Court : Allahabad
Reported in : (1998)148CTR(All)575
..... to record a clear finding as to when the reference was made to the iac in this case. if the reference was made before 1st april, 1976, when the taxation laws (amendment) act, 1975, came into force, then the iac will be competent to levy penalty even after 1st april, 1976.with these observations, we remand the case to the tribunal, ..... for consideration is whether the iac was competent to pass the penalty order under s. 271(1)(c) on or after 1st april, 1976, because of the taxation laws (amendment) act, 1975, which became operative. in cit vs . dhadi sahu : [1993]199itr610(sc) , the supreme court has taken the view that if the reference has been made to ..... a preliminary issue that the iac w.e.f. 1st april, 1976, had no jurisdiction to levy penalty under s. 271(1)(c) in view of the amendment brought about by the taxation laws (amendment) act, 1975, which became operative w.e.f. ist april, 1976, inasmuch as s. 274(2) was deleted from the said date.3. the question that falls .....
Tag this Judgment!Court : Allahabad
Reported in : (1990)88CTR(All)207; [1991]188ITR60(All)
..... for that matter under any other provision. this is evident from a reading of explanation 2, which, as stated above, was introduced by the taxation laws (amendment) act, 1984, with effect from october 1, 1984, and omitted by the finance act, 1985, with effect from may 24, 1985 :'where any books of account, other documents, money, bullion, jewellery or other valuable article or thing belonging ..... his business and residential premises on january 31, 1985. taking advantage of explanation 2 appended to sub-section (1) of section 273a by the taxation laws (amendment) act, 1984, with effect from october 1, 1984 (which was omitted by the finance act, 1985, with effect from may 24, 1985), the petitioner purported to make a disclosure of his concealed unaccounted income before the commissioner within .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]145TAXMAN256(All)
..... whether, on the facts and in the circumstances of the case, learned tribunal was justified in law in not giving effect in the cases under consideration to the amendment to section 10(10aa) by taxation laws (amendment) act, 1984 (part 1) which has been amended retrospectively with effect from the assessment year 1978-79.'the assessment year 1983-84 is involved in the ..... v. cit : [1946]14itr561(all) .8. it may be noticed here that the clause (1)(va) was inserted by the taxation laws (amendment) act, 1984 with effect from 1-4-1978. simultaneously section 10(10aa) was inserted by the finance act, 1982 with effect from 1-4-1978. in it, at all places, 'whether on superannuation' was substituted for 'on superannuation' ..... by the taxation laws (amendment) act, 1984 with effect from 1-4-1978. section 10(10aa) as it stood at the relevant point of time provided that the receipt by way of .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]144TAXMAN504(All)
..... . whether, on the facts and in the circumstances of the case, learned tribunal was justified in law in not giving effect in the cases under considering to the amendment to section 10(10aa) by taxation laws (amendment) act, 1984 (part i) which has been amended retrospectively with effect from the assessment year 1978-79.'the assessment year 1983-84 is involved in the ..... v. cit : [1946]14itr561(all) .8. it may be noticed here that the clause (1)(va) was inserted by the taxation laws (amendment) act, 1984 with effect from 1-4-1978. simultaneously section 10(10aa) was inserted by the finance act, 1982 with effect from 1-4-1978. in it, at all places, 'whether on superannuation' was substituted for 'on superannuation' ..... by the taxation laws (amendment) act, 1984with effect from 1-4-1978. section 10(10aa) as it stood at the relevant point of time provided that the receipt by way of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1985)13ITD378(All.)
..... the learned counsel for the assessee that the original section 64(1)(ii) [corresponding to section 64(1)(iii) of the new section] before its amendment by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, roped in only that income which arose directly or indirectly to a minor child of such individual from ..... connection, he also referred to certain decided authorities.7. we have carefully considered the submissions placed before us. it is no doubt correct that various provisions in the taxation laws (amendment) act, 1975 were effective from different dates. however, section 64(1) was made effective from 1-4-1976. it, therefore, applies to the assessment year 1976- ..... income, which arose after 1-4-1976 and that this omission had no relevance to the assessment year 1976-77.referring to the various provisions in the taxation laws (amendment) act, 1975, he contended that all of them did not come into effect on 1-4-1976 but were effective from different dates and, therefore, there .....
