Court : Punjab and Haryana
Reported in : (1997)140CTR(P& H)212; [1997]227ITR873(P& H)
..... forceful contention of mr. b.s. gupta, learned senior advocate, appearing on behalf of the petitioner, is that sub-section (2) of section 263 was amended by the taxation laws (amendment) act, 1984, and the time-limit for passing orders under section 263 was laid down with effect from october 1, 1984, as two years from the end of ..... completed on june 27, 1984, and according to the provisions of section 263 (as it stood before the substitution of sub-section (2) ibid by the taxation laws (amendment) act, 1984, with effect from october 1, 1984), the commissioner of income-tax had powers to revise the assessment under section 263 on or before june 27, 1986 ..... 1985] 151 itr 46, it has not been clarified as to whether the amendment is retrospective in nature. the clarification relied upon reads thus :'as a consequence of the amendment of section 263 of the income-tax act, 1961, by section 47 of the taxation laws (amendment) act, 1984, the limitation for passing an order under section 263 will, in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1986)51CTR(P& H)219; [1987]164ITR779(P& H)
..... from the date of the completion of the assessment proceedings. the assessing authority overruled this contention as well being of the view that the provisions of section 275, as amended by the taxation laws (amendment) act,1970, with effect from april 1, 1971, were applicable and only six months having elapsed since the order was passed by the tribunal in the appeal filed by the ..... provides otherwise. it was further held (at p. 520):' section 275 of the income-tax act, 1961, which provides the time-limit within which proceedings for imposition of penalty had to be completed, was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, and after its amendment the penalty proceedings could be completed within two years of the completion of the financial .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)138; [1980]121ITR405(P& H)
..... the time of institution of the penalty proceedings, the iac had the jurisdiction to impose penalty. later, by virtue of the taxation laws (amendment) act, 1970 (act 42 of 1970) (hereinafter referred to as the 'amendment act'), which came into force on april 1, 1971, the jurisdiction to levy penalty was conferred on the ito. he submits ..... legally pass an order on march 29, 1972. it was also argued on behalf of the assessee that on account of the amendment of sections 274(2) and 275 by the taxation laws (amendment) act, 1970, which came into force from april 1, 1971, the iac could assume jurisdiction if the minimum penalty imposable exceeded rs ..... matter relating to procedure. he further submits that it is well settled that the procedural laws have retrospective effect and, therefore, the amendment act would have a restrospective effect. according to him, the iac, after enforcement of the amendment act, was deprived of the jurisdiction to decide the question of penalty against the assessee. he .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1982]136ITR92(P& H)
..... on the facts and in the circumstances of the case, the tribunal is correct in holding that the provisions of section 184(7) as amended by the taxation laws amendment act, 1970, were not applicable in this case?'.2. the learned counsel for the revenue has challenged the correctness of the view of the ..... tribunal on the ground that the amendment being of a procedural nature would have retrospective effect. the argument is wholly misconceived because the amendment was expressly made applicable ..... with effect, from april 1, 1971. that apart, the assessee could not visualize, before the enforcement of the amendment act, that he was required to submit the form, for obtaining a continuation of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)18CTR(P& H)93; [1981]127ITR517(P& H)
..... the assessment proceedings in which the notice for penalty was issued. but before the date when the penalty was imposed, the clause had been amended by the taxation laws (amendment) act, 1970, and the period of two years under the amended clause was to expireat the end of the financial year in which the assessment proceedings were concluded. the tribunal rightly took the view that for ..... : [1978]114itr707(kar) . in all these cases, it was held that section 275 of the act which provides the time limit within which proceedings for imposition of penalty had to be completed, was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, and after its amendment the penalty proceedings could be completed within two years of the completion of the financial year .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1989]177ITR236(P& H)
