Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)1ITD370(Delhi)
..... ramjidas (supra), gursahai saigal v. cit [1963] 48 itr 1 (sc) and india united mills ltd. v. cept (supra). section 144b was introduced by the taxation laws (amendment) act, 1975, with effect from 1-4-1976. it lays down a new procedure, to be followed in those cases where the ito in making the assessment under section ..... 99 itr (st.) 19 and culminating in the taxation laws (amendment) bill, 1973, as reported by the select committee appearing at pages 46 to 126 thereof. the original scheme, as proposed in the bill, was that deputy commissioners ..... department, the learned counsel, shri t.r.ramachandran, referred to the legislative history of section 144b, starting with the recommendations of the wanchoo committee, clause 45 of the taxation laws (amendment) bill, 1973, the notes and comments on the clauses appearing in [1973] 89 itr (st.) 33, the select committee report on the said bill in [1975] .....
Tag this Judgment!Court : Delhi
Reported in : (1983)36CTR(Del)355; ILR1983Delhi708; [1983]143ITR551(Delhi)
..... or spsnt in the proceedings to get the appointment of mr. yagraj as sole arbitrator set aside. i have also looked at.the provisions of the amendment made in 1939 in the electricity act section 7 about interest, though this provision has since then been repealed. rs. 3,17,691 has already been paid by the state to the company ..... , a property owner, having to keep any accounts. this may explain why no accounts were kept but, with respect, the decision docs not consider the impact of section 5 (taxation on accrual or receipt basis) in the absence of a system of accounting binding on the assessed and the officer. 4. govindarajulu chetty v. cit : [1973]87itr22(mad) ..... interest in i he assessment year in question.(11) the assessed has, thereforee, obtained a reference to this court by the lneome-tax appellate 'tribunal. the questions of law referred for our'dfecision read as follows! 1. whether on the facts and in the circumstances of the case the conclusion of the tribunal that the right to receive .....
Tag this Judgment!Court : Delhi
Reported in : [1983]144ITR275(Delhi)
..... -matter of the charge is the income of the previous year relevant to the assessment year, the law applicable to an assessment is the law that is in force in that particular assessment year, unless otherwise stated or implies. the i. t. act, as amended on the 1st april of a financial year, is to apply to the assessment for that year ..... by the assessed in organizing football tournaments was an allowable deduction under section 37 of the income-tax act, 1961? (v) whether the tribunal was right in law in holding that the provision of section 40(c)(iii) as it stood amended by the finance act, 1964, were applicable in the instant case and the sum of rs. 64,678 disallowed by the ..... income-tax officer on the basis of provision of section 40(c) (iii), as inserted by the fiance act, 1963 was not .....
Tag this Judgment!Court : Delhi
Reported in : (1982)30CTR(Del)343; ILR1982Delhi195; [1983]144ITR547(Delhi)
..... 274.18. section 274, confers power on the ito or the aac to impose a penalty. but this is subject to s. 274.19. section 274, before its amendment by the taxation laws (amendment) act, 1970, read :'274. procedure-(1) no order imposing a patently under this chapter shall be made unless that assessed has been hears, or has been given a reasonable ..... point urged before the tribunal was that the iac has no jurisdiction to impose penalties in these cases in view of the amendment to s. 274(2) of the act by the amending act 42 of 1970. by the said amendment, which came into force on 1st april 1971, the matter has to be referred by the iyto to the iac only ..... the fiance act, 1968. having regard to the minimum penalty livable the matter was referred to the iac, who levied the patently livable the matter was referred to the iac, who levied the patently to of a sum equal to the income concealed. the assessed appealed and argued that the amended provision could not be invoked and the operative law was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)2ITD39(Delhi)
..... time prescribed under sub-section (1) or sub-section (2) of section 139 should suffer merely because the declaration was not filed physically along with it. the taxation laws (amendment) act, 1970 which came into force on 1st april, 1971 has repealed and re-enacted section 184(7) and now the requirement that the declaration should accompany the return ..... his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant.this is a new provision of law which was introduced by the finance act, 1975, with effect from 1-4-1976. all assessees, other than a company or a co-operative society, who derived income, profits and ..... allowed by the ito to the assessee under section 80j of the act was erroneous and prejudicial to the interests of revenue and, therefore, setting aside the assessment for the assessment year 1977-78 and directing the ito to recompute the income as per law.2. the appellant is a partnership firm carrying on business in running .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)2ITD244(Delhi)
..... to read as ones under section 139(1) read with section 139(8) as the said provisions stood in each of the years under consideration, prior to their amendments by the taxation laws (amendment) act, 1970 with effect from 1-4-1971. this view of ourselves finds support from the ratio of the decision of the supreme court in the case of l. ..... this section.[it may be added that in clause (hi) of the proviso to section 139(1), 'nine per cent,' had been substituted for 'six per cent' by the taxation laws (amendment) act, 1967 with effect from 1-10-1976.] we would, therefore, treat the aforesaid impugned orders of the ito under section 154, in the matter of charging of interest under ..... will not be available to the ito for charging that interest because section 139(8) which is sought to be made use of by the ito was substituted by the taxation laws (amendment) act, 1970 w.e.f. 1-4-1972. the present case is a case of wrong labelling. the interest charged by the ito is that one under section 139(1 .....
