Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1986)15ITD25(All.)
..... 46 (mad.) and k.p. pednekarv. ito [1983] 6 itd 483 (bom.).he also referred to sub-clause (vi) of section 17(2), which was added by the taxation laws (amendment) act, 1984. according to this new clause, the concession granted to an employee by an employer in the form of a loan was to amount to a perquisite. the learned counsel ..... dropped by the gto. in our opinion, this cannot help the assessee.the department has to take proper care of its revenue and protective assessments are clearly permitted in law. in any case, the gift-tax proceedings were not in the case of the assessee but in the case of the company, which was different from the assessee. ..... 25 per sq. yard by the company.according to him, this concession amounted to 'perquisite' in terms of section 17(2)(iii)(c) of the income-tax act, 1961 ('the act').according to this section, perquisite includes the value of any benefit or amenity granted at concessional rate by an employer (including a company) to an employee whose income under .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1987)23ITD532(All.)
..... the power to revise the impugned order. the cit had passed the order under section 263 on 3q-3-1985. the following explanation to section 263 was introduced by the taxation laws (amendment) act, 1984 with effect from 1-10-1984 :- explanation : for the removal of doubts, it is hereby declared that, for the purposes of this sub-section, an order ..... cit under section 263.the order of the ito was erroneous and prejudicial to revenue. we will draw attention to what has been stated in kanga and palkhivala's 'the law and practice of income-tax', seventh edition, volume 1. it has been stated as under at page 879 :- even if the method of valuation adopted by the assessee ..... to it. it was further stated by the assessee that he was at liberty to choose the manner and method of maintaining its accounts and the only requirement of law was that the method adopted by it should be followed consistently. it was thus argued that since this mathod of valuation of stock had been followed by it consistently, .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]150TAXMAN5(All)
..... ). the tribunal in the appeal filed by the revenue held that in view of the amendment with effect from 10-9-1986 by the taxation laws (amendment) and misc. provisions act, 1986 the words 'without reasonable cause' were omitted from section 271b of the act. therefore, it was not necessary for the commissioner to consider the aspect of reasonable cause ..... before levying the penalty under section 271b of the act. it was also found that the ..... though the assessee has not filed such audit report before the assessing officer before the specified date. to meet this situation, the law has been also amended by finance act, 1995.6. in view of the above discussion we find no illegality in the order of the tribunal.7. we, therefore, answer the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All527
..... was pending in the trial court, then there can be no manner of doubt that the trial court was bound to give effect to the modification of law as made by the amending act. in fact this position has been frankly conceded by the learned counsel for the respondent. he has, however, argued that because a decree has been passed ..... /-. in view of the aforesaid restriction imposed on the district board on the levy of a tax of this nature, i find it difficult to hold that such a taxation was unreasonable. the imposition of the tax itself does not impose any direct restriction on the trade. the restriction, if any, is an indirect one. it comes into ..... relief to which the plaintiff was entitled at the date of its judgment but during an appeal preferred by the defendant the law is amended and the plaintiff is no longer entitled to the relief. even if the amendment act has been given retrospective effect, unless it contains words expressly or impliedly requiring even a decree to be reopened and corrected .....
Tag this Judgment!Court : Allahabad
Reported in : [1979]120ITR387(All); [1980]3TAXMAN61(All)
..... as it is attributable to the interest of the individual in the property of the family ' occurring in clause (b) of this sub-section were omitted by the taxation laws (amend.) act, 1975, with effect from 1st of april, 1976. it would be seen that the provisions contained in section 64(2) are very clear and admit of no doubt ..... as the case may be, the spouse or minor son of the individual.' 3. this sub-section was inserted by the taxation laws (amend.) act, 1970, with effect from 1st april, 1971. this sub-section supersedes the general law that where a coparcener throws his separate property into the common stock of the family and thereby converts it into joint family ..... referred to as the converted property), then, notwithstanding anything contained in any other provision of this act or in any other law for the time being in force, for the purpose of computation of the total income of the individual under this act for any assessment year commencing on or after the 1st day of april, 1971,-- (a) .....
