Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 9 omission of section 4 Court: income tax appellate tribunal itat cochin Page 1 of about 72 results (0.181 seconds)

income-tax Officer Vs. Dianond Cartons.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1990)34ITD438(Coch.)

..... 7th edition) : "1970 - the aforesaid clause (ii) of the proviso to sub-section (7) was substituted by the one at present by the one at present by the taxation laws (amendment) act, 1970 with effect from 1 april, 1971. the scope and effect of this substitution was explained by the board in the circular as under : "procedure for grant of registration to ..... (j) having regard to what has been stated by the kerala high court, as to repeat, the "well-established principle that where a court or tribunal acts under an appealable provision of law and passes an order, a party is not deprived of the right of appeal, though, in facts, that order should not have been passed under that ..... such an order lay to the aac. this court in these decisions proceeded on the basis of the "well-established principle that where a court or tribunal acts under an appealable provision of law and passes an order, a party is not deprived of the right of appeal, though, on facts, that order should not have been passed under .....

Assistant Commissioner of Income Vs. Norasia Lines (Malta) Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (2007)292ITR31(Coch.)

..... the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000), as amended by the taxation laws (amendment) act, 2000 (1 of 2001), and the assessee has paid the amount of shortfall, on or before the 15th day of march, 2001 in respect ..... the tax due on the returned income where such shortfall is on account of increase in the rate of surcharge under section 2 of the finance act, 2000 (10 of 2000) as amended by the taxation laws (amendment) act, 2001 (4 of 2001) and the assessee has paid the amount of shortfall on or before the 15th day of march, 2001 in ..... itd 269 (del) (sb). after elaborated discussion, the bench held as under: sections 234a and 234b were inserted by the direct tax laws (amendment) act, 1987 w.e.f. 1st april, 1989. the sections were amended by the direct tax laws (amendment) act, 1989 w.e.f. 1st april, 1989. a perusal of the circular no. 549 dt. 31st oct., 1989 shows that those .....

Rev. Father Prior, Sacred Hearts Vs. Income-tax Officer,

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : 195630ITR451(Coch.)

..... supervision. the provision relating to reference to the high court applies only to orders of the appellate tribunal. under the taxation laws (extension to merged states and amendment) act, 1949, (section 7) any reference in the law of any merged state to an officer, authority, tribunal or court shall be construed as a reference to the corresponding ..... tax on these donations was stated thus by the income-tax officer : "it was put forward to the assessees advocate that by the amendments introduced to the act by the amendment act xxii of 1122, these donations fall under the head, voluntary contributions and as such they fall liable to be taxed. in fact, this ..... officer, authority, tribunal or court appointed or constituted under the indian act, and if any question arises as to who such corresponding .....

Rajeswari Export House Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1988)25ITD379(Coch.)

..... taken the view that the iac ceased to have jurisdiction to impose penalty under section 271(1)(e) of the income-tax act after sub-section (2) of section 274 was omitted by the taxation laws (amendment) act, 1975. since the appeal is even now pending before the first respondent tribunal, the petitioner seeks a direction for its disposal ..... the question was whether the inspecting assistant commissioner had jurisdiction to impose penalty under section 271(1)(e) of the income-tax act after sub-section (2) of section 274 was omitted by the taxation laws (amendment) act, 1975 which came into force on 1-4-1976. this court following an earlier division bench decision in itr 1 of ..... the opinion of the hon'ble high court of kerala : whether, notwithstanding the omission of section 274(2) of the income-tax act of 1961 by section 65 of the taxation laws (amendment1) act of 1975 with effect from 1-4-1976, the inspecting assistant commissioner had jurisdiction to levy penalty under section 271(1)(c) for .....

Alexander George Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1998)67ITD334(Coch.)

..... asstt. commissioner to continue the proceedings pending before him on 31st march, 1976, by virtue of the deletion of sub-section (2) of section 274 of the it act by the taxation laws (amendment) act, 1975 w.e.f. april 1, 1976. the supreme court held that even after the omission of sub-section (2) of section 274 with effect from 1 ..... -4-1976, the iac, was competent to continue with the proceedings and pass appropriate orders. in that context the court observed : "the general principle is that a law which ..... case of manuiendra dutt v. purnendu prosad roy chowdhury air 1967 sc 1419 which was a case of deletion of section 29 of the calcutta thika tenancy act, 1949, by the amendment act of 1953. it was held by the supreme court that by virtue of the said deletion, the controller before whom the proceeding was pending was not .....

