Court : Kolkata
Reported in : [1982]135ITR516(Cal)
..... of which action for imposition of penalty has been initiated, are completed. besides, when the taxation laws (amendment) act, 1970, is to be applied with reference to section 275 of the act, we cannot ignore the provisions of section 274(2) of the act because after april 1, 1971, the income-tax officer can refer the case to the - ..... of section 275 read with section 274(2) of the act.' 8. the tribunal, at the instance of the revenue, has sent the following question to this court under section 256(1) of the act:'whether, having regard to the taxation laws (amendment) act, 1970, the tribunal was right in law in cancelling the levy of penalty imposed under section 271 ..... (1)(c) read with section 274(2) and section 275 of the income-tax act, 1961 ?'9. in our opinion the tribunal has .....
Tag this Judgment!Court : Kolkata
Reported in : [2001]250ITR414(Cal)
..... by the respondent and argued by both the parties without reservation, my first task would be to examine whether the petitioner can get any benefit of the taxation laws (amendment) act, 1984, read with 1987 whereby and whereunder sub-section (2a) in section 220 has been inserted inasmuch as waiver of interest relate to assessment years 1973 ..... in this case. yet it is contended by the learned lawyer for the respondents that, admittedly, the aforesaid section has been inserted by the amendmenl of the taxation laws (amendment) act, 1984, on and from october 1, 1984 and the queslion of waiver of interest involved in the writ petition relates to the assessment years 1973-74 and ..... to him, is analogous to the provisions of section 220(2a) of the income-tax act. in that case, it was decided that the aforesaid amending act of the wealth-tax act has no retrospective operation. he contends that the point of law can be agitated at any stage of the proceedings, particularly when it touches the question of .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT214(HC)
..... the respondent no. 4, commercial tax officer to issue declaration forms and form 'c' to the petitioners immediately, and further, for declaration that the west bengal taxation laws (amendment) act, 1987 particularly section 4(b) (b) (ii) thereof is illegal, and ultra vires to the constitution and for consequential reliefs restraining the respondents from realising ..... on the further ground that so long as section 6b (2) (e) of the bengal finance (sales tax) act, 1941 was in force, that is, prior to enactment of west bengal taxation laws (amendment) act, 1987 providing for relief to the petitioners from payment of turnover tax, the purported demand of turnover tax from the ..... is valid and intra vires, the industries set up prior to the date of said amendment should have been given exemption and should be kept outside the purview of the said west bengal taxation laws (amendment) act, 1987 and on the grounds as stated hereinbefore, the petitioners have prayed for the reliefs indicated above.7. .....
Tag this Judgment!Court : Mumbai
Reported in : (1984)41CTR(Bom)368; [1984]149ITR187(Bom); [1984]17TAXMAN273(Bom)
..... october 1, 1975, holding that the petitioner was liable for the arrears. the contention that was upheld was that there was nothing in s. 179, as amended by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, which made its operation retrospective. the tax sought to be collected pertained to a period much prior to the ..... coming into force of the amendment act. the petitioner could not be saddled with such tax liability under s. 179. the judgment in lotlikar's case : [1984]145itr433(bom) ..... notice to show cause why the arrears of income-tax of the company should not be recovered from the petitioner under s. 179 of the i.t. act, 1961. on april 10, 1979, the petitioner's chartered accountants replied and submitted that the demand which had been raised had been disputed and was pending .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom441; (1953)55BOMLR586; ILR1953Bom212
..... to the huzur adalat of the baroda state, which could hear the appeal. after the merger of the baroda state, the indian parliament passed the taxation laws (extension to merged states and amendment) act, 1949, which provided by section 7(1) :'if, immediately before the 26th day of august, 1949, there was in force in any of ..... adalat was abolished and some tribunal had to be provided for disposing of those matters which were pending before the huzur adalat, and by the taxation laws (extension to merged states and amendment) act of 1949 and the order passed by the central government, the appellate tribunal was constituted to take the place of the huzur adalat which was ..... of appeal was given to them under the baroda law. in march 1949 the state of baroda merged with india, and on 31-12-1949, the taxation laws (extension to merged states and amendment) act, 1949, was passed. under this act, by section 3 of the act, the indian income-tax act of 1922 was brought into operation and extended to all .....
