Court : Andhra Pradesh
Reported in : (1988)73CTR(AP)243; [1988]173ITR597(AP)
..... return filed under section 139 for the purpose of section 80, as it then stood. (in this connection, it is necessary to mention that section 80 has been amended by the taxation laws (amendment) act, 1984, with effect from april 1, 1985, and the words 'under section 139' have been substituted by the words 'within the time allowed under sub-section ( ..... . he referred to various circumstances, and, in particular, to the petitioner's own applications and representations, militating against the said plea. so far as the question of law is concerned, the commissioner was of the opinion that inasmuch as 'the return filed by the assessee on april 18, 1981, was no return at all and as ..... the commissioner and hence the refusal to allow the petitioner to carry forward the loss is not sustainable in law. 4. having entertained the revision, the commissioner issued a notice to the petitioner under section 263 of the act to show cause why the order of the income-tax officer, in so far as it allowed the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1978]111ITR212(AP)
..... fresh assessment after remand. the question, therefore, is whether the imposition of penalty is barred by limitation under section 275.7. section 275 was substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. earlier it was not so elaborate as the present provision ; it contained only one provision which is practically the ..... section (2). the non obstante clause occurring in sub-section (2) is very significant. according to it, notwithstanding anything contained in the other provisions of the act, the penalty imposable under sub-section (1) of section 271 shall be the same amount as would be imposable on that firm if that firm were an ..... registered firm or an unregistered firm which has been assessed under clause (b) of section 183, then, notwithstanding anything contained in the other provisions of this act, the penalty imposable under sub-section (1) shall be the same amount as would be imposable on that firm if that firm were an unregistered firm.' so .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)201CTR(All)324; [2006]281ITR6(All)
..... appeal and held as follows:'coming to the merits, the assessee was carrying on medical profession and was obliged to maintain account as per section 44aa of the act. this provision was introduced by taxation laws (amendment) act, 1975 with effect from 1.4.1975. earlier it had been held in certain cases like p. appavi pillai v. c.i.t. : [1965]58itr622(mad) that ..... number of film consumed with total receipt. in our opinion, this cannot be the basis for invoking the provision of section 145(i) of the act.11. section 44aa of the act has been introduced by taxation law amendment act, 1975 w.e.f 1.4.1975, which required person carrying on the medical profession to keep and maintain such books of account and other documents .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC990; (1992)102CTR(SC)170; [1992]194ITR228(SC); JT1992(1)SC526; 1992(1)SCALE249; (1992)2SCC13; [1992]1SCR545
..... . sub-section (2) of section 54 made punishable, the disclosure by a public servant, of any information contained in those documents. the effect of introduction of section 59-b by taxation laws (amendment) act 1960 was that it entitled a person to make an application to the commissioner to obtain information thereafter as to the amount of tax determined, as payable by an assessee ..... , he shall be punishable with imprisonment which may extend to six months, and shall also be liable to fine.6. by section 9 of the taxation laws (amendment) act of 1960, section 59-b was inserted in the 1922 act with effect from april 1, 1960. it provided as under :-59-b disclosure of information regarding tax payable -where a person makes an application to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC973; (1997)2CALLT82(SC); [1997]224ITR418(SC); JT1997(1)SC471; 1997(1)SCALE284; (1997)2SCC567; [1997]1SCR184
..... of the assessment years 1970-71, 1971-72, 1972-73, 1973-74, 1974-75 and 1975-76. when parliament amended the act and incorporated section 18b by taxation laws (amendment) act 1975 i.e. act 41 of 1975, appellants in these cases submitted wealth-tax returns and made a request for full waiver of the penalty ..... as envisaged in the new provision. the commissioner of wealth-tax (the 'commissioner' for short) found that as the appellants have complied with the conditions stipulated in section 18b of the act ..... . as per the sub-section if the wealth-tax officer, appellate assistant commissioner or appellate tribunal in the course of any proceedings under the act is satisfied that any person has, without reasonable cause, failed to furnish the returns which he is required to furnish or has without reasonable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1552; 1980(6)ELT383(SC); (1980)4SCC71; [1980]3SCR1109; [1980]46STC256(SC); 1980()WLN476