Joseph John Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1983)3ITD571(Coch.)

..... cases, the iac had the power to levy penalty.11. the question as to whether by reason of the amendments made to section 274(2) by the taxation laws (amendment) act, 1970, with effect from t-4-1971 and again by the taxation laws (amendment) act, 1975, with effect from 1-4-1976, the jurisdiction, which had already become vested in the iac ..... who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.the above provision was deleted by section 65 of the taxation laws (amendment) act, 1975, with effect from 1-4-1976. but a provision was incorporated in clause (iii) of section 271(1) requiring the ito to obtain sanction of ..... the iac could not have levied penalty after 1-4-1976 and that only the ito could have levied the same. he emphasised the fact that the taxation laws (amendment) act, 1975, which deleted section 274(2) did not provide for any saving clause and consequently the reference made to the iac by the ito earlier became abated .....

income-tax Officer Vs. V.S. Kumaraswamy Reddiar

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1984)7ITD563(Coch.)

..... .9. we have carefully considered the matter. the present matter relates to the assessment year 1973-74 and it is, therefore, governed by section 64 prior to its amendment by the taxation laws (amendment) act, 1975. section (1) of section 64 as it stood at the relevant time, omitting the explanation, which is not relevant for the purpose, reads thus : (1 ..... of the department has to fail because of the absence of the words 'directly or indirectly' in clause (v). (it may be noted that after the amendment of section 64 by the taxation laws (amendment) act, 1975, clause (v) has been renumbered as clause (vii) and it contains the words 'directly or indirectly'. but as already stated, this is not ..... taken by the department in the two appeals are common and are to the effect that the aac erred in holding that section 64 of the income-tax act, 1961 ('the act') will not apply to transfers of certain assets by the two assessees and, consequently, in deleting a sum of rs. 45,324 included in the .....

income-tax Officer Vs. Bakul Cashew Co.

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1989)28ITD197(Coch.)

..... previous approval of the iac. there is no dispute that the penalty in the present case has been levied under the provisions of section 271(l)(c) as amended by the taxation laws (amendment) act of 1975 which came into force from 1-4-1976. we set out below the relevant portion of section 271(l)(c) and clause (in) together with ..... on by them.10. we are concerned in the present appeal with the levy of penalty under section 271(l)(c) of the income-tax act, 1961 for the assessment year 1976-77. by the taxation laws (amendment) act of 1975 clause (iii) and explanations 1 to 4 were substituted for the original clause and its explanation with effect from 1-4-1976. ..... as a result of these amendments, penalties have to be levied with reference to the amount of tax sought to be evaded by reason of the .....

Assistant Commissioner of Income Vs. Mrs. K. Vasantha

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1998)62TTJ(Coch.)344

..... legal fiction of this new exp1n. 5 is correctly applied and in order to plug the loophole in the provisions of s. 271(l)(c) of the act, expln. 5 has been inserted by the taxation laws (amendment) act, 1984, w.e.f. 1st oct., 1984. he has also submitted that the assessee had failed to explain the source for the acquisition of assets. he ..... further submitted that as per s. 271(l)(c)(b) the existing expln. 5 to s. 271(l) of the it act, is that, "if at the time of ..... cases where the assessee has no intention to fabricate any evidence and he includes in his return the income out of which such assets have been acquired. hence, by the amending act, it has been provided that if an assessee in such cases makes a statement during the course of the search admitting that the assets found at his premises or under .....

K. Vinod Kumar Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Cochin

..... court has held as under: in this connection, it may be mentioned that the explanation below section 23(1) was inserted by the taxation laws (amendment) act, 1976, with effect from the assessment year 1976-77 simultaneously with the amendment of sub-section (1). the tribunal is correct to the extent that the arrears of rent of a past year are not assessable ..... the assessment year, the assessee received the arrears of rent amounting to rs. 2,60,000 pertaining to the earlier year, but he did not offer the same for taxation. the contention of the assessee was that the amount of the c arrears of rent received relating to the earlier year are not taxable and section 25b to tax ..... as actual rent from the house property in the year in which it is received. the tribunal, however, gave the receipt the complexion of income from other sources so as not to let it escape taxation .....