Court : Allahabad
Reported in : AIR1971All186
..... called the amendment act, 1969), section 1 (3) of this act provides that the act shall come into force on such date as the state government may by notification in the gazette appoint in that behalf ..... that the u. p. stamp (amendment) act, 1962, is ultra vires the state legislature.5. the present appeal has been filed by the state of u. p. and the junior secretary, board of revenue, against the judgment of the learned judge. during pendency of the appeal the state legislature has passed the uttar pradesh taxation laws amendment act, 1969 (u. p. act no. xi of 1969) (hereinbelow .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]228ITR289(MP)
..... . share.3. the income-tax officer brought to charge the income accruing to the spouse of the assessee, in the hands of the assessee under section 64(1) as amended by the taxation laws (amendment) act, 1975. the assessee was unsuccessful in the appeal before the appellate assistant commissioner but on appeal having been filed before the tribunal, the tribunal held that explanation 3 to ..... and in the circumstances of the case, the tribunal was right in holding that the spouse's income is not assessable in the hands of the assessee even after the taxation laws (amendment) act, 1975, adopting the same principles as were laid down by the supreme court in the case of prembkai parekh : [1970]77itr27(sc) ?'2. the assessee is an individual, who was .....
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 : Supreme Court of India
Reported in : (2005)194CTR(SC)97; 2005(184)ELT3(SC); [2005]273ITR326(SC); JT2005(2)SC538; (2005)3MLJ48(SC); (2005)2SCC751
..... appeal over the decision of the earlier bench.8. sections 245a to 245v are covered by chapter xixa of the act.9. a new chapter xix-a was introduced by the taxation laws (amendment) act, 1975 (in short the 'amendment act') w.e.f. 1.4.1976. the commission is constituted by the central government for the settlement of cases ..... under chapter xix-a. the expression 'case' as appearing in section 245a(b) refers to any proceeding under the act for the assessment or re-assessment ..... the provisions of sub-section (3) of that section have exclusive jurisdiction to exercise the powers and perform the functions of the income-tax authority under the act in relation to the case. in essence, the commission assumes jurisdiction to deal with the matter after it decides to proceed with the application and continues to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC1262; [1969]74ITR72(SC); (1969)2SCC84; [1970]1SCR1
..... clause (vi-a) was inserted in section 10(2) of the indian income-tax act, 1922, by section 11 of the taxation laws (extension to merged states and amendment) act 67 of 1949. the clause as amended by section 8 of the indian income-tax (amendment) act 25 of 1953 with effect from april 1, 1952, reads as follows:in respect ..... respect of its indian business.' the tribunal observed that under rule 33 'the profits have to be calculated under the terms of the indian income-tax act and this act postulated that on all machinery, plants and such other things like steamers brought into business after march 31, 1948, additional depreciation must also be granted'. ..... computing the profits of the assessee in india in each year the income-tax officer allowed normal depreciation and other trade allowances admissible under the indian income-tax act, 1922, and the relevant rules made thereunder. he, however, did not allow initial depreciation and additional depreciation in respect of the ships of the assessee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC674; [1992]74CompCas400(SC); (1992)2CompLJ156(SC); 1994CriLJ628; 1992(2)Crimes349(SC); (1992)104CTR(SC)203; [1992]196ITR1(SC); JT1992(4)SC22; 1992(1)SCALE992; (199
..... was signed by the appellant was signed by him in his capacity as principal officer. learned counsel for the appellant submitted that the parliament has now, by the taxation laws (amendment) act of 1975, which took effect from 1st april, 1976, removed the expression 'the principal officer' occurring in section 140(c), in so far as it related to ..... are however included within the meaning of 'principal officer' under section 2(35) of the act. by the introduction of section 278b by the taxation laws (amendment) act of 1975, with effect from 1st october, 1975, it is enacted that where an offence under this act has been committed by a company, every person who, at the time the offence was ..... the principal officer to sign the tax returns. the substitution of the words made under the new amendment act will not in any way alter the position with regard to the operation of the provisions of the income-tax act as against a managing director of a company when he has signed the return of the company .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC490; [2000]241ITR350(SC); JT1999(10)SC32; 1999(7)SCALE515; (2000)1SCC466; [1999]Supp5SCR365
..... or mainly of cotton, including cotton yarn, hosiery and rope.4. the ninth schedule was inserted by the direct taxes (amendment) act, 1974 w.e.f. 1.4.75 but has been omitted by the taxation laws (amendment of miscellaneous provisions) act, 1986, w.e.f. 1,4.1988. it is not disputed by the revenue that in case the item manufactured ..... at the instance of revenue which was adjudicated against it.whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in law in holding that the manufacture of yarn would amount to manufacture of textile within the meaning of entry 21 of the ninth schedule and therefore the assessee is ..... employed in the manufacture of yarn on the ground that its manufacturing product, viz., 'yarn' falls under item no. 21 of ninth schedule to the income tax act, 1961. the view of the assessing authority as supported by the inspecting assistant commissioner was that the manufacture of cotton yarn did not amount to manufacture of 'textile'. .....
Tag this Judgment!Court : Delhi
Reported in : [2000]241ITR451(Delhi)
..... , with effect from april 1, 1976, and has wrongly applied the explanationn which had been inserted earlier by the finance act, 1964. undisputably, there is significant difference between explanationn 1 as inserted by the finance act, 1964, and the one substituted by the taxation laws (amendment) act, 1975. without expressing any final opinion at this stage, lest it may prejudice the issue involved, we are of ..... the view that the order of the tribunal gives rise to a question of law.9. regarding the second question pertaining to the claim of .....
Tag this Judgment!Court : Chennai
Reported in : [1977]110ITR655(Mad)
..... petitioner has not signed as the principal officer. but mr. n. c. raghavachari would try to get over this position by stating that parliament has now, by the taxation laws (amendment) act of 1975, which took effect from april i, 1976, has removed the expression ' the principal officer ' occurring in section 140(c), in so far as it ..... officer' under section 2(35) of the income-tax acj:. now, by the introduction of section 278b by the taxation laws (amendment) act of 1975, with effect from october 1, 1975, it is enacted that where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of ..... the effect that now a director can be prosecuted along with the company after october 1, 1975, from which date the amendment came into force. this sub-section (1 a) was inserted by the income-tax (amendment) act, 1965, on the date on which section 271(4a) was introduced. section 271(4a) says that, notwithstanding anything contained .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)BomCR133; [1999]240ITR447(Bom); 1999(3)MhLj527
..... are levied. it was immaterial whether the assessee paid the same or not. this position, however, has been changed now by substitution of the above proviso by the taxation laws (amendment) act, 1984 with effect from 1st april, 1985. as a result, for and from the assessment year 1985-86, deduction in respect of taxes levied by the local authority ..... only in the previous year in which such taxes are actually paid by the owner. however, in the present case, we are not concerned with the above amendment because the controversy pertains to the assessment year 1976-77. the real controversy is whether municipal taxes pertaining to earlier years demanded during the relevant previous year are ..... orderdr. b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue :'whether on the facts and in the circumstances of the case the tribunal was .....
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