Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... be construed to be a tax on mineral rights. ineither case, the impugned cess is covered by entries 49 and 50 of list ii.the west bengal taxation laws (amendment) act 1992 must be and is held tobe intra vires the constitution.135. we also hold that mahanadi coalfield was not correctly decided in asmuch as india cement ltd ..... in respect of assessments for which notices of demand of rural employment cess under clause (d) are issued on or after the date of commencement of the west bengal taxation laws (amendment) act, 1992:provided that interest under clause (ga) or clause (gb) in respect of anyperiod ended on or before the 31st day of march, 1992, or interest ..... payable in respect of assessment for which notices of demand of education cess under clause (d) are issued on or after the date of commencement of the west bengal taxation laws (amendment) act, 1992:provided that interest under clause (ga) or clause (gb) in respect of anyperiod ended on or before the 31st day of march, 1992, or interest .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1113; [1966]60ITR156(SC); [1966]2SCR881
..... such directions, as appear to it to be necessary for removal of the difficulty.' 9. the taxation laws amendment (second) ordinance, 1949 (no. xxxiii of 1949) inter alia made various amendments in the indian income tax act, 1922. 10. these ordinances were replaced by the taxation laws (extension to merged states and amendment) act, 1949 (lxvii of 1949). section 3 of this 1 is similar to s. 3 of ..... 20, 1962, in exercise of the powers conferred by s. 6 of the taxation laws (extension to merged states and amendment) act, 1949 (lxvii of 1949), the central government made the following order to amend the taxation laws (merged states) (removal of difficulties) order, 1949. the order was called the taxation laws (merged states) (removal of difficulties) (amendment) order, 1962 (hereinafter referred to as the 1962 order). the relevant part .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC579; 1968(16)BLJR254; [1968]68ITR227(SC); [1968]2SCR1
..... greater of the two sums allowed shall only be taken into account.' 8. ordinance 21 of 1949 was repealed by sub-s. (1) of s. 34 of the taxation laws (extension to merged states and amendment) act 67 of 1949, but by virtue of sub-s. (2) of that section, the removal of difficulties order remained in force. the order was clearly intended to ..... filed by the commissioner of income-tax in this court, the central government in exercise of the power conferred by s. 6 of the act 67 of 1949 issued an order called the 'taxation laws (merged states) (removal of difficulties) amendment order, 1962', and added the following explanation to clause 2 of the removal of difficulties order, 1949 : 'explanation. - for the purpose of this .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)168CTR(Bom)337; [2001]249ITR756(Bom)
..... 25, 1983. he contended that section 214 was amended by the taxation laws (amendment) act, 1984, only with effect from april 1, 1985. he accordingly contended that taxation laws (amendment) act, 1984, has no application to the facts of the case. he contended that under the law prevailing prior to the taxation laws (amendment) act, 1984, interest was payable only from the ..... assessing officer erred in granting interest to the assessee with effect from april 1, 1980. we do not find any merit in this argument. the taxation laws (amendment) act, 1984, is procedural in nature and, therefore, it will apply to all pending actions. secondly, in the present matter, the right to receive ..... was passed on october 24, 1988. at this stage, it may be noted that section 214 of the act was amended by the taxation laws (amendment) act, 1984, with effect from april 1, 1985, and by virtue of the amending act, sub-section (1a) was substituted. in other words, the assessing officer passed the order giving effect .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC866; [1966]59ITR711(SC); [1966]2SCR579
..... structure in its application to the merged states. by paragraph 3(i) of the merged states (taxation concessions) order, 1949 the expression 'act' was defined as meaning the taxation laws (extension to merged states and amendment) act 67 of 1949. paragraphs 4, 5, 6 and 6a of the order as amended or added by the notification dated march 11, 1949, provided : 4. 'the provisions of paragraphs 5 ..... administered as if it formed part of the province of bombay. the indian income-tax act was applied to the merged states by s. 3 of the taxation laws (extension to merged states and amendment) act, 67 of 1949 with retrospective effect from april 1, 1949, and by s. 7 corresponding laws relating to income-tax in the merged states were repealed. it was provided that .....
