Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)24ITR305(Delhi)
..... the end of the financial year in which the order sought to be revised was passed.the substituted sub-section shows very important changes made in the law by the taxation laws (amendment) act, in this regard. we have abstracted sub-section (2) earlier and we would compare it with the substituted sub-section reproduced supra. we find that the power of ..... to do so. when we look at the provisions in sub-section (2) of section 263 brought on the statute book w.e.f. 1-10-1984 by the taxation laws (amendment) act, 1984 we do not find anything therein which could be interpreted as giving to the commissioner powers to review, reassessments made prior to 1-10-1984. this is so because ..... the material available on record. this order is made by the cit on 26-7-1985. on 26-7-1985 sub-section (2) of section 263 of the act stood substituted by the taxation laws (amendment) act, 1984, w.e.f.1-10-1984 as under : (2) no order shall be made under sub-section (1) after the expiry of two years from .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)23ITD1(Delhi)
..... to be operative later.i find myself in respectful agreement with the above exposition. i also notice that section 80 itself has been amended with effect from 1-4-1985 by the taxation laws (amendment) act, 1984. previously this section provided for carry forward of loss, which has been determined in pursuance of a return filed under section 139 ..... . the section as amended with effect from 1-4-1985 restricts such a benefit only to ft loss determined in pursuance of a return filed ..... view is possible. the ratio in the case supra, therefore, does not help the assessee as the hon'-ble supreme court was interpreting the law with reference to the old income-tax act and the present provision, we are concerned with, was not declared invalid. the ratio was, therefore, not laid down with reference to a .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(20)ECC25
..... that when notification 141/79-ce was promulgated, its position and status under the exemption notification remained the same. the amendment brought about very important changes in the manner of calculating the total value of clearances and also wrote in a new ..... circumstances, to ensure that they were still entitled to the exemption. it is well for all to remember that in taxation there are no permanent benefits to be permanently enjoyed. they can change and the exemption or benefit seeker must keep ..... the appellants in the present case and the demand for duty beyond a period of six months was valid according to law. the appellants' contention regarding limitation is, therefore, rejected.13. the learned consultant for the appellants raised a point ..... 'value' means the value as determined in accordance with the provisions of section 4 of the central excises and salt act, 1944 (1 of 1944). explanation iv.--for the purposes of computing the aggregate value of clearances under this notification, the .....
Tag this Judgment!Court : Delhi
Reported in : (1987)66CTR(Del)113; [1988]172ITR390(Delhi)
..... matter relating to the admissibility of depreciation allowance on the assets used for scientific research when the income-tax officer had made no disallowance on the basis of the amended provisions of section 35(2)(iv) referred to by the income-tax appellate tribunal ?'3. we find that so far as this point is concerned, the tribunal ..... simply remanded the matter to the income-tax officer for being decided according to law after the decision of the supreme court in a writ petition filedby the assesses challenging the virus of a retrospective amendment to section 35(2)(iv)of the income-tax act, 1961. counsel for the commissioner states that the tribunal's direction to the ..... income-tax officer is only to consider the matter afresh in the light of the supreme court decision and that the tribunal has not expressed any opinion in regard to the point that came up before it as to whether even without the amendment .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)23ITD546(Delhi)
..... the expiry of two years from the end of the financial year in which the order sought to be revised was passed, was brought on the statute book by the taxation laws (amendment) act, 1984 w.e.f. 1-10-1984 for the following :- (b) after the expiry of two years from the date of roder sought to be revised.thus, it is ..... , the date of hearing, the date of order under setion. 263 and the date on which limitation had struck the proceedings before the insertion of section 263(2) by the taxation laws (amendment) act, 1984 w.e.f. 1-10-1984 (given on next page) :- 3. it is apparent from the statistical data (p. 549) that the commissioner issued notice under section 263 ..... the cit issued notice in the case of miss shikha gupta and others after the period provided under section 263(2) before sub-section (2) was substituted by the taxation laws (amendment) act, 1984 w.e.f.1-10-1984. therefore, according to him, the commissioner had no jurisdiction and the orders that he made under section 263 were devoid of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)23ITD115(Delhi)
