Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1984)7ITD168(Ahd.)
..... rs. 90,000 as against the tax of rs. 21,920 only demanded of him by the ito under section 210 of the act and (2) if the provisions of section 64 of the act, as amended by the taxation laws (amendment) act, 1975 with effect from 1-4-1976, are ignored, the advance tax paid by the assessee would be, according to the assessee, ..... mentioned in the order of the commissioner (appeals). it is also the contention of the learned counsel for the assessee that, if the provisions of section 64, as amended by the taxation laws (amendment) act, 1975 were ignored, the tax pajd by the assessee was enough to meet the requirement of payment of advance tax. the ..... cause for not filing the estimate. even the second limb of the assessee's argument does not bear scrutiny.12. the taxation laws (amendment) act, 1975 received the president's assent on 7-8-1975 and it made various sections of the said act applicable from different dates. the provisions pertaining to section 64, as contained in section 13 of the said .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]224ITR294(MP)
..... penalty, when explanation to section 271(1)(c) as it stood prior to its amendment by the taxation laws (amendment) act, 1975, did not provide for such exclusion ? (iii) whether, on the basis of law as it stood prior to its amendment by the taxation laws (amendment) act, 1975, the quantum of penalty imposable under section 271(1)(c) read with the ..... circumstances of the case, the tribunal having held that the explanation to section 271(1)(c) as it stood prior to its amendment by the taxation laws (amendment) act, 1975, is applicable is justified in law in holding that penalty under section 271(1)(c) is leviable only with reference to the concealment actually detected ? (ii) whether ..... on the sum of rs. 75,000which was disclosed as income by the assessee voluntarily in his return.there was also no penalty prescribed under law for not disclosing thealleged source of income. the contentions of the revenue that the penaltyshould have been imposed by the appellate tribunal was rightly rejected. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC86; (2004)1CompLJ21(SC); 2004CriLJ1221; (2003)184CTR(SC)193; 2003(157)ELT369(SC); [2003]263ITR550(SC); JT2003(Suppl2)SC99; 2003(7)SCALE530; (2003)11SCC405; [2003]4
..... the legislature, for that would amount re-writing the provisions of the statute.25. prior to the substitution of section 276c, 277 and 278 by the taxation laws (amendment) act, 1975 with effect from 1.10.1975 in the present form, there was no minimum sentence of imprisonment provided for. the intention of the legislature ..... courts from deviating from the minimum mandatory punishment prescribed by the statute. it in spite of the amendment, the situation is seen as before, then i fail to see the purpose of the amendments made by the taxation laws (amendment) act, 1975.28. i am of the view that the court should be slow in interpreting a ..... an offender to fine only. these recommendations have not been acted upon, though several other recommendations made by the 47th report of the law commission have been accepted and implemented by parliament vide the taxation laws (amendment) act, 1975. hence, the state of law as noticed by the law commission continues.21. a number of judgments of high courts .....
Tag this Judgment!Court : Delhi
Reported in : (2001)165CTR(Del)582; [2000]246ITR557(Delhi)
..... and imposed a penalty of rs. 72,960. the order of the inspecting assistant commissioner was passed on march 14, 1978. at this juncture, we may note that by the taxation laws (amendment) act, 1975, sub-section (2) of section 274 was deleted from april 1, 1976.3. section 274 as it stood as on april 1, 1971, and after the deletion of sub ..... 's case : [1993]199itr610(sc) and varkey chacko's case : [1993]203itr885(sc) , the apex court considered the effect of amendment introduced by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. the position from that date has been indicated supra. before amendment it read as follows :'notwithstanding anything contained in clause (iii) of sub-section (1) of section 271, if in a .....
Tag this Judgment!Court : Kerala
Reported in : [1987]168ITR793(Ker)
..... of the inspecting assistant commissioner to impose penalty after section 274(2) was omitted with effect from april 1, 1976, as per section 65 of the taxation laws (amendment) act, 1975. the tribunal, by its order dated march 1, 1980, has set aside the order imposing penalty on the ground that the inspecting assistant commissioner ..... shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'sub-section (2) of section 274 was substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, and the sub-section, after its substitution, reads:'(2) notwithstanding anything contained in clause (iii) of sub-section ..... clauses (a), (b) or (c) during the course of the assessment proceedings. section 274(2) as it stood prior to its deletion by the taxation laws (amendment) act, 1975, had conferred the powers of the income-tax officer on the inspecting assistant commissioner and the income-tax officer was required to refer the case to .....