Tag this Judgment!Court : Mumbai
Reported in : (2003)182CTR(Bom)144; [2004]265ITR265(Bom)
..... in the newly introduced expln. 4 to section 271(1) for the purposes of section 271(1)(iii) which was introduced w.e.f. 1st april, 1976, by taxation laws (amendment) act, 1975. the said expression contemplates that where the amount of income in respect of which particulars have been concealed or inaccurate particulars have been furnished exceeds the total income, ..... with asst. yr. 1988-89 when expln. 4 was in the statute. one more aspect needs to be mentioned. by finance bill, 2002, section 271 of the it act has been amended vide clause 97 [see (2002) 254 itr 174]. by clause 97(f) of the finance bill, 2002, it is clarified that in cases where the amount of income ..... the tribunal, the department has come by way of appeal under section 260a of the it act with the following questions of law in respect of asst. yr. 1988-89 : '(1) whether, on the facts and in the circumstances of the case and in law, the honourable tribunal was right in cancelling the levy of penalty under section 271(1)(c .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]260ITR273(KAR); [2003]260ITR273(Karn)
..... sub-section (4) of section 245d on the application made by the association or body. the assessing officer can also amend the order with the inclusion of share. this amendment was brought by the taxation laws (amendment) act, 1984, with effect from october 1, 1984. the provisions of section 153 are for completion of assessments and reassessments under ..... moved the settlement commission, fixing their liability or even the commissioner of income-tax in his report referred to the liability of the partners, since the amendment of section 155(2)(c) was not considered to be procedural or retrospective in its application by the division bench of this court, the settlement commission ..... of section 245d(8) introduced with effect from october 1, 1984, were considered only for the provision of removal of doubt of the existing position of law at the time when the time limit of section 153 is not applicable, with regard to assessments, reassessments and recomputation made in pursuance of any directions .....
Tag this Judgment!Court : Allahabad
Reported in : [1979]116ITR215(All)
..... 1971. an appeal was preferred by the assessee before the tribunal. the tribunal held that as section 274(2) of the i.t. act had been amended, with effect from april 1, 1971, by the taxation laws(amendment) act of 1970, the iac did not have jurisdiction to impose penalty. it is not disputed that at the time when the reference was made by ..... the ito to the iac, it was valid under the law as it then stood. the amending act which has been referred to earlier, amended section 274(2) and in its ..... the orissa high court in cit v. dhadi sahu : [1976]105itr56(orissa) and in the case of radheyshyam agarwalla v. cit : [1978]113itr196(orissa) has held that the amendment act took away the jurisdiction of the iac as from april 1, 1971, in respect of cases where the amount involved was less than rs. 25,000. the gujarat high court .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]163ITR837(All)
..... by the income-tax officer in the years 1974 and 1975. section 274(2) of the income-tax act, 1961, had been amended with effect from april 1, 1971, by the taxation laws (amendment) act of 1970. the effect of this amendment was that the jurisdiction of the inspecting assistant commissioner to impose penalty was taken away with effect from the ..... date of the commencement of the act, namely, april 1, 1971. the case of the assessee was that since the original returns were filed ..... prior to april 1, 1971, the amendment of section 274(2) of the act which was in the nature of a procedural provision had no bearing on the case of the assessee and it is that law which was applicable at the time when the original returns were filed which .....
Tag this Judgment!Court : Allahabad
Reported in : [2002]258ITR415(All)
..... counsel for the appellant-assessee, strongly relies upon thisdecision and commends it for our acceptance. learned counsel points out that even before the enactment of the taxation laws (amendment) act, 1984 (which inserted explanation 2 aforesaid), a majority of the high courts in the country had taken the same view though a few high courts have ..... said explanations could apply retrospectively and if the benefit could be available prior to april 1, 1985. the supreme court in this context held that the taxation laws (amendment) act, which introduced the said explanation, does not say that the said explanation shall have effect retrospectively. however, the question is whether the said explanation is ..... by him on behalf, or for the benefit, of any other person.' explanations 1, 2 and 3 to section 40(b) of the act, were added by the taxation laws (amendment) act, 1984, with effect from april 1, 1985. explanation 2 expressly provides that where an individual is a partner in a firm on behalf of .....
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