Court : Kerala
Reported in : [1987]168ITR793(Ker)
..... of the inspecting assistant commissioner to impose penalty after section 274(2) was omitted with effect from april 1, 1976, as per section 65 of the taxation laws (amendment) act, 1975. the tribunal, by its order dated march 1, 1980, has set aside the order imposing penalty on the ground that the inspecting assistant commissioner ..... shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.'sub-section (2) of section 274 was substituted by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, and the sub-section, after its substitution, reads:'(2) notwithstanding anything contained in clause (iii) of sub-section ..... clauses (a), (b) or (c) during the course of the assessment proceedings. section 274(2) as it stood prior to its deletion by the taxation laws (amendment) act, 1975, had conferred the powers of the income-tax officer on the inspecting assistant commissioner and the income-tax officer was required to refer the case to .....
Tag this Judgment!Court : Kerala
Reported in : (1987)59CTR(Ker)143; [1986]160ITR588(Ker)
..... on the assessee within the limits prescribed thereunder. the tribunal has, however, cancelled that part of the penalty also on the ground that section 140a(3) as amended by the taxation laws (amendment) act, 1970, was held ultra vires and void by a division bench of the madras high court in the decision in a. m. sail maricar's case ..... appellate tribunal. the tribunal held that the cancellation of penalty for the period after april 1, 1976, is perfectly valid in the light of the amendment of section 140a as per the taxation laws (amendment) act, 1975, that had come into force on april 1, 1976. the penalty relating to the earlier period up to march 31, 1976, was ..... maricar's case : [1973]90itr116(mad) , regarding the validity of section 140a(3) of the income-tax. act as amended by the taxation laws (amendment) act, 1970, has not been accepted and sub-section (3) of section 140a of the act had been held to be perfectly valid and not violative of article 19(1)(f) of the constitution. counsel .....
Tag this Judgment!Court : Kerala
Reported in : [1973]91ITR438(Ker)
..... enactments relating to indian income-tax;'. 11. the enactment now in force relating to indian income-tax is the income-tax act, 1961, and after amendment of the definition of agricultural income in that act by taxation laws (amendment) act, 1970 (42 of 1970), the definition is altered so as not to exclude income derived from lands which are not ..... from these lands cannot be 'agricultural income ' as defined in the income-tax act, 1961 (43 of 1961) (prior to its amendment by the taxation laws (amendment) act, 1970 (42 of 1970)), or in the kerala agricultural income-tax act, 1950 (12 of 1950) (prior to its amendment by kerala ordinance, 1971 (no. 11 of 1971)). 3. the petitioner was ..... number of cases. 9. the attack on the vires of the provisions of kerala act 12 of 1971 is three-fold. it is stated that it is not open to parliament which enacted the taxation laws (amendment) act, 1970, or the state legislature which passed kerala act, 12 of 1971, to define ' agricultural income ' in such a way .....
Tag this Judgment!Court : Kerala
Reported in : [1980]123ITR159(Ker)
..... our opinion, viz. :' whether, on the facts and in the circumstances of the case, the appellate tribunal is correct in law in holding that section 275 of the income-tax act, 1961, as amended by the taxation laws (amendment) act of 1970, is applicable to the case and the proceedings are not barred by limitation '2. the assessment years with which we are ..... provided the time-limit within which proceedings for imposition of penalty had to be completed was amended by the taxation laws (amendment) act, 1970 (42 of 1970), with effect from 1st april, 1971, and that after the amendment the section permitted penalty proceedings to be completed, inter alia, within two years of the completion of the assessment order. (this seems to be ..... is the provision for the imposition of penalty and which provided the time-limit, was amended by the taxation laws (amendment) act, 1970 (42 of 1970), with effect from 1st april, 1971, enlarging the period of two years to a period of two months from the end of the .....
Tag this Judgment!Court : Kerala
Reported in : (1986)57CTR(Ker)345; [1986]158ITR717(Ker)
..... the default in payment of tax within thirty days after the filing of the return was a continuing default on the date on which the amendment as per the taxation laws (amendment.) act, 1975, came into force. the default continued until actual payment was made on receipt of notice of penalty proceedings. the defaults in respect ..... provided that before levying any such penalty, the assessee shall be given a reasonable opportunity of being heard.' 7. section 140a was amended by the taxation laws (amendment) act, 1975, with effect from april 1, 1976. the amended sub-sections (1) and (3) of section 140a are extracted below :'140a. (1) where any tax is payable on the ..... case. the default that can be dealt with under sub-section (3) of section 140a, after its amendment, as per the taxation laws (amendment) act, 1975, is different from the default contemplated in sub-section (1) prior to its amendment.13. we are, therefore, clearly of the view that the default of compliance with the requirements of sub .....