Tag this Judgment!Court : Rajasthan
Reported in : [1992]194ITR371(Raj)
..... , as he thought fit. section 274 was further amended by the taxation laws (amendment) act, 1975, which came into force with effect from april 1, 1976. but, as we are not concerned in the present case with the same, we ..... it was open to the inspecting assistant commissioner to impose penalty by invoking the explanation (inserted in 1964). this scheme of sections 271 and 274 was amended by the taxation laws (amendment) act, 1970, as a result of which, the inspecting assistant commissioner ceased to have power to pass any order and the income-tax officer could impose penalty ..... april 1, 1971, could be disposed of by the inspecting assistant commissioner in spite of the change in the provisions of section 274(2) of the act by the taxation laws (amendment) act, 1970, with effect from april 1, 1971.7. in view of the aforesaid submissions, we find that in so far as question no. 2 is .....
Tag this Judgment!Court : Chennai
Reported in : [2000]241ITR361(Mad)
..... the legal representative there was no representation on behalf of the second respondent. 4. a similar question whether the iac would have jurisdiction even after the amendment of the taxation laws (amendment) act, 1975, was the subject-matter for consideration before the supreme court in the case of cit vs . sharadamma : [1996]219itr671(sc) and ..... . 29th august, 1979, imposed the penalty under s. 27(1)(c) of the act. in the meantime, the taxation laws (amendment) act, 1975 came into effect from 1st april, 1976, and according to the assessee after the enactment of the taxation laws (amendment) act, 1975, the iac alone has no jurisdiction to levy the penalty. the tribunal also accepted ..... holding that the iac had no jurisdiction to levy the penalty under s. 271(1)(c) of the act in view of the intervening amendment made by the taxation laws (amendment) act, 1975. accordingly, we answer the question of law referred to us in the negative and in favour of the revenue. 6. however, when the tribunal .....
Tag this Judgment!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 : Delhi
Reported in : 2000VAD(Delhi)512; (2000)162CTR(Del)86; 86(2000)DLT585; [2000]245ITR233(Delhi)
..... the additions sustained by the tribunal amounting to rs. 55,011 in the appeal relating to quantum in assessment. at this juncture we may note that by taxation laws (amendment) act, 1975, sub-section (2) of section 274 was deleted with effect from 1st april, 1976. section 274, as it stood as on 1st april, ..... 55,000/- imposed by the inspecting assistant commissioner by his order dated 31.3.1979, as without jurisdiction and invalid in law, after the deletion of section 274(2) of the income-tax act by taxation laws (amendment) act, 1975 with effect from 1-4-1976 ?'2. the factual position, which is almost undisputed, so far as relevant ..... relevant. in both dhadi sahu and varkey chacko's cases (supra) apex court considered the effect of amendment introduced by taxation laws (amendment) act, 1970 with effect from 1st april, 1971. the position from that date has been indicated supra. before amendment is read as follows: 'notwithstanding anything contained in clause (iii) of sub-sec corporation (1) of .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR699; 2008(4)MhLj803
..... question referred to us, therefore, is:on the facts and in the circumstances of the case, and on a true interpretation of section 274, as amended by the taxation laws (amendment) act of 1970, the inspecting assistant commissioner to whom the case had been referred prior to 1971 had no jurisdiction to impose penalty.11. it was argued ..... supp (1) scc 257. in that case the question pertained to provisions of section 274(2) of the income tax act as amended by taxation laws (amendment) act, 1970 w.e.f. 1st april, 1971. the amended section provided that if the amount of concealed income exceeds a sum of rs. 25,000/- the income tax officer shall refer ..... the appellate tribunal stated the case to the orissa high court, referring the following question of law:whether, on the facts and circumstances of the case, and on the true interpretation of section 274, as amended by the taxation laws (amendment) act, 1970, the inspecting assistant commissioner to whom the case was referred prior to april 1, 1971 .....
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