Tag this Judgment!Court : Allahabad
Reported in : [1979]119ITR622(All)
..... assessment order. after the amendment, the limitation was changed to two years commencing from the end of the financial year in which the ..... to penalty under sections 271(1)(a) and 273(b) of the income-tax act, 1961 ?' 7. on the first question the position is well settled. section 275, which lays down the period of limitation for initiating penalty proceedings, was amended with effect from 1st april, 1971, by the taxation laws (amend.) act, 1970. previously, the limitation was two years commencing from the date of the .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)203CTR(All)167; [2008]296ITR440(All)
..... of the firm' has been defined. this apart, the effect of the introduction of the proviso to section 187(2) of the 1961 act was not under consideration in this case as it was introduced by the taxation laws (amendment) 1984 w.e.f. 1.4.1975 since the assessment related to the year 1965-66. it may further be pointed out that while ..... whether the firm has been dissolved or not has no relevance.32. the view which we are taking finds support from the proviso to section 187(2) introduced by the taxation laws (amendment) 1987 w.e.f. ist april 1975. the proviso stipulates that nothing contained in section 187(2)(a) shall apply to a case where a firm is dissolved on ..... interpreting section 187(2) of the 1961 act, this court in the cases of commissioner of income tax v. basant bihari, gopal bihari and .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]260ITR384(All)
..... time. hence, the tribunal rightly held that the provision for penalty was not attracted. moreover, the words 'without reasonable cause' have been deleted from section 271b by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from september 10, 1986. in the relevant assessment year the aforesaid words were there and the assessee had given adequate explanation for the delay in submitting ..... in the relevant assessment year it was required to obtain a copy of the audit report as per the requirement of section 44ab of the income-tax act. the specified date for obtaining the audit report was october 31, 1986, which was the extended date fixed by the central board of direct taxes. admittedly, the petitioner submitted ..... 1. this is an appeal under section 260a of the income-tax act, 1961, against the impugned order of the income-tax appellate tribunal for the assessment year 1986-87 passed on august 4, 1999.2. the assessee is a registered firm and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1983)3ITD516(All.)
..... observe here that the allahabad high court in the case of madho prasad (supra) was dealing with the provisions of section 64(1) of the act as it stood before its amendment by the taxation laws (amendment) act, 1975 with effect from 1-4-1976. the language which the court was required to interpret was that "in computing the total income of any individual ..... the admission of the minor to the benefits of partnership in a firm in which such individual is a partner;..." although there has been an amendment to the section, but it appears that there is no amendment to clause (i) of section 64(1), which reads that "in computing the total income of any individual, there shall be included all ..... carrying on a business in which individual is a partner." the words 'in which such individual is a partner' appears both in clauses (i) and (ii) before the amendment of the section. the case of the ito, therefore, was that the interpretation given by the court in the case of madho prasad (supra) before the said .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1983)3ITD278(All.)
..... heard the learned departmental representative. there was no representation from the side of the assessee. section 64(1) has been amended by the taxation laws (amendment) act, 1975 with effect from 1-4-1976. clause (ii) of section 64(1) before its amendment, laid down that in computing the total income of any individual, there shall be included all such income as arises ..... admission of the minor to the benefits of the partnership in a firm in which such individual is a partner. on the other hand, clause (iii) of the amended section 64(1), lays down that in computing the total income of any individual, ' there shall be included all such income as arises directly or indirectly to a ..... minor child of such individual from the admission of the minor to the benefits of partnership in a firm. the amendment having been effective from 1-4-1976 is also applicable to the assessment year 1976-77, which is now in dispute before me. from the above, it will .....
Tag this Judgment!