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 : (1983)4ITD545(Kol.)
..... determination of tax was not served on the assessee though it was made on 30-3-1978 within the period of limitation. section 292b was introduced by the taxation laws (amendment) act, 1975 with effect from 1-10-1975 and the purpose of the section was that the assessment shall not be invalid merely by reason of any mistake, defect ..... court if no contrary decision is available. the hon'ble high court has observed-- . . . an authority like an income-tax appellate tribunal, acting anywhere in the country, has to respect the law laid down by the high court, though of a different state, so long as there is no contrary decision of any other high court on that ..... . the order was set aside with a specific direction by the tribunal that the assessment in the case of the assessee be framed afresh in accordance with law. therefore, if the law does not permit the refraining of the assessment, even if the objection raised by the department is presumed to be correct, the assessment cannot be framed. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)8ITD537(Kol.)
..... for making a false verification in the return filed under section 14 [section 36(2)]. section 36, however, stood deleted with effect from 1-10-1975 by the taxation laws (amendment) act, 1975, and in its place new provisions were brought in with erfect from 1-10-1975 as per sections 35a to 35n of the ..... return of net wealth; for, in such a case, reopening of the assessment is necessary for making use of the information contained in the declaration as the 1976 act makes no amendment to the procedure of assessment or reassessment. rule 5(2), therefore, does not require filing of a return of net wealth in such cases. it requires filing ..... of such declared incomes and wealth. the immunity granted by the 1976 act is, may it be noted, not from taxation and payment of tax but from penalties and prosecutions under the 1961 act and the 1957 act and confiscations, prosecutions and penalties under the customs act and the gold (control) act. the payment of tax is, in fact, condition precedent to earning .....
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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)10ITD887(Kol.)
..... of the business' is made, then it should mean the gross figure and not the net figure included for the purpose of taxation. i am aware of the amendment to the law by the introduction of section 80ab in the act, but the said section came into force only with effect from 1-4-1981. i am now concerned with an assessment ..... on the gross assets of the unit without deducting any liability therefrom. i have heard both the parties in the matter. i find that the validity of the recent retrospective amendment to section 80j is now under the consideration of the supreme court. hence, i vacate the orders of the commissioner (appeals) as well as the ito on this point ..... the manufacture and sale of silk fabrics.2. the first ground in this appeal relates to the computation of the relief under section 80hh of the income-tax act, 1961 ('the act'), due to the assessee. the assessee manufactures silk in a backward area qualifying for relief under section 80hh. the place of manufacture is organised as a branch .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD410(Kol.)
..... to the provision incorporated in sub-clause (a) of clause (iii) of the proviso to sub-section (1) of section 139, as it stood before it was amended by the taxation laws (amendment) act, 1970. according to him, the provision of section 139(8) was clearly mandatory and there was no scope for any discretion on the part of the ito. he ..... time. he also expressed the view that the income-tax authorities and the tribunal have no jurisdiction on the legality or the constitutionality of the provisions of the act. he referred to the case laws as reported in k.s.venkataraman & co. (p.) ltd. v. state of madras(sc), beharilal shyamsunder v. sales tax officer(sc) and c.t ..... with rectification matters, should not look only at the decisions of the particular high court under whose advisory jurisdiction it acts in order to find out whether that high court has taken different views on the question of law before it. they must consider the decisions of all the high courts and if there is a divergence of judicial .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD499(Kol.)
..... question were exempt under section 5(1)(xii) of the act.however, subsequently on 29-7-1979 the assessee filed a 'revised and amended return' disclosing the total value of the gifts at nil. the gto rejected the assessee's contention and subjected the entire gifts to taxation.3. the material facts of the case are that at ..... by way of sale, mortgage or gift, will stand. in support of this view, the learned departmental representative drew strength from article 257 of mulla's hindu law and the decision of the supreme court in guramma bhratar chanbasappa deshmukh v. mallappa chanbasappa air 1964 sc 510.14. the learned departmental representative next submitted that the ..... , the learned departmental representative contended that the daughters have no such right and in this connection reference was made to article 304 in mulla's principles of hindu law, fifteenth edn., and reliance was placed on a decision of the madras high court in karuppana gounder v. chinna nachammal air 1974 mad. 329. it was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)13ITD896(Kol.)
..... tax.7. further, whatever fear the assessee has that he would be required to pay tax at the enhanced rate without setting deduction has been taken away by the taxation laws (amendment) act, 1984 by making a provision that actual amount of tax paid irrespective of the period to which it pertains would be an allowable deduction in the year of actual ..... 23(1) was justified only in the year in which the levy was made. it is also contended by him that in view of amendment of the first proviso to section 23 by the taxation laws (amendment) act, 1984, with effect from 1-4-1985, the assessee would get a chance to claim deduction of the taxes in the year in which ..... they would be actually paid.5. in order to resolve the issue, it is necessary to refer relevant provisions of the calcutta municipal act, 1951. section 172 of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1985)14ITD399(Kol.)
..... the assessment would become time barred. the commissioner (appeals) disposed of the matter as under : both these sections (144a and 144b) were inserted by the taxation laws (amendment) act, 1975 with effect from 1-1-1976 on the recommendation of the wanchoo committee. section 144a and section 144b have been enacted for providing pre-assessment guidance ..... company resolved for members' voluntary winding up and two liquidators were appointed accordingly. it is stated that a notice under section 178 of the income-tax act, 1961 ('the act') was given to the ito who, however, did not respond. in the course of beneficial winding up of the affairs of the company, the ..... invoking the provision of section 144b, the finalisation of assessment order would have violated the procedure prescribed in law.after receiving the above instructions, the ito made the assessment under section 143(3)/144b of the act on 18-9-1982.4. the assessee appealed to the commissioner (appeals) and contended that the assessment .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1986)15ITD287(Kol.)
..... the penalty on the ground that section 140a(3) is unworkable. the issue that arises in this appeal is as to whether section 140a(3) as introduced by the taxation laws (amendment) act, 1975, with effect from 1-4-1976 is workable or is a case of casus omissus.7. before we consider the basic question raised in this appeal, we feel ..... there was no provision in the statute to meet the second contingency. it was to avoid this mischief that section 140a was enacted on 1-4-1964 and was later amended with effect from 1-4-1976. thus, it is clear that the legislature intended to prevent the second mischief stated above. in other words, section 140a takes over when ..... commissioner (appeals). since he has not considered the appeal of the assessee on merits, we restore the appeal to his file for deciding the same afresh in accordance with law and our observations made above after giving a reasonable opportunity of being heard both to the assessee as well as the ito.9. coming to the cross-objection filed .....
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