Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 9 omission of section 4 Court: delhi Page 4 of about 16,198 results (0.242 seconds)

Aeroplane Shoe Factory Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1989)28ITD478(Delhi)

..... specifically given it could not be inferred and therefore, particularly when the learned commissioner passed the impugned orders on 2-4-1984, prior to the taxation laws (amendment) act, 1984 and the finance act, 1988, the learned commissioner could not purport to revise the assessment orders of the ito framed under compulsion in view of the mandatory provisions of ..... the case of agro exports ltd. v. ito [1988] 25 itd 46 wherein it was held that the explanation to section 263(1) as inserted by the taxation laws (amendment) act, 1984 was of a clarifioatory nature and was to have a retrospective operation though it was inserted with effect from 1-10-1984.5. we have heard the ..... the commissioner and the day on which the impugned orders were passed by him namely, 2-4-1984 were both prior to 1-10-1984 and since the taxation laws (amendment) act, 1984 was operative only prosepctively with effect from 1-10-1984, the order passed by the income tax officer could not, for the purposes of section 263( .....

Raju Bhojwani Vs. Chief Commissioner of Income Tax-xi

Court : Delhi

..... excluding the income from the export incentives. in these circumstances, it is not possible to accept the contention of the petitioner that the retrospective amendment by taxation law (amendment) act, 2005 was detrimental and had reduced the claim for deduction made by him under section 80 hhc as originally claimed. in fact, this aspect ..... has been decided that no penalty shall be levied or interest shall be charged in respect of any fresh demand raised consequent to the enactment of taxation laws (amendment) act, 2005, on account of variation in the returned/assessed income attributable to profits on sale of depb credits or dfrc. further, in such cases ..... , which was partly allowed by the commissioner of income-tax (appeals). the first appellate authority noticed that section 80 hhc had been retrospectively amended by the taxation laws (amendment) act, 2005 and the assessee was entitled to benefit of the proviso added with retrospective effect from 1st april 1998 on account of profits from .....

D.C. Dutta Vs. Commissioner of Income-tax

Court : Delhi

Reported in : [1992]197ITR490(Delhi)

..... 1, 1971, the tribunal was right in law in holding that the income-tax officer had the jurisdiction to levy the penalty under section 271(1)(c) ?' 2. ..... 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has stated the case and referred the following question of law to this court : 'whether, on the facts and in the circumstances of the case and having regard to the provisions of section 274(2) as amended by the taxation laws (amendment) act, 1970, with effect from april ..... the department filed a second appeal to the income-tax appellate tribunal. it was, inter alia, contended that section 274 was a procedural provision and the law had been amended with effect from april 1, 1971, and thereafter it is the income-tax officer who had the jurisdiction to levy the penalty. this contention was accepted .....

Kajaria Ceramics Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 128(2006)DLT385; [2007]288ITR393(Delhi)

..... annexed as annexure-1 to the writ petition. the petitioner took various steps for setting up the project. 6. subsequently, an amendment was made to section 80hh in the taxation laws (amendment and miscellaneous provisions) act, 1986 by which the explanationn to section 80hh was substituted by sub-section (11). the newly introduced sub-section (11) reads ..... -98. 2. we have heard learned counsel for the parties and gone through the record. 3. section 80hh was inserted in the income tax act by the direct taxes (amendment) act, 1974 which provided for an incentive to entrepreneurs to set up industries in backward areas. the section, inter alia, provided for a deduction of ..... the said decision is clearly distinguishable, and it has no relevance to the present case. in the present case, the law has been amended by parliament, and we cannot ignore this amendment. there was no amendment to the law in the case of state of punjab v. nestle india ltd. (supra). hence, the petitioner can derive no benefit .....

Madan Fruit Agency Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)24ITR305(Delhi)

..... the end of the financial year in which the order sought to be revised was passed.the substituted sub-section shows very important changes made in the law by the taxation laws (amendment) act, in this regard. we have abstracted sub-section (2) earlier and we would compare it with the substituted sub-section reproduced supra. we find that the power of ..... to do so. when we look at the provisions in sub-section (2) of section 263 brought on the statute book w.e.f. 1-10-1984 by the taxation laws (amendment) act, 1984 we do not find anything therein which could be interpreted as giving to the commissioner powers to review, reassessments made prior to 1-10-1984. this is so because ..... the material available on record. this order is made by the cit on 26-7-1985. on 26-7-1985 sub-section (2) of section 263 of the act stood substituted by the taxation laws (amendment) act, 1984, w.e.f.1-10-1984 as under : (2) no order shall be made under sub-section (1) after the expiry of two years from .....

