, which was brought into effect on april 1, 1971, no order imposing a penalty under this chapter shall be passed in any other case, after the ..... for consideration in this case, which is only as regards the period of limitation, it is necessary to refer to section 275 of the act, as it stood prior to its amendment by the taxation laws (amendment) act, 1970. the original section, in so far as it is relevant for the purpose of this judgment, read :'no order imposing penalty under .....
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 : Kolkata
Reported in : (1992)104CTR(Cal)95,[1992]194ITR391(Cal)
..... in relation to the assessment year 1976-77 and subsequent years.' 17. a reading of the provisions regarding determination of annual value as amended by the taxation laws (amendment) act, 1975, clearly indicates that the purpose of the amendment is not to take within the annual value any rental income in excess of the rent received or receivable for twelve months of the ..... assessment year contains.20. in this connection, it may be mentioned that the explanation below section 23(1) was inserted by the taxation laws (amendment) act, 1975, with effect from the assessment year 1976-77 simultaneously with the amendment of sub-section (1). the tribunal is correct to the extent that the arrears of rent of a past year are not ..... 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, 1975, is meant to cover a case where the rent for a year actually received by the owner is in excess of the .....
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 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 Delhi
Reported in : (1983)5ITD492(Delhi)
..... of the appellant appears to be right. neither in the original order nor in the amended order the income-tax officer seems to have followed the provisions of law as they stood prior to the taxation laws (amendment) act, 1975. in appellant's case the penalty should have been related to the income concealed. since at the original stage itself ..... to 29-1-1976 and as such the default arose prior to the amendment has brought in by the taxation laws (amendment) act, 1975 with effect from 1-4-1976. it was by means of taxation laws (amendment) act, 1975 that the penalty under section 271(1)(c) was related to the tax. prior to this amendment the quantum of penalty was related to the income concealed. therefore, the contention .....
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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