Court : Chennai
Reported in : [2001]249ITR504(Mad)
..... best judgment assessment is made, it will have certain other consequences with which we are not concerned. the circular, in my view, has not amended the provisions of section 184(7) of the act, but merely states that if the twin requirements mentioned in the circular are satisfied, the income-tax officer would be well advised to treat the ..... certain other situations and contingencies. no doubt, it is true that the board cannot issue a circular against the provisions of the act. but, it is equally well settled that it can relax the rigour of law or grant relief which is not found in terms of statutes. the condition prescribed in the circular that there should not be ..... an ex parte assessment under section 144 of the act gives an indication that if the assessee had filed the return, though belatedly, the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1999Mad431; (1999)IIMLJ731
..... the constitution of india. it is also stated that the classification resorted to by the respondents is arbitrary. a perusal of the tamil nadu motor vehicles taxation (amendment act 1989) (tamil nadu act 25/89) which came into force from 1 -4-89 provides for the levy of motor vehicles tax for certain new classification of vehicles in ..... p. no. 4207/90 has filed a counter-affidavit disputing various averments made by the petitioner. it is stated that the tamil nadu motor vehicles taxation (amendment) act, 1989 (tamil nadu act 25 of 1989) which came into force from 1-4-89 and published in the tamil nadu government gazette dated 19-6-89 provides for the ..... in the second schedule on the date of the commencement of the tamil nadu motor vehicles taxation (amendment) act, 1989. (3) all references made in this act to the schedules shall be considered as relating to the schedules as for the time being amended in exercise of the powers conferred by this section.' we are not concerned with the other .....
Tag this Judgment!Court : Chennai
Reported in : (2000)158CTR(Mad)466; [2000]241ITR829(Mad)
..... that order in appeal was affirmed by the tribunal. the words relied upon by the assessing officer came to be deleted by the taxation laws (amendment) act, 1984. the explanatory note to the amending act which contains the reasons for the amendment sets out the reasons for the deletion of the last portion of the second proviso to section 23(1) of the income- ..... 23. the result of such computation was loss of rs. 23,451. the assessment years are 1974-75 to 1976-77. section 25 of the act as it stood prior to its amendment in 1984 at the end of the second proviso contained these words: 'so, however, that the income in respect of any residential unit referred to ..... tax act, thus (see [1984] 150 itr 7) : 'apprehensions had been expressed that the abovequoted words may be construed to imply that no loss .....
Tag this Judgment!Court : Chennai
Reported in : [2001]248ITR512(Mad)
..... and further, that theword 'payable' referred to all amounts outstanding irrespective of the period for which the outstanding relates.4. section 220(2a) of the act was inserted by the taxation laws (amendment) act, 1984, with effect from october 1, 1984. prior to the introduction of the provision, there was no power to waive the interest. the substantive ..... the authority did not have the power to waive the interest.5. the word 'paid' was introduced in section 220(2a) of the act by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from april 1, 1987. the object of introducing that term was only to make it clear that the authority is ..... legislative practice to make explicit the intention to make a provision retrospective in operation wherever a substantive alteration is made in the law. it is only in cases where the amendment is to be regarded as clarificatory ordeclaratory that such provision is even in the absence of express language to that effect in the .....
Tag this Judgment!Court : Chennai
Reported in : [2000]248ITR512(Mad)
..... , that the word 'payable' referred to all amounts outstanding irrespective of the period for which the outstanding relates.4. section 220(2a) of the act was inserted by the taxation laws (amendment) act, 1984, with effect from 1-10-1984. prior to the introduction of the provision, there was no power to waive the interest. the substantive power ..... during which the authority did not have the power to waive the interest.the word 'paid' was introduced in section 220(2a) of the act by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from 1-4-1987. the object of introducing that term was only to make it clear that the authority is empowered ..... normal legislative practice to make explicit the intention to make a provision retrospective in operation wherever a substantive alteration is made in the law. it is only in cases where the amendment is to be regarded as clarificatory or declaratory that such provision is even in the absence of express language to that effect .....