Yum! Restaurants India Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (2005)196CTR(Del)435; 122(2005)DLT370; 2005(83)DRJ102; [2005]278ITR401(Delhi)

..... to the material gathered on the basis of the audit conducted by the special auditors. the law was amended and by taxation laws (amendment) act, 1974 post hearing was specifically provided to the assessed w.e.f. 1.4.1996. the law has specifically contemplated an effective post-decisional hearing to the assessed and require the authorities to comply ..... to pass a direction under section 142(2a) of the act. the legislature itself provided for furnishing of statutory audit and audit reports under different provisions of the taxation laws, but at the same time incorporated the provisions of section 142(2a) of the act empowering the assessing officer to pass a direction for special ..... accounts of the petitioner-company were accompanied by statutory audit report and test audit report prescribed under the provisions of the act itself. thus according to them, there was no occasion and the law does not permit passing of such an order. this contention is without any merit. no doubt the provisions of .....

Cit Vs. Dr. Sarjoo Parshad

Court : Delhi

Reported in : [2001]118TAXMAN41(Delhi)

..... appellate assistant commissioner held that the provisions of section 139(8)(a) were not retrospective. reference was made to paragraphs 17 & 18 of the explanatory notes on the taxation laws (amendment) act, 1978. it was further held that in view of this court's judgment in garg & co.'s case (supra), interest under section 139(1) could not ..... orders dated 20-5-1975, the income tax officer did not accept the assessor's submission. according to him, position of law regarding charging of interest under section 139 had undergone a change by amendment of section 139(8) with effect from 1-4-1972. basic change that was brought about was that interest at specified ..... appellate assistant commissioner was that section 139(8)(a) was substituted by the finance act, 1972 with effect from 1-4-1972 and, thereforee, these provisions were not retrospective. it was pleaded that position of law prior to the aforesaid amendment was that the interest for delayed returns could only be charged if extension of time .....

Ram Chand Ram Kishen Chawla Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)40ITD141(Delhi)

..... evidence are required to be appreciated on the basis of the amended law effective from april 1, 1976. it appears that the amended law is to some extent ignored while appreciating the facts of the case. explanation 1 inserted in section 271(1) with effect from april 1, 1976, by the taxation laws (amendment) act, 1975, reads as under : "explanation 1.-- where ..... in respect of any facts material to the computation of the total income of any person under this act, -- (a) such person fails to offer an explanation or offers an explanation which is ..... be borne in mind, viz., the explanation offered by the assessee must be found to be false before the penal provisions of section 271(1)(c) as amended with effect from april 1, 1976, are applicable. as i have endeavoured to point out above, the falsity of the explanation was not proved or not even .....

Commissioner of Income Tax Vs. Greevees Enterprises (P) Ltd.

Court : Delhi

Reported in : (2003)182CTR(Del)80; [2003]264ITR347(Delhi)

..... in the prescribed manner and containing such other particulars as may be prescribed, and all the provisions of this act shall apply as if it were a return under sub-section (1)'by taxation laws (amendment) act, 1970, the expression 'or within such further time which, on an application made in the prescribed manner, ..... the ito may, in his discretion, allow' was added after the expression within the time allowed under sub-section (1).subsequently by taxation laws (amendment and miscellaneous provisions) act, 1986, changes were ..... the ito was not originally granted under section 139(3), but such benefit was given by amending the provision w.e.f. 1st april, 1971. again by way of an amendment by the taxation laws (amendment and miscellaneous provisions) act, 1986, power to extend time for furnishing a return disclosing loss has been taken away .....

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

..... .09.1986 the following amendment in sub-section (1) were made.(i) in clause (a) as it was then, and clause (b), the wordswithout reasonable cause ..... 7.4 thereafter, there were amendments made in 1971, 1974, 1975, 1977 and 1984. we are not referring to the same as they are not presently very material to the issue under consideration. it would, however, be perhaps of some relevance to only note that by way of the taxation laws (amendment in misc. provisions) act, 1986 w.e.f. 10 ..... making the impugned provision operable w.e.f. 01.04.1989, does not hold good because what was sought to be achieved by the direct tax law (amendment), act 1987 was restored by direct tax law (amendment) act, 1989, in so far as clause (c) of sub-section (1) of section 271 was concerned. there is according to us no cogent reason .....