Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)38ITD193(Delhi)
..... next issue in this case is relating to assessee's liability to pay interest under section 234b inserted with effect from 1-4-1988 by the direct tax laws (amendment) act of 1988. a person liable to pay advance tax under section 208, who has either failed to pay such tax or has paid advance tax under provisions of ..... depreciation in accordance with proviso to subsection (2); 13. in this case the company has incurred losses in previous financial years falling after the commencement of companies (amendment) act, 1956 (though the company was incorporated with effect from 1973 the losses suffered by the dissolved companies arc deemed to be the losses or unabsorbed depreciation of this ..... 1956. as per the profit and loss account, the profit before taxes has been disclosed at rs. 35,840.07 lakhs. after adjustment of provisions for taxation, investment allowance reserve and adjustment of brought forward losses from previous year, net profit carried forward to the balance sheet is at rs. 23,662.50 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1992)(38)ECC22
..... 14 & 19(1)(g) of the constitution of india and section 3 of the central excises and salt act, 1944 in a writ petition before the honourable high court of madras on the ground that as a result of the amendment if there were a number of loan licensees manufacturing the specified goods from one factory and if the aggregate ..... exempting certain articles followed by the government is justified or not. it is for the taxing authorities to take a decision as to which goods should be subjected to taxation and which should be exempted from it.' the counter also proceeds to narrate how certain big manufacturers exploit the exemption notification in the guise of loan licences by floating ..... or on behalf of other units have to be treated as the clearance of the manufacturer only. in the light of this decision and also having regard to the case law cited on behalf of the appellants, m/s. b. pharma labs (p) ltd. who actually carried out the manufacturing activity in their factory on behalf of the appellants .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi280; 44(1991)DLT528; 1991(21)DRJ13
..... supra) analysed the powers of the high court under section 24(5) of the code of civil procedure and observed that subsection (5) of this provision was inserted by civil procedure code (amendment) act, 1976 for the first time and its insertion was necessitated for the reason that some of the high courts in india were of the view that suit/ appeal/ proceeding pending ..... it was the court of the district judge. according to learned counsel, in order to meet such a situation, section 24 of the code of civil procedure, 1908 has been amended and clause (5) inserted therein. he also relied upon a case reported as pushpa kapal v. shiv kumar : 35(1988)dlt187 . in that case, a suit was filed ..... suit has to be valued on the basis of his share only and cannot be determined with respect to the value of the whole property. it is settled principle of law that in a suit for partition of the property, as in the present case, the jurisdictional value has to be determined onthe value of the whole of the property .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)37ITD469(Delhi)
..... limitation is applicable only to assessment year 1971-72 and subsequent assessment years. we may mention that sub-section (2a) of section 153 was inserted by the taxation laws (amendment) act, 1970 with effect from 1-4-1971. the central board of direct taxes in the explanatory note issued under circular no. 56 dated 19-3-1971 clarified ..... ) of section 153 will be operative only in relation to assessments for the assessment year 1971-72 or any subsequent year.9. in kanga and palkhivala's "the law and practice of income-tax" 'eighth edition - volume fat page 1227 the distinguished authors have this to say regarding the applicability of sub-section (2a):- in relation ..... tax, 'n'-range, new delhi, vide his order dated 10-2-1982 set aside the assessment and directed the assessing officer to make a fresh assessment according to law in the light of the observations made by the first appellate authority. the learned appellate assistant commissioner noted that shri ram kumar gupta, prop. m/s. delton .....
