Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 9 omission of section 4 Page 1 of about 131,397 results (0.714 seconds)

Fashion Design Council of India vs.govt. Of Nct of Delhi and Anr.

Court : Delhi

..... be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect and, therefore, if the principal act was existing law when the constitution came into force, the amending act also will be part of the existing law.20. in zile singh v. state of haryana [(2004) 8 scc1 sc held ..... a limited period is not forthcoming. it is no doubt true that the state has enormous powers in the matter of legislation and in enacting fiscal laws. great leverage is allowed in the matter of taxation laws because several fiscal adjustments have to be made by the government depending upon the needs of the revenue and the economic circumstances prevailing in the state .....

Bcci vs.govt. Of Nct of Delhi and Ors.

Court : Delhi

..... be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect and, therefore, if the principal act was existing law when the constitution came into force, the amending act also will be part of the existing law.20. in zile singh v. state of haryana [(2004) 8 scc1 sc held ..... a limited period is not forthcoming. it is no doubt true that the state has enormous powers in the matter of legislation and in enacting fiscal laws. great leverage is allowed in the matter of taxation laws because several fiscal adjustments have to be made by the government depending upon the needs of the revenue and the economic circumstances prevailing in the state .....

Gmr Sports Pvt. Ltd. Vs.commissioner of Excise, Entt and Luxury Tax an ...

Court : Delhi

..... be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect and, therefore, if the principal act was existing law when the constitution came into force, the amending act also will be part of the existing law.20. in zile singh v. state of haryana [(2004) 8 scc1 sc held ..... a limited period is not forthcoming. it is no doubt true that the state has enormous powers in the matter of legislation and in enacting fiscal laws. great leverage is allowed in the matter of taxation laws because several fiscal adjustments have to be made by the government depending upon the needs of the revenue and the economic circumstances prevailing in the state .....

Den Soccer Private Limited vs.gnctd and Ors.

Court : Delhi

..... be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect and, therefore, if the principal act was existing law when the constitution came into force, the amending act also will be part of the existing law.20. in zile singh v. state of haryana [(2004) 8 scc1 sc held ..... a limited period is not forthcoming. it is no doubt true that the state has enormous powers in the matter of legislation and in enacting fiscal laws. great leverage is allowed in the matter of taxation laws because several fiscal adjustments have to be made by the government depending upon the needs of the revenue and the economic circumstances prevailing in the state .....

Pro Sportify Pvt. Ltd. Vs.the Commissioner of Entertainment Tax, Gnctd

Court : Delhi

..... be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect and, therefore, if the principal act was existing law when the constitution came into force, the amending act also will be part of the existing law.20. in zile singh v. state of haryana [(2004) 8 scc1 sc held ..... a limited period is not forthcoming. it is no doubt true that the state has enormous powers in the matter of legislation and in enacting fiscal laws. great leverage is allowed in the matter of taxation laws because several fiscal adjustments have to be made by the government depending upon the needs of the revenue and the economic circumstances prevailing in the state .....

Shiv Narayan Shivhare Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Reported in : [1997]224ITR294(MP)

..... penalty, when explanation to section 271(1)(c) as it stood prior to its amendment by the taxation laws (amendment) act, 1975, did not provide for such exclusion ? (iii) whether, on the basis of law as it stood prior to its amendment by the taxation laws (amendment) act, 1975, the quantum of penalty imposable under section 271(1)(c) read with the ..... circumstances of the case, the tribunal having held that the explanation to section 271(1)(c) as it stood prior to its amendment by the taxation laws (amendment) act, 1975, is applicable is justified in law in holding that penalty under section 271(1)(c) is leviable only with reference to the concealment actually detected ? (ii) whether ..... on the sum of rs. 75,000which was disclosed as income by the assessee voluntarily in his return.there was also no penalty prescribed under law for not disclosing thealleged source of income. the contentions of the revenue that the penaltyshould have been imposed by the appellate tribunal was rightly rejected. .....