Tag this Judgment!Court : Kerala
Reported in : [1974]96ITR577(Ker)
..... court in smt, kusum kumari v. union of india, : [1972]85itr19(all) . 12. it has already been noticed that while section 221(1), as amended by the taxation laws (amendment) act, 1970, specified the income-tax officer as the authority who could direct the payment of penalty, such authority was not mentioned in the section prior to its ..... any such penalty the assessee shall be given a reasonable opportunity of being heard. '4. this was amended by the taxation laws (amendment) act, 1970. section 38 of the said act substituted for the origional sub-section (1) of section 221 of the income-tax act, the following sub-section : ' (1) when an assessee is in default or is deemed to ..... part of the defendant, or of some one whom he has put in his place to act for him, generally, or in the particular matter, in order to constitute an offence.'22. section 221, as it stands amended by the taxation laws (amendment) act, 1970, has a proviso which restricts the power of the income-tax officer to impose penalty .....
Tag this Judgment!Court : Kerala
Reported in : [1973]91ITR438(Ker)
..... enactments relating to indian income-tax;'. 11. the enactment now in force relating to indian income-tax is the income-tax act, 1961, and after amendment of the definition of agricultural income in that act by taxation laws (amendment) act, 1970 (42 of 1970), the definition is altered so as not to exclude income derived from lands which are not ..... from these lands cannot be 'agricultural income ' as defined in the income-tax act, 1961 (43 of 1961) (prior to its amendment by the taxation laws (amendment) act, 1970 (42 of 1970)), or in the kerala agricultural income-tax act, 1950 (12 of 1950) (prior to its amendment by kerala ordinance, 1971 (no. 11 of 1971)). 3. the petitioner was ..... number of cases. 9. the attack on the vires of the provisions of kerala act 12 of 1971 is three-fold. it is stated that it is not open to parliament which enacted the taxation laws (amendment) act, 1970, or the state legislature which passed kerala act, 12 of 1971, to define ' agricultural income ' in such a way .....
Tag this Judgment!Court : Chennai
Reported in : [1977]110ITR322(Mad)
..... the case, the appellate tribunal was right in holding that the increased rate of interest payable under the provisions of section 214 of the income-tax act, 1961, as amended by the taxation laws (amendment) act of 1967 at 9 per cent. is applicable for the period from april 1, 1967, to september 30, 1967 '4. we are of the ..... to make any rectification. against that order, the assessee preferred an appeal to the appellate assistant commissioner. that officer allowed the appeal and he held that the taxation laws (amendment) act, 1967, simply changed the rate of interest from 6 per cent. to 9 per cent. and never provided that the rate of 6 per cent. should ..... shall come into force on the 1st day of october, 1967. this ordinance was subsequently replaced by the taxation laws (amendment) act, 1967 (central act 27 of 1967). this received the assent of the president on december 15, 1967. section 4 of this act corresponded to section 4 of the ordinance which it replaced. sub-section (2) of section 1 of .....
Tag this Judgment!Court : Chennai
Reported in : [1987]163ITR2(Mad)
..... position to answer both the questions as it is, unless the tribunal considers the scope of the taxation laws (amendment) act, 1970, and also the question as to who provided the consideration for the release. we have, therefore, to return the reference unanswered with a direction to ..... , the share which the assessee could obtain in a partition should be taken to be his interest in the property in view of the amendment which was brought in by the taxation laws (amendment) act, 1970, which came into force on april 1, 1971. 6. it is further submitted by the learned counsel for the revenue that ..... the release should be taken to be in favour of the joint family, the applicability of the taxation laws (amendment) act, 1970, in such an event may not arise. however, since the tribunal has not considered the applicability of the taxation laws (amendment) act, 1970, which is applicable to the relevant assessment year in question, we are not in a .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR1631; (2009)226CTR(Bom)13; [2009]180TAXMAN178(Bom)
..... sought to be argued on behalf of the assessee as that would defeat the very object as set out in the statement of object and reasons to the taxation laws (amendment) act, 1973. in the light of the above, the tribunal was right in taking the view it has taken. the first question is accordingly answered against the ..... and sale of shares shall be deemed to be carrying on speculation business.our attention was invited to circular no. 204. the circular contains the explanatory notes to taxation laws (amendment) act, 1975. para.19.1 deals with the treatment of losses in speculation business. in so far as this paragraph is concerned there is no dispute in respect ..... the court to decide the true effect of the explanation to section 73 and the effect of the circular.4. the explanation to section 73 as introduced by the taxation law (amendment) act, 1973 read as under:explanation.-- where any part of the business of a company (other than an investment company, as defined in clause (ii) of section .....
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