Court : Kolkata
Reported in : (1990)84CTR(Cal)191,[1990]183ITR103(Cal)
..... credit, free of interest or at a concessional rate. this aspect has been recognised by the statute itself and to bring such items in the net of taxation, the law was amended by the taxation laws (amendment) act, 1984. by this amendment, as already indicated, a new sub-clause (vi) was inserted in section 17(2) and, similarly, another sub-clause (vi) was inserted in clause (b) of ..... an employee receives loan for certain prescribed purposes either free of interest or at a rate which was lower than the specified rate. however, subsequently, the finance act, 1985, omitted the aforesaid amendments made by the taxation laws (amendment) act, 1984, with effect from the date of its insertion, namely, april 1, 1985, with a view to provide relief to salaried taxpayers. the very fact that .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT222(HC)
..... levy should be rs. 100 or rs. 750 having such a wide margin of differences the provisions of section 4a of the said act as incorporated by west bengal taxation laws (amendment) act, 1987 is arbitrary and unreasonable and violates the articles 14 and 19(1)(g) of the constitution of india. the video shows ..... amusement tax was fixed at rs. 100 per set only. subsequently, by section 9 of the west bengal taxation laws (amendment) act, 1986 (west bengal act i of 1986) following amendments were made in the west bengal entertainment-cum-amusement tax act, 1982 :'(1) section 4 shall be renumbered as sub-section (1) of that section and after sub ..... words 'five hundred' shall be substituted. in year 1987 west bengal entertainment-cum-amusement tax act, 1982 was further amended by section 7 of the west bengal taxation laws (amendment) act, 1987 whereby in section 4a in the west bengal entertainment-cum-amusement tax act, 1982 for sub-section (3) the following sub-section was substituted:'... (3) subject .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
..... ultra vires and violative of article 14 of the constitution of india.2. chapter xix-a was inserted in the act by taxation law amendment act, 1975 with effect from 1st april, 1976. since then, there have been several amendments. some of the relevant provisions with which we are concerned with and need to be considered are, section 245c which ..... of the settlement commission. the settlement commission was established pursuant to the introduction of chapter xix-a in the act and chapter v-a in the wealth-tax act (w.e.f. 1st april 1976 vide the taxation law amendment act, 1975). the said provisions were introduced on the basis of the recommendations in the final report (submitted in ..... direct taxes. they should be persons of known integrity and high sense of justice and fairness.the taxation law amendment act, 1975 inserted a new chapter xix a in the income-tax act and chapter v-a in the wealth-tax act whereby the government constituted a settlement commission w.e.f. 1.4.76 as a statutory body .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC797; [1975]98ITR209(SC); (1975)3SCC765; [1975]2SCR640
..... that state from payment of all taxes for a period of ten years expiring on october 31, 1948. the state of bhopal merged with india on august 1, 1949. the taxation laws (extension to merged states and amendments) act 67 of 1949, which replaced the earlier ordinance 21 of 1949, extended with effect from april 1, 1949, to the merged states, amongst other ..... commissioner appealed to this court. during the pendency of that appeal, the central government in exercise of its power under section 6 of the act 67 of 1949 issued an order called the taxation laws (merged states) (removal of difficulties) amendment order, 1962, adding this explanation to the order of 1949:explanation-for the purpose of this paragraph, the expression all depreciation actually allowed .....
Tag this Judgment!Court : Delhi
Reported in : [2001]252ITR320(Delhi)
..... he was not himself a partner of the firm. the income-tax officer did not accept the plea relying upon section 64(1)(iii) of the act as amended by the taxation laws (amendment) act, 1975, with effect from april 1, 1976. the matter was carried in appeal by the assessed before the appellate assistant commissioner (the 'aac' in ..... . the stand taken by the assessed before the assessing officer and the appellate assistant commissioner was reiterated. additionally, it was pointed out that the amended provision brought in by the taxation laws (amendment) act, 1975, could not have any application because the previous year of the firm ended before april 1, 1976. in any case, interest on ..... on the facts and in the circumstances of the case, the tribunal was legally correct in holding that section 64(1)(iii) of the income-tax act, 1961, as substituted by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, was applicable to the case of the assessed ?2. whether, on the facts and in the .....