Tag this Judgment!Court : Chennai
Reported in : [2001]248ITR557(Mad)
..... on the decision of the punjab and haryana high court in the case of cit v. justice s.c. mittal . section 10(13a) of the income-tax act was amended by the taxation laws (amendment) act, 1984, with retrospective effect from april 1, 1976, by adding an explanation. the explanation so added reads as under :'explanation.--for the removal of doubts, ..... to this explanation, the assessoe who admittedly has not incurred expenditure on payment of rent, was clearly disentitled to claim the benefit of section 10(13a) of the act.3. the question referred to us, viz., 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the ..... officer belonging to indian administrative service, claims exemption for the amount of the house rent allowance received by him relying on section 10(13a) of the income-tax act, 1961, in respect of the assessment year 1982-83. during that period, the assessee was living in his own house and he had not incurred any expenditure .....
Tag this Judgment!Court : Chennai
Reported in : [2000]243ITR467(Mad)
..... .8. payments which are illegal can no longer be claimed as deduction under section 37 of the income-tax act, 1961, after the amendment to that section by the finance (no. 2) act, 1998. as to how the transactions involving illegal payments should be treated for the earlier assessment years does not arise for our consideration in this case. we ..... for the purpose of granting depreciation and investment allowance and 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that salary and commission payments made to shri. k. ameenur rehman and shri b. akbar pasha for the assessment years 1974-75 and 1975-76 would ..... for the purpose of granting depreciation and investment allowance and 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that salary and commission payments made to shri k. ameenur rehman and shri b. akbar pasha for the assessment years 1974-75 and 1975-76 would not .....
Tag this Judgment!Court : Chennai
Reported in : [2001]248ITR654(Mad)
..... questions for our consideration :'(1) whether, on the facts and in the circumstances of the case, and having regard to the provisions of section 274(2) as amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the appellate tribunal was right in holding that the income-tax officer had no jurisdiction to levy penalty under section 271 ..... the income concealed was, in this case, less than rs. 25,000 for each of the assessment year. as the assessment was made after the amendment to section 274(2) of the act, the penalty was leviable by the income-tax officer. the first question referred to us is, therefore, required to be answered in favour of the revenue ..... case for 1969-70 and 1970-71 ?(2) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the law applicable to the penalty proceedings for the purpose of jurisdiction of the authority to levy under section 271(1)(c) ?'3. the first question has to be answered in .....
Tag this Judgment!Court : Chennai
Reported in : (2000)163CTR(Mad)435
..... for our consideration :'1. whether, on the facts and in the circumstances of the case, and having regard to the provisions of section 274(2) as amended by the taxation law (amendment) act, 1970 with effect from 1st april, 1971, the tribunal was right in holding that the income tax officer had no jurisdiction to levy penalty under section ..... 271(1)(c) in the assessee's case for 1969-70 and 1970-71 ?'2. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the law ..... the income concealed was, in this case, less than rs. 25,000 for each of the assessment year. as the assessment was made after the amendment to section 274(2) of the act, the penalty was leviable by the income tax officer. the first question referred to us, is, therefore, required to be answered in favour of .....
Tag this Judgment!Court : Chennai
Reported in : [2000]241ITR554(Mad)
..... by the assessee.4. the proviso to sub-section (2) of section 187 of the income-tax act had been added in the income-tax act by section 33 of the taxation laws (amendment) act, 1984, with effect from april 1, 1975. this amendment, though in the year 1984 was retrospective. the assessment year under consideration is 1976-77 and the effect ..... of this retrospective amendment would be that the provisions of section 187 of the said act would not apply to the ..... referred to us :'whether, on the facts and in the circumstances of the case and having regard to the provisions of section 187(2) of the income-tax act, 1961, the appellate tribunal is justified in holding that there has been dissolution of the firm on august 11, 1975, when one of the partners, shri l. .....
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