Tag this Judgment!Court : Kerala
Reported in : (2001)166CTR(Ker)268; [2001]247ITR541(Ker)
..... . 46 of 1986 with effect fromseptember 10, 1986. prior to that, the structure of section 271(1) was drastically changed by the taxation laws (amendment) act, 1975. explanation 1 to section 271(1)(c) was added. it provides that where in respect of facts material to the computation of the total ..... 1 will not be applicable. as is clear from the explanatory notes relating to the amendments by the taxation laws (amendment and miscellaneous provisions) act, 1986 (act 46 of 1986), the inadequacy of the explanation added by the finance act, 1964, led to the subsequent substitution by the 1975 amendment act, of four explanations. as per the proviso, which was in force at the relevant ..... hereinafter referred to as 'the tribunal'), under section 256(1) of the income-tax act, 1961 (in short, 'the act'), for the opinion of this court :'1. whether, on the facts and in the circumstances of the case, the tribunal is right in law and fact in cancelling the penalty under section 271(1)(c) sustained by the .....
Tag this Judgment!Court : Kerala
Reported in : [1974]96ITR577(Ker)
..... court in smt, kusum kumari v. union of india, : [1972]85itr19(all) . 12. it has already been noticed that while section 221(1), as amended by the taxation laws (amendment) act, 1970, specified the income-tax officer as the authority who could direct the payment of penalty, such authority was not mentioned in the section prior to its ..... any such penalty the assessee shall be given a reasonable opportunity of being heard. '4. this was amended by the taxation laws (amendment) act, 1970. section 38 of the said act substituted for the origional sub-section (1) of section 221 of the income-tax act, the following sub-section : ' (1) when an assessee is in default or is deemed to ..... part of the defendant, or of some one whom he has put in his place to act for him, generally, or in the particular matter, in order to constitute an offence.'22. section 221, as it stands amended by the taxation laws (amendment) act, 1970, has a proviso which restricts the power of the income-tax officer to impose penalty .....
Tag this Judgment!Court : Kerala
Reported in : [2000]243ITR294(Ker)
..... that once the inspecting assistant commissioner was seized of the matter, he did not lose seisin thereof on account of deletion of sub-section (2) of section 274 by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, and the inspecting assistant commissioner did not lose the jurisdiction to continue with the proceedings pending before him on march 31, 1976. he ..... the tribunal of first instance and that a vested right of appeal would not be dislodged by enactment of the new act.6. in issac's case : [1987]168itr793(ker) , it was observed that after the amendment to section 274 by the taxation laws (amendment) act, 1975, by deletion of sub-section (2) thereof, the inspecting assistant commissioner, is divested of the jurisdiction of the income .....
Tag this Judgment!Court : Kerala
Reported in : (1980)14CTR(Ker)154; [1980]122ITR272(Ker)
..... had the use of the money. (we notice that this position has now been changed with the insertion of section 244(1a) into the statute by the taxation laws (amendment) act, 1975, with effect from 1st october, 1975). could the position have been any the different where the appropriation towards tax liability was made by adjustment from or ..... shall be refunded.'11. mark the difference--while the liability of the assessee to pay interest under sub-section (1) of section 215 of the act is subject to subsequent corrections, amendments or results of appeal, revision or reference, if any, the liability of the central government to pay interest under section 214(1) is not ..... act) has been amended from time to time, and they give us an insight into the mind of the legislature on the principle adopted in the matter of payment of interest on advance tax paid in excess. the legislative history pertaining to the advance tax also strengthens our conclusion that the intention of the legislature, as the law .....
Tag this Judgment!Court : Kerala
Reported in : [1985]152ITR691(Ker)
..... of rs. 76,000. the assessee took the matter in appeal before the tribunal and one of the principal contentions urged was that in view of the amendment effected to section 274(2) by the taxation laws (amendment) act, 1975, with effect from april 1, 1976, the iac had no jurisdiction to impose the penalty in the instant case and it was only the assessing ..... , cochin bench, has referred to this court, under section 256(1) of the i.t. act, 1961 (for short 'the act'), the following question of law :'whether the inspecting assistant commissioner had jurisdiction to impose the penalty in question under section 271(1)(c) after the amendment by the taxation laws (amendment) act, 1975, vesting the power to impose the penalty on the assessing authority with effect from .....
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