..... february 25, 1978, he had no jurisdiction in view of the deletion of sub-section (2) of section 274 with effect from april 1, 1976, by the taxation laws (amendment) act, 1975. it was held that the income-tax officer had no option but to refer the case to the inspecting assistant commissioner the moment he had completed the ..... j.1. the matter here pertains to the imposition of penalty under section 271(1)(c) of the income-tax act, 1961 (hereinafter referred to as 'the act'), after the deletion of section 274(2) of the act by the taxation laws (amendment) act, 1975, with effect from april 1, 1976.2. the facts, in so far as they are relevant here, ..... inspecting assistant commissioner had been divested of his jurisdiction to levy the penalty after april 1, 1976, by the passing of the taxation laws (amendment) act, 1975.3. it is in this context that the following questions of law have been referred to this court for its opinion :'1. whether, on the facts and in the circumstances of the case .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1987]168ITR101(P& H)
..... section 274(2) on december 23, 1976, was without jurisdiction in view of the fact that sub-section (2) of section 274 had been omitted by section 65 of the taxation laws (amendment) act, 1975, with effect from april 1, 1976?'2. mr. ashok bhan, appearing for the petitioner, has canvassed that the order dated december 13, 1979, of the tribunal holding that ..... the date he passed the order imposing penalty, i.e., february 25, 1978, because as a result of the taxation laws (amendment) act, 1975 (hereinafter referred to as 'the amending act'), which took effect from april 1, 1976, the income-tax officer alone was competent to deal with the question of imposition of penalty and the jurisdiction of the inspecting ..... abolished as a result of the deletion of sub-section (2) of section 274 with effect from april 1, 1976, as a result of the amending act, ran counter to the division bench decisions of this court in cit v. raman industries cit v. sadhu ram cit v. mela ram jagdish raj & co. and telu ram .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2003]264ITR597(P& H)
..... the expression 'regular assessment'. this it is contended to be so in view of the introduction of section (1a) to section 244 of the act with effect from october 1, 1975, by the taxation laws (amendment) act, 1975.as against this, shri r. p. sawhney, learned senior advocate appearing with shri n.g. sharma, advocate for the revenue, ..... in the instant case the assessment orders were passed after march 31, 1975, and sub-section (1a) to section 244 was inserted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975. in support of his contention learned counsel for the petitioner-corporation relies upon the judgment in the case ..... facilitating the marketing of agricultural commodities. it is claimed that in terms of section 10(29) of the income-tax act, 1961 (hereinafter referred as 'the act'), in the case of an authority constituted under any law for the marketing of commodities, any income derived from the letting of godowns or warehouses, for storage, processing or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2001)167CTR(P& H)509; [2001]248ITR493(P& H)
..... objection of the petitioner regarding collection of information and reference to the valuation cell is baseless in view of sub-section (1a) ofsection 151 of the income-tax act inserted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975. for the sake of convenience, sub-section (1a) is reproduced below :'if the director general or director or ..... the course of action taken in the case of the firm to bring to tax the unexplained investment being deemed income, cannot be said to be bad in law more particularly when the correct facts were brought to the notice of respondent no. 1 by one of the partners of the petitioner-firm, namely, shri b.d ..... r.l. aggarwal, valuation officer of the department, to inspect the properties of dr. b.d. grover and to make investigation under section 131(1)(d) of the act. the valuation officer issued notice dated july 28, 1995 (annexure p-16) to grover hospital and maternity nursing home, dabwali road, sirsa, to furnish various documents and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H1
..... to offences and prosecutions. as a matter of legislative history, it may be noticed that section 276cc was substituted for the earlier section 276c by the taxation laws (amendment) act, 1975 with effect from 1-10-1975. its stringent provisions deserve notice in extenso:'failure to furnish returns of income. if a person wilfully fails to ..... made on behalf of the respondent-assessee. however, in view of the fact that sub-section (4a) and sub-section (4b) have been omitted by the taxation laws (amendment) act, 1975 with effect from 1-10-1975, it is now wholly unnecessary to advert thereto.25a. even from the aforesaid bird's eye view of the statutory ..... focussed specifically on s. 271(1)(a) in particular terms, the core of the matter is whether contumacious conduct, dishonest intention, deliberate defiance of law or acting in conscious disregard of the statutory obligation with regard to the furnishing of income-tax returns, are jointly or severally the necessary mental pre-requisites before .....
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