Court : Andhra Pradesh
Reported in : [1998]229ITR697(AP)
..... the property to the extent such taxes are borne by the owner, have to be deducted in determining the annual value of the property. that proviso was substituted by the taxation laws (amendment) act, 1984, with effect from april 1, 1985. the proviso as it stands makes deductibility of the local taxes in determining the annual value of the property of that ..... be noted here that a division bench of this court in hyderabad co-operative central trading society ltd. v. cit : [1988]173itr690(ap) held that the amendment is declaratory of the law as existing up to and including 1984-85. therefore, what follows is that the local tax that has been paid has to be deducted in computing the annual ..... of learned standing counsel it would be necessary to read the proviso to section 23(1) as it stood in the relevant assessment year and as it stands after the amendment which are as follows : the proviso to section 23(1), as it stood in the relevant year, i.e., 1980-81 : 'provided that where the property is .....
Tag this Judgment!Court : Allahabad
Reported in : [1993]201ITR695(All)
..... was made to the inspecting assistant commissioner by the income-tax officer when the jurisdiction was vested in him. it is said that, by virtue of section 65 of the taxation laws (amendment) act, 1975, jurisdiction was taken away from the inspecting assistant commissioner with effect from april 1, 1976, who passed the penalty order on october 6, 1987. this court has held in .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)63CTR(All)345; [1987]166ITR698(All); [1987]31TAXMAN495(All)
..... [1984]146itr249(all) , the conten-of learned standing counsel deserved to be accepted.10. however, section 187 was amended by section 33 of the taxation laws (amendment) act, 1984. it reads :'33. amendment of section 187.--in section 187 of the income-tax act, to sub-section (2), the following proviso shall be added and shall be deemed to have been added with ..... for the entire previous year. in our opinion, this is the correct legal position. it thus appears that under the general law of partnership under the indian partnership act as well as under the income-tax acts, the position is that a firm retains its identity and assessable entity in case of its reconstitution. it is hence the ..... of any partner. in the absence of such a clause, it may be necessary to determine the position emerging as a result of the law contained under the provisions of the indian partnership act. in such a situation, the conduct of the surviving partners may also be relevant. in view of the changed position in the .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]231ITR259(All)
..... facts that the aforesaid question has been referred to this court for its opinion. 4. it may be observed that by section 6 of the taxation laws (amendment) act, 1984, section 16 of the act was amended retrospectively with effect from april 1, 1975, and in clause (i) after the proviso, the following explanation was inserted :'explanation.--for the removal ..... of salary due, paid or allowed to the assessee, and such deduction is, in no case, to exceed the monetary ceiling specified in that section. the amendment brought about in section 16 is fully applicable to the case of the respondent-assessee, as we are concerned with the assessment year 1978-79. thus the ..... the commissioner of income-tax, kanpur, the income-tax appellate tribunal, allahabad, has referred the following question of law for the opinion of this court, under section 256(1) of the income-tax act, 1961 (for short 'the act') :'whether, on the facts and in the circumstances of the case, and on a correct interpretation of section .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)156CTR(All)188; [1999]237ITR792(All)
..... his share in the partnership firm. his father was also a partner in the said firm. by the taxation laws (amendment) act, 1975, by its section 13 of the amending act made effective from april 1, 1976, provisions of section 64(3) were inserted in the income-tax act, 1961. the said provision provided that if a minor is admitted to the benefits of partnership, income falling ..... to his share will be liable to be assessed in the hands of either parent whoever has the higher income. though not obliged after the amendment of section 64(3) of the act, the petitioner filed his return of income and showed his share income from bhagat ram jai narayan as income taxable in the hands of the minor and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1983]144ITR754(MP)
..... the assessee-firm was illegal on the ground that it was barred by limitation, having regard to the provisions of section 275 of the income-tax act, 1961, as amended by section 50 of the taxation laws (amendment) act, 1970?'2. the material facts giving rise to this reference briefly are as follows : the assessee is a registered firm deriving income from business in ..... court in cit v. fakir chand dayaram( mcc no. 256 of 1976, decided on 7th february : [1983]143itr184(mp) . section 275 of the act, which provides for the period of limitation for imposing a penalty, was amended with effect from 1st april, 1971. in m.c.c. no. 256 of 1976, it was held that (p. 185): 'if in a ..... particular proceeding the period of limitation was still running on 1st april, 1971, the amended provision enlarging the period of limitation would apply'. in view of that decision, our answer to the question referred to us is in the negative and against the assessee.4 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ596
..... short). the assessing officer, respondent no. 2, issued annexure 'a' notice to the petitioner under section 14(4)(i) of the act requiring him to submit a return. by the taxation laws (amendment) act, 1972, section 16a has been inserted which provides for reference of the valuation of an asset to a valuation officer. the assessing officer referred the valuation ..... the year 1992-93 more or less adopting the order passed for the preceding year. for the assessment year 1993-94, the exemption limit for the purpose of taxation has been fixed at rs. 15 lakhs. the petitioner contends that going by the assessment completed for the year 1991-92 and the fact that the return filed ..... the prescribed form and verified in the prescribed manner. section 15 deals with return after due date and amendment of return. section 16(4)(i) reads as under : ' 16(4). for the purposes of making an assessment under this act, the assessing officer may serve, on any person who has made a return under section 14 or section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP171
..... from ]st august 1949 by the state merger (governors' provinces) order, 1849, end by the taxation laws (extension to merged states and amendment) act 1949 (hereinafter referred to in the judgment as the taxation laws act) the indian income-tax act was extended to the state of nandgaon with effect from 1st april 1949. in the years 1954 and ..... 1955, the income-tax officer issued three separate notices to the appellant under section 34 of the indian income-tax act ..... the validity of the notices under article 226 of the constitution. his petition was heard by kotval j., and was dismissed.3. the taxation laws act repealed the income-tax act applicable to the state with the only saving in section 7 as below :'............ except for the purposes of the levyassessment & collection of income .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)55CTR(MP)35; [1986]162ITR833(MP); 1986MPLJ360
..... only question involved in this case is the effect of insertion of the proviso in sub-section (2) of section 187 retrospectively with effect from april 1, 1975, by the taxation laws (amendment) act, 1984, which is as under : 'provided that nothing contained in clause (a) shall apply to a case where the firm is dissolved on the death of any of ..... its partners.' 5. section 187(2) as it stood prior to this amendment was interpreted along with section 188 of the act by a full bench of this court in girdkarilal nannelal v. cit : [1984]147itr529(mp) to mean that it indicates where one or more ..... 1. this is a reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue to answer the following questions of law, namely : ' 1. whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in law in confirming the order of the commissioner of income-tax (appeals) directing the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)50CTR(MP)172; [1985]156ITR551(MP)
..... .'6. section 187 provides for change in the constitution of a firm, while section 188 deals with succession of one firm by another. this amendment in section 187(2) was made by the taxation laws (amendment) act, 1984, with retrospective effect from april 1, 1975. there is no dispute that this newly added proviso to section 187(2) applies in ..... which were cited before us. the full bench decision in girdharilal v. cit : [1984]147itr529(mp) was a decision given prior to the above amendment to section 187 of the act, when the above-quoted proviso to section 187(2) had not been added. the present case being governed by the newly added proviso to section 187 ..... in the partnership deed for continuance of the partnership firm on the death or retirement of any of the partners, according to the general law contained in section 42 of the partnership act, on the death of one of the partners, jasumal, the firm stood dissolved automatically and the new firm constituted thereafter was the successor-firm .....
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