Tag this Judgment!Court : Delhi
Reported in : (1991)94CTR(Del)213; 44(1991)DLT447
..... sub-section (3) of section 254 required the tribunal to send a copy of its order to the assessed and to the commissioner- it is only by virtue of the taxation laws (amendment) act, 1987 that with effect from 1st april, 1988 the words 'chief commissioner' have also been inserted in section 254(3). it is submitted by mr. syali that the ..... was the commissioner who had administrative charge over the income-tax officer who bad filed an appeal decided by the tribunal. in order to obviate this difficulty the legislature amended under section 254(3) and the result of this was that orders could be served either on the commissioner of income-tax or on the chief commissioner. the purpose ..... from 1st april, 1988 in section 254(3) is sought to be read into section 256(1). in our opinion this cannot be permitted. even though the purpose of amending section 254(3) may have been to sec that valid service, for the period of limitation, is effected on the chief commissioner. but for computing the period of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)37ITD430(Delhi)
..... aspect is concerned.7.8 section 263 enables the commissioner to call for and examine the record of any proceeding under the income-tax act, 1961. explanation (b) to section 263(1) as amended by the finance act, 1988 with effect from 1-6-1988 provides that "record" shall include and shall be deemed always to have included all records ..... he further submitted that the assessee's method of accounting in regard to consultancy fee was cash although on 31-7-1987 the assessee had tendered the same for taxation in the assessment year 1937-88 on accrual basis wrongly. he pointed out that the commission was accounted for in the account ending 31-1-1988. in any ..... accrual fulfilled) and was also received by the assessee only on 11-9-1987 and that the earlier voluntary agreement was against law. it was said that the entire consultancy fee had been accordingly offered for taxation on accrual basis in the assessment year 1988-89 for which the return was filed and was pending.3. the learned commissioner .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)37ITD86(Delhi)
..... purposes of the constitution the definition of the expression 'agricultural income' as given in the income-tax act. we have already noticed that sub-section (2) of the taxation laws (amendment) act 1970 introduced some important changes with retrospective effect from 1-4-1962. the effect of this amendment was explained by the board in a circular given on 9-3-1971 no. 56: in recent ..... the decision given by the supreme court interpreting the definition of 'agricultural income' under the 1922 act will apply with equal force to the 'agricultural income' as defined in the income-tax act, 1961. in 1970 by taxation laws (amendment) act, 1970, some modifications were made with retrospective effect from 1-4-1962 but they do not impinge very much upon the subject before us. the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi104; 1991(20)DRJ257
..... time been in possession of the land declared surplus to which he was not entitled under the law, a license fee equal to 30 times the land holdings tax recoverable in respect of this area. on 6th june, 1978, the act was further amended by amending act 18 of 1978 whereby the rigour of the condition imposed under sub-section (7) was ..... the decision of appeal will have to be awaited. this literal interpretation will obviously lead to manifest absurdity and also to the result not intended by the scheme of taxation. the object of enacting provision of s. 170(b) appears to us is that the assessed should be prevented from filing frivolous appeal against the rateable value and ..... of the total tax amount, with or without conditions. according to him the literal interpretation of section 170(b) of the act could perhaps lead to the result not intended by the scheme of taxation under the act. in such a situation section 457 read with order 41 rule 5 of the code of civil procedure can be pressed in .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1991)LC630Tri(Delhi)
..... anr. v. union of india as reported in 1983 (12) elt 349 (del.), the observations made in para 14 are relevant :- "...the exemption clause appearing in taxation laws should be reasonably interpreted. it should be given its full and reasonable scope and amplitude so long as violence is not done to the language used. the exemption is ..... as untenable.14. applying this ratio, we have also to hold that if the government intended to withdraw the earlier notification then they would have rescinded or amended or issued the subsequent notification in supersession of earlier notification as the government has not done so, the benefit of notification cannot be denied to the appellants ..... in the judgment of the privy council in crawford v. spooner - (1846) 6 moo pc 1(9): "...we cannot aid the legislature's defective phrasing of the act, we cannot add, and mend, and, by construction, make up deficiencies which are left there." learned counsel for the respondents is possibly right in his submission that .....
Tag this Judgment!Court : Delhi
Reported in : 1991(2)Crimes241; 43(1991)DLT23; 1991RLR79
..... on all the officers and persons employed in the department. (14) in this case, we may note that one such circular, was issued after some amendments in the act were introduced in the parliament. at that time, the hon'ble minister for revenue and civil expenditure gave an assurance that outstanding loans and advances which are ..... of a binding nature, as the intention was for the proper administration of the provisions of the act or the amendments made therein. however, in exercise of its powers to issue orders and circulars, under section 119 of the act. the board cannot take away the judicial or quasi-judicial functions of the commissioner and vest the ..... same to itself or put them under the overall supervision of the minister. the board can relax the rigour of the laws .....
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