..... only if additional excise duty was leviable and the dealer had established, that he had paid such duty. about the same time, the rajasthan taxation laws (amendment) act, 1973 deleted item 18 in the schedule to the rajasthan sales tax act with effect from 5th march, 1973. it is evident, therefore, that a dealer was entitled to exemption from sales tax up to 4th march ..... the conditions mentioned in the schedule are satisfied. item 18, inserted in the schedule by the rajasthan taxation laws (amendment) act, 1964, included 'rayon fabrics' as defined in the additional duties of excise, (goods of special importance) act, 1957. on this, the notification dated 1st july, 1958 was withdrawn as redundant. now when item 18 was inserted in the schedule, no conditions were specified therein .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi689
..... both income-tax and stamp duty. he relies on section 269 (a) and (c) of the taxation law amendment act 1972 and sections 62 and 64(c) of the stamp act. (58) let me first examine this argument of illegality. the taxation law amendment act 1972 was passed with the following object, viz., 'tocounter evasion of tax through under statement of the ..... argument that the purchaser cannot recover because the contract entered into was illegal, hit as it was by the provisions of the stamp act and the income-tax (amendment) act. the principle of the law is that a party who repudiates before anything has been done to perform the illegal purpose can recover back his money, and that ..... (62) in my opinion the argument is untenable. section 269 (a) of the amendment act and section 64(c) of the stamp act do not strike at the transaction. they do not render the transaction illegal. such transactions are not prohibited by law. if a party under-prices the property in a deed of transfer the central government .....
Tag this Judgment!Court : Kerala
Reported in : (1980)14CTR(Ker)154; [1980]122ITR272(Ker)
..... had the use of the money. (we notice that this position has now been changed with the insertion of section 244(1a) into the statute by the taxation laws (amendment) act, 1975, with effect from 1st october, 1975). could the position have been any the different where the appropriation towards tax liability was made by adjustment from or ..... shall be refunded.'11. mark the difference--while the liability of the assessee to pay interest under sub-section (1) of section 215 of the act is subject to subsequent corrections, amendments or results of appeal, revision or reference, if any, the liability of the central government to pay interest under section 214(1) is not ..... act) has been amended from time to time, and they give us an insight into the mind of the legislature on the principle adopted in the matter of payment of interest on advance tax paid in excess. the legislative history pertaining to the advance tax also strengthens our conclusion that the intention of the legislature, as the law .....
Tag this Judgment!Court : Rajasthan
Reported in : [1985]156ITR257(Raj)
..... 1) or sub-section (5) of section 185. however, the provisions of clause (j) of section 246 have since been amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. on account of the aforesaid amendment, the orders passed by the ito refusing to register a firm under sub-section (2) or sub-section (3) of section ..... the scheme relating to registration of firms and the right of appeal in respect thereof contained in the 1922 act, an amendment was made in the provisions of section 185(2) and clause (j) of section 246 by the taxation laws (amendment) act, 1970, by specifying that orders passed under the provisions of sub-section (2) and sub-section (3 ..... in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered : (1) what was the common law before the making of the act; (2) what was the mischief and defect for which the common law did not provide ; (3) what remedy the parliament hath resolved and .....
Tag this Judgment!Court : Mumbai
Reported in : [2000]241ITR6(Bom)
..... this court in favour of the assessee by the above judgment, the legal position has since been changed by the insertion of sub-section (3) of section 80l by the taxation laws (amendment) act, 1984, with retrospective effect from april 1, 1976. sub-section (3) of section 80l reads as follows : '(3) for the removal of doubts, it is hereby ..... deduction under section 80l of the income-tax act in respect of the interest income on fixed deposits with banks included in the assessee's share of profit ..... . 1. by this reference under section 256(1) of theincome-tax act, 1961, the income-tax appellate tribunal has referred thefollowing questions of law to this court for opinion at the instance of therevenue : '1. whether, on the facts and circumstances of the case and in law, the tribunal was right in holding that the assessee was entitled to .....
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