Court : Allahabad
Reported in : [1991]190ITR157(All)
..... 96 dated november 25, 1972 : [1973]91itr1(sc) , issued by the central board of direct taxes which is styled 'explanatory notes on the provision of the taxation laws (amendment) act, 1972'. among other matters, the said circular sets out the appointment and jurisdiction of valuation officers, conditions for reference to valuation officers, functions of the valuation officers and ..... after exclusion of reversionary value of land ? (2) whether, on the facts and circumstances of the case, the income-tax appellate tribunal was correct in law in holding that the question of valuation was not referred to the proper valuer and directing the wealth-tax officer to refer the valuation again to the competent ..... assessment years 1972-73, 1974-75 and 1975-76, under section 256(1) of the income-tax act, 1961 :'(1) whether, on the facts and circumstances of the case, the income-tax appellate tribunal was correct in law in holding that the value of the assessee's share in the let out portion of the assessee' .....
Tag this Judgment!Court : Allahabad
Reported in : [1992]196ITR403(All)
..... question is where the penalty proceedings were initiated by the income-tax officer for the concealment of income under section 271(l)(c) of the income-tax act, 1961, before the enforcement of the taxation laws (amendment) act, 1975, which came into effect from april 1, 1976, and the inspecting assistant commissioner levied penalty on a reference being made to him under sub-section (2 ..... . following the view taken in the aforesaid case, with which we are bound, we hold that the inspecting assistant commissioner had no jurisdiction to pass the penalty order after the amendment of the taxation laws (amendment) act, 1975, with effect from april 1, 1976, even though the proceedings for levy of penalty were initiated before the coming into force of the .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)143CTR(All)227; [1998]229ITR570(All)
..... sub-section (1) of section 179 to indicate that it refers to a private company which is under liquidation.7. section 179(1) came to be amended by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, the words 'when any private company is wound up after the commencement of this ..... act, and any tax assessed on the company, whether before or in the course of or after its liquidation, in respect of any income of any previous year' were substituted by the amending act, 1975.8. ..... bombay high court piercing into the legislative history of sub-section (1) of section 179, observed as under (headnote) :'section 179 of the income-tax act, 1961, prior to its amendment in 1975, for the first time provided that the directors of a private limited company in liquidation would be liable jointly and severally with the company for .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)193CTR(All)651; [2005]273ITR369(All)
..... which was finally imposed by the ao. while levying the penalty, the ao had relied upon the explanation to section 271(1)(c) of the act, as it stood before its amendment by the taxation laws (amendment) act, 1975. the penalty has been upheld by the cit(a). the tribunal has upheld the order levying penalty but reduced it to rs. 15, ..... 000. the tribunal while doing so, has held that the approval accorded by the iag can only be considered as instructions under section 119(3) of the act.3. ..... have concealed the particulars of his income or furnished inaccurate particulars of such income for the purposes of clause (c) of this subsection.'.6. prior to the aforesaid amendment made by the finance act, 1964, the apex court in the cases of cit v. anwar ali : [1970]76itr696(sc) and cit v. khoday eswarsa & sons : [1972]83itr369(sc) .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1991)39ITD444(All.)
..... notice, summons or other proceeding is in substance and effect in conformity with or according to the intent and purpose of this act.4. it has been pointed out that this section has been inserted by the taxation laws (amendment) act, 1975 with effect from 1-10-1975. he has pointed out that any defect in notice or mistake which, in substance, ..... and effect, is in conformity and is according to the intent and purpose of the act, will not be treated as invalid and the said mistake ..... who had gone to effect the service on 29-3-1985 itself, while there was still three days left to amend the mistake and issue a fresh notice on the legal heir within the limitation prescribed under the law. despite this information, no action was taken by the department and now the revenue tries to take shelter under .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)35CTR(All)331; [1983]144ITR954(All); [1983]15TAXMAN126(All)
..... in occupation of the property. the object is to provide an opportunity to him of being heard.11. relying upon section 292b of the i.t. act inserted by the taxation laws (amendment) act of 1975 learned counsel submitted that the defect of non-service of notice was fairly a technical objection and as such the same should not come in the ..... of jagdish mohan went unrepresented. he was not given by the competent authority a notice, which under the law he was obliged to do.8. when a statute requires that something shall be done in a particular manner or form, without expressly declaring what shall be the consequence ..... the acquisition proceedings on behalf of herself exclusively. nothing had been brought on record to show that she had any valid power on behalf of jagdish mohan. under the hindu law the guardian of jagdish mohan can be his father, jaggi ram, to whom, admittedly, no notice had been issued. it would, therefore, be seen that the case .....
Tag this Judgment!Court : Allahabad
Reported in : [1978]112ITR492(All)
..... act has been renumbered as clause (iii) and the words 'in which such individual is a partner' occurring at the ..... a firm in which such individual is a partner;.....' 5. the aforesaid portions of section 64 of the act are practically identical with the corresponding portions of sub-section (3) of section 16 of the indian income-tax act, 1922.6. however, section 64 of the act has been amended by the taxation laws (amendment) act, 1975. clause (ii) of sub-section (1) of section 64 of the .....
Tag this Judgment!Court : Allahabad
Reported in : [1981]129ITR473(All)
..... 1973 were within time and within his jurisdiction having regard to the provisions contained in sections 274 and 275 of the income-tax act, 1961, and the amendments effected to those sections by the taxation laws (amendment) act of 1970?'2. the reference relates to the years 1967-68 and 1968-69. the assessment for both these years was completed ..... , but subsequently was reopened under section 148 of the act. for the years 1967-68, it was completed on december 11, 1970, and for the year 1968-69 ..... tribunal rejected the contention that the penalty proceedings were time barred, on the view that as the limitation for passing the penalty order had been extended by an amending act with effect from april 1, 1971, i.e., before the limitation under the unamended section 275 had run out, the orders were within limitation. it, however .....
Tag this Judgment!Court : Allahabad
Reported in : [1979]119ITR248(All)
..... the reasons given in these decisions, we are not prepared to accept them. in our opinion, interest is payable under the provisions as they stood prior to their amendment by the taxation laws (amendment) act, 1970, for late filing of the returns even though the assessee had made no application for extension of time. the principal submission by mr. gulati appearing for ..... february 15, 1969. in both these years, the assessee did not apply to the ito for extension of time either under section 139(1) or (2) of the act. 3. the ito charged interest for late filing of the return. this view was confirmed on appeal. the assessee took the matter to the tribunal. the tribunal accepted ..... years. in substance, the question is whether interest is payable for late filing of the return in spite of service of notice under section 139(2) of the act and without application for extension of time and without any order by the ito extending the time for filing the return. for the assessment year 1964-65, the return .....
Tag this Judgment!Court : Allahabad
Reported in : (1980)16CTR(All)147; [1980]123ITR825(All); [1980]3TAXMAN584(All)
..... , which laid down the period of limitation of two years commencing from the date of the assessment order for initiating penalty proceedings was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, enlarging the period of limitation to two years commencing from the end of the financial year in which the assessment order was passed. ..... it was held that the prescription of the period of limitation being a matter of procedure, any amendment in this regard will be retrospective in the sense that it will .....
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