Tag this Judgment!Court : Delhi
Reported in : [1982]138ITR27(Delhi)
..... the penalty of rs. 3,521 levied u/s. 273 of the income-tax act, 1961 ? 2. is not the tribunal's order vitiated in view of the amendment to section 275 brought by act 42 of 1970 with effect from 1-4-1971?'(2) the questions referred to ..... in our opinion, incompetent and beyond the jurisdiction of the income-tax officer and have to be ignored. that being so under the law as it then stood the penalty proceedings initiated on 28-2-1969 should have culminated in a penalty order on or before 27th february, ..... the assessment, the authority authorised to impose penalty or the period of limitation have to be judged only on the provisions of the law as they stood in 1965. looked at from this point of view the penalty order passed on 2-8-1972 was clearly out ..... original assessment on 28-2-1969 but also at the time of completion of the re-assessment on 28th april, 1970. on the law as it then stood the penalty proceedings initiated on 28-4-1970 had to be completed within two years from the re-assessment, .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT182; 1982RLR247
..... tax amount claimed by a corporation was struck down by the gujarat high court as being vocative of article 14 of the constitution in 1969. in 1970 an amending act was passed which inter alias amended the said section by adding a new proviso to clause (e) of subsection 2 of section 406. it reads as follows : 'provided that where in ..... the order of the court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final : provided that it shall be lawful for the court, upon application or on its own motion, to review any order passed by it in appeal within three months from the ..... he prefers an appeal. the amount in dispute is the increase. (11) if the literal interpretation of the section leads to the result not intended by the scheme of taxation we will have to look to the other sections which would help to restore the true meaning to the section. section 457 read with order 41 rule 5, civil procedure code .....
Tag this Judgment!Court : Delhi
Reported in : [1984]149ITR143(Delhi)
..... holding that the default was attributable to the return filed in the original assessment proceedings when the concealment was in the revised return. the wrongful act took place on december 21, 1969, when the amended law had come into force. thus, the principle deduced is the same as was laid down by the supreme court. the difference between the madhya ..... original returns were filed and the relevant law would be the law in force at that time. service of notice under s. 148 of the act was immaterial. thereforee, if at the time when the original returns was filed the law in force was not as was amended, that law alone would be relevant and not the law in force when either s. 148 ..... pradesh case and the supreme court decision was that in the former notice under s. 148 of the act had been issued and the return filed .....
Tag this Judgment!Court : Delhi
Reported in : (1982)29CTR(Del)230; [1983]141ITR595(Delhi)
..... submitted that it was clearly not the intention of the legislature to grant relief when the dividend income resulted in a loss and this was apparent from the subsequent amendment of the act set out in s. 80k 11. the assessed's contention, however, was that with regard to the dividend income on which he was entitled to the rebate ..... cit v. industrial investment trust co. ltd. : [1968]67itr436(bom) . accordingly, it confirmed the order of the aac and dismissed the department's appeal. 13. the question of law as set out above is now before us for consideration. in order to appreciate the arguments, it is necessary to examine the relevant provision. 14. section 85, as it stood ..... additional commissioner of income-tax new delhi the question of law referred for our opinion under s. 256(1) of the i.t. act, 1961, is as follows : 'whether, on the facts and in the circumstances of the case, the assessed was entitled to relief under section 85 of the act as it stood at the relevant time in respect of .....
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