..... state was a 'person' within the meaning of section 2(31) of the act hence liable to taxation under the act." 2. "that the commissioner of income-tax (appeals) erred in law in holding that the proceedings initiated under section 139(2)/148 of the act were valid in spite of the fact that no notice under these sections was served ..... here. according to his submission, the iraqi government could not be considered to be a 'person' for the purpose of assessment under the income-tax act and its income was immune from taxation in any foreign country including india. secondly, it was submitted that notices under section 148 or 139(2) had not been validly served, thus ..... and not executable. in the above case it was observed by the delhi high court that the transformed principles of international law after the enactment of the code have no application in india unless the legislature amends the statutory provision. a reference was also made to the decision of the court of appeal in the case of baccus .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)23ITD15(Delhi)
..... by which an assessment made for the first time under section 147 is regarded as a regular assessment, was substituted only with effect from 1-4-85 by the taxation laws (amendment) act, 1984 and not retrospectively. we are, therefore, of the view that on the facts of the present case the interest under section 139(8) or 217 could not ..... .14. before us the learned counsel for the assessee referred to the decisions of the various high courts on this point namely he pointed out that the amendment made by the taxation laws (amendment) act, 1984 whereby an assessment made for the first time under section 147 shall be regarded as a regular assessment, is only prospective w.e.f. 1- ..... setting, there is no alternative but to set aside the matter to the learned cit (a) in regard to this cash credit for deciding it afresh in accordance with law after giving an opportunity of hearing to both the sides. it is, therefore, not necessary for us to consider this issue any further. we hold accordingly.13. the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1987)22ITD561(Delhi)
..... contested the very proceedings under section 263 on various counts. vide objection no. 3 it was in terms stated that under section 263 of the act as it existed prior to its amendment by the taxation laws (amendment) act, 1984 w.e.f.1-10-1984, no order made under section 148/147 could be revised by the commissioner under section 263, in view ..... act and paragraphs 8 and 9 of the reply submitted on 24th march, 1986 before the commissioner, i like to bring in focus as follows :- 8. when the matter came up before the iac (asst.) in the proceedings under section 148, i explained to the iac(asst.) that the jewellery was given to my wife by her in-laws ..... 1984 could be termed as re-assessment and therefore, within the ambit of review proceedings under section 263, the cit could at best pass order himself even after the amendment by 31-3-1986, but direction of enquiries for making re-assessment was certainly beyond the scope of section 263 considering the safeguards of limitations of the section.13. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1987)(13)ECC1
..... of utensils, they were nevertheless chargeable to duty. the position had been placed beyond doubt with the amendment of rules 9 and 49 of the central excise rules, made retrospective through the finance act of 1982. this was a case of multi-point taxation of raw materials, components etc., which was quite legal.17. shri jain also placed reliance on the ..... form and. shape, remains in the item or heading in which it was first charged to duty, it is not lawful to impose on it the same duty over again. this is repeat taxation and is not permissible under the law at present. 7. however, if the change in form or shape in' the product impels it into a different heading ..... and distinct from and in addition to the unprocessed cotton fabric. the result was that the court saw processed cotton fabrics as a manufacture in terms of the law because the law required such processes to be regarded as a manufacture to be levied with a separate and distinct duty of its own, under its own separate head. there was .....
Tag this Judgment!Court : Delhi
Reported in : (1987)63CTR(Del)207; [1987]167ITR177(Delhi)
..... in respect of the ex parte assessment order dated march 20, 1986, passed by the income-tax officer, madras, against him. 5. section 127 of the income-tax act, 1961, as amended by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, confers on the board power to transfer cases and the relevant portion thereof is reproduced below : '127. (1) the commissioner may ..... is not relevant for a decision of the question. we are clearly of opinion that the requirement of recording reasons under section 127(1) is a mandatory direction under the law and no ncommunication thereof is not saved by showing that the reasons exist in the file although not communicated to the assessed.' 9. no other authority of the supreme court .....
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