Tag this Judgment!Court : Allahabad
Reported in : [1980]46STC295(All)
..... at the instance of the commissioner, sales tax, u. p. in view of the u. p. taxation laws (amendment and validation) act, 1978, it shall now be treated as revision under section 11(1) of the act.2. the short question for consideration in this revision is as to whether bhathi (air blowing instrument) falls within the category of machinery taxable at 6 per cent ..... , 1965, and the sales thereof would attract tax at 6 per cent and not at 2 per cent. the view taken by the learned revising authority was, thus, erroneous in law and cannot be sustained.8. the revision is hence allowed with rs, 200 as costs.
Tag this Judgment!Court : Allahabad
Reported in : [1973]32STC14(All)
..... . the governor of uttar pradesh issued an ordinance, uttar pradesh taxation laws (amendment) ordinance, 1971 (u.p. ordinance no. 19 of 1971). it came into force on 15th november, 1971. section 3 of the ordinance has amended section 3-d of the u.p. sales tax act. the amendment so far as material for our purpose is as under :in ..... the words and full stop 'kutu and ramdana.' the words, a comma and full stop 'kutu, ramdana and paddy.' shall be substituted.10. thus, the final entry, as amended by the aforesaid two notifications, came to read :foodgrains, including cereals and pulses but excluding sawan, kodon, mandua, kisar (or kisari or latri), kisari dal, kakun, manjhari ..... for excluding it from foodgrains which were subject to purchase tax.13. the question, however, still remains if paddy would be included in 'foodgrains' under the amended section 3-d(1), which is the charging section. if paddy cannot be called a foodgrain, then the charging section will not apply and the impugned notification .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC970; (2000)1UPLBEC52
..... prohibition imposed by impugned provisions is violative of article 19(1)(g) of the constitution. the supreme court upheld the validity of 1983 banking laws (amendment) act on the test of reasonableness as envisaged under article 19(6) of the constitution in a decision reported in : [1993]1scr832 (supra). ..... on the subject. theparliament has thus no legislativedomain. the learned counsel couldnot carry the submission any further. 4. the constitutional validity of the banking laws (amendment) act, 1983 which introduced original section 45-s was challenged before the supreme court. the supreme court, while dealing with the question of legislative competence ..... regulate monetary, currency and credit system. thereafter, in view of the recommendation of the banking commission, the banking laws(amendment) act, 1983 was enacted. the amending act, inter alia, incorporated to the r.b.i. act, chapter iii-c under the caption prohibition of acceptance of deposits by unincorporated bodies. section 45-s (1) .....
Tag this Judgment!Court : Allahabad
Reported in : [1980]45STC270(All)
..... . 1. this reference was made under section 11(3) of the u.p. sales tax act, but, in view of the amendment made by the u.p. taxation laws (amendment and validation) act, 1978, it would be treated as a revision under section 11(1) of the act.2. the question for consideration in this revision is as to whether sales of coal-dust made ..... discarded or unserviceable goods and waste products from the factory. the sales tax authorities brought the turnover from sales of those commodities to tax under the bombay sales tax act, 1953. that order was confirmed in appeal by the sales tax tribunal. on a reference, at the instance of the assessee, the high court took a contrary ..... payment or other valuable consideration'. the proviso and the explanation to this clause are not relevant for the present purpose.4. it would be seen that under the act the aggregate of the price received or receivable by a person carrying on the business of selling goods is liable to be included in his taxable turnover. in order .....
Tag this Judgment!Court : Allahabad
Reported in : 2003CriLJ2299
..... below has rightly held that if a specific date is not specified in the notice, compliance of the provisions of section 441 of the indian penal code as amended by u.p. criminal laws (amendment act), 1961 will be lacking. it has therefore, rightly been observed that the notice served upon the accused was invalid. so, from this legal angle also the offence ..... be termed to be a synonym of fine as a person released on admonition is under no liability to pay any amount. this view is fortified from the principle of law laid down in, sheo narain tandon v. the state, 1959 cri lj 677 (all), whereby it was held that no doubt by giving a convicted person who has been ..... since the complainant's temporary need was genuine, he allowed him to use for a few days one of four rooms. the remaining three rooms continued to be in his lawful possession. even after the marriage of his sister, the complainant did not vacate the room he had taken possession of, with the permission of the accused and in this way .....
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