Tag this Judgment!Court : Kerala
Reported in : [1978]111ITR36(Ker)
..... out clear : first, that the right of action with respect to an order passed by the appellate tribunal under section 254 of the act was itself granted for the first time only by the taxation laws (amendment) act of 1970 with effect from april 1, 1971. next, the right conferred is only to recompute the chargeable profits determined in any ..... on and from april 2, 1967, and subject them to recomputation under section 14 and the consequential amendment under section 13 of the act. such, we think, was not the result either intended or provided for by the amendment effected by the taxation laws (amendment) act, 1970.4. counsel for the revenue cited to us the decision of the andhra pradesh high ..... 254 (and a few of the other sections which it is unnecessary to notice) was introduced into section 14 by section 73 of the taxation laws (amendment) act, 1970, with effect from april 1, 1971. the question which, therefore, falls for determination in this reference is whether, in respect of an order of .....
Tag this Judgment!Court : Kerala
Reported in : [1980]121ITR254(Ker)
..... penalty and, such being the position, the principle that procedural sections have retrospective operation so as to affect pending proceedings, cannot apply. counsel drew our attention to the various amendments introduced by the taxation laws (amendment) act, 1970, to sub-section (4a) of section 271, sub-section (2) of section 274 and section 275. in particular, it was stressed that, as a result of these ..... imposed by order dated march 31, 1973. section 275 of the i.t. act, 1961, which provided the time-limit within which proceedings for imposition of penalty had to be completed was amended 'by the taxation laws (amendment) act (42 of 1970) with effect from april 1, 1971. the section, after its amendment, permitted penalty proceedings to be completed within two years of the completion of the .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)213TTJ(Cal)484
..... of interest or at a concessional rate. this aspect has been recognised by the statute itself and to bring such items in the net of taxation, the law was amended by the taxation laws (amendment) act, 1984. by this amendment, as already indicated, a new sub-clause (vi) was inserted in section 17(2) and, similarly, another sub-clause (vi) was ..... loan for certain prescribed purposes either free of interest or at a rate which was lower than the specified rate. however, subsequently, the finance act, 1985, omitted the aforesaid amendments made by the taxation laws (amendment) act, 1984, with effect from the date of its insertion, namely, 1st april, 1985, with a view to provide relief to salaried taxpayers ..... the meaning of the expression 'perquisite' the amount treated as perquisite under section 17(2)(vi) which also was introduced by the same taxation laws (amendment) act, 1984. in other words, a loan granted to an employee who is a director or who has a substantial interest in the company .....
Tag this Judgment!Court : Karnataka
Reported in : [1999]239ITR902(KAR); [1999]239ITR902(Karn)
..... petitioners have claimed that by virtue of the amendment by the karnataka taxation laws (amendment) act, 1994, karnataka act no. 18 of 1994, the karnataka agricultural income-tax act, 1957, has been amended and registered partnership firms have been made as assessable units, but the partners who had unabsorbed loss prior to the commencement of the amendment act have not been given the set off. ..... assistance to the petitioner. in the absence of any ambiguity in the plain language of the section, the petitioner cannot be given any benefit. the provisions of the amendment act, 1994, cannot be considered to be unconstitutional.18. i do not see any reason to disagree with the judgment given in w. p. no. 19572 of 1995 ..... no provision was made for setting off of the losses in the hands of the firm though by the amendment act no. 18 of 1994, the firm was made an assessable unit. there is no other provision also underthe act as in the case of j. h. gotla , with the aid of which the benefit of set off .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD268; [1998]233ITR678(AP)
..... rate is a perquisite had been debated and the view of the government itself was that the statutory provisions did not treat it as aperquisite. consequently, taxation laws (amendment) act, 1984, introduced an amendment with effect from 1-4-1985 inserting sub-clause (vi) to include as a perquisite, the amount of interest where the loan is given interest ..... 1 would draw your attention to sub-clause (vi) of clause (2) of section 17 which was inserted by the taxation laws (amendment) act, 1984, w.e.f 1st april, 1985 but was subsequently deleted by the finance act, 1985 w.e.f. the same date. if any assessing officer has actually treated such a differential as a perquisite or ..... back by way of tax what is given as a welfare measure. consequently, even before the amendment could take effect, the finance act, 19,85 withdrew the said amendment. this was explained by the memorandum explaining the provisions of the finance act, 1985 by circular no.421, dated 12-6-1985 (1956 itr 138), hi spite of this .....
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