The Assistant Commissioner, Assessment-ii, Bangalore and ors. Vs. Vell ...

Court : Supreme Court of India

Reported in : AIR2004SC86; (2004)1CompLJ21(SC); 2004CriLJ1221; (2003)184CTR(SC)193; 2003(157)ELT369(SC); [2003]263ITR550(SC); JT2003(Suppl2)SC99; 2003(7)SCALE530; (2003)11SCC405; [2003]4

..... the legislature, for that would amount re-writing the provisions of the statute.25. prior to the substitution of section 276c, 277 and 278 by the taxation laws (amendment) act, 1975 with effect from 1.10.1975 in the present form, there was no minimum sentence of imprisonment provided for. the intention of the legislature ..... courts from deviating from the minimum mandatory punishment prescribed by the statute. it in spite of the amendment, the situation is seen as before, then i fail to see the purpose of the amendments made by the taxation laws (amendment) act, 1975.28. i am of the view that the court should be slow in interpreting a ..... an offender to fine only. these recommendations have not been acted upon, though several other recommendations made by the 47th report of the law commission have been accepted and implemented by parliament vide the taxation laws (amendment) act, 1975. hence, the state of law as noticed by the law commission continues.21. a number of judgments of high courts .....

Commissioner of Income-tax Vs. D.K. Nawlakha

Court : Delhi

Reported in : (2001)165CTR(Del)582; [2000]246ITR557(Delhi)

..... and imposed a penalty of rs. 72,960. the order of the inspecting assistant commissioner was passed on march 14, 1978. at this juncture, we may note that by the taxation laws (amendment) act, 1975, sub-section (2) of section 274 was deleted from april 1, 1976.3. section 274 as it stood as on april 1, 1971, and after the deletion of sub ..... 's case : [1993]199itr610(sc) and varkey chacko's case : [1993]203itr885(sc) , the apex court considered the effect of amendment introduced by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. the position from that date has been indicated supra. before amendment it read as follows :'notwithstanding anything contained in clause (iii) of sub-section (1) of section 271, if in a .....

Commissioner of Income-tax Vs. P.i. Issac and ors.

Court : Kerala

Reported in : [1987]168ITR793(Ker)

..... of the inspecting assistant commissioner to impose penalty after section 274(2) was omitted with effect from april 1, 1976, as per section 65 of the taxation laws (amendment) act, 1975. the tribunal, by its order dated march 1, 1980, has set aside the order imposing penalty on the ground that the inspecting assistant commissioner ..... shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'sub-section (2) of section 274 was substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, and the sub-section, after its substitution, reads:'(2) notwithstanding anything contained in clause (iii) of sub-section ..... clauses (a), (b) or (c) during the course of the assessment proceedings. section 274(2) as it stood prior to its deletion by the taxation laws (amendment) act, 1975, had conferred the powers of the income-tax officer on the inspecting assistant commissioner and the income-tax officer was required to refer the case to .....

Nem Kumar Tholia Vs. Additional Commissioner of Income-tax

Court : Rajasthan

Reported in : [1992]194ITR371(Raj)

..... , as he thought fit. section 274 was further amended by the taxation laws (amendment) act, 1975, which came into force with effect from april 1, 1976. but, as we are not concerned in the present case with the same, we ..... it was open to the inspecting assistant commissioner to impose penalty by invoking the explanation (inserted in 1964). this scheme of sections 271 and 274 was amended by the taxation laws (amendment) act, 1970, as a result of which, the inspecting assistant commissioner ceased to have power to pass any order and the income-tax officer could impose penalty ..... april 1, 1971, could be disposed of by the inspecting assistant commissioner in spite of the change in the provisions of section 274(2) of the act by the taxation laws (amendment) act, 1970, with effect from april 1, 1971.7. in view of the aforesaid submissions, we find that in so far as question no. 2 is .....