Court : Kolkata
Reported in : [1980]122ITR72(Cal)
..... even if reasons have been recorded, they are no reasons at all. the petitioners have also argued on the constitutional validity of chap. xxa, as added by the taxation laws amendment act, 1972, and contended the same to be violative of articles 19(1)(f) and (g), 31 and 31a of the constitution ofindia. it has been categorically ..... of a clandestine deal to evade tax is not foreign to the law of income-tax. parliament was initially satisfied with the levy of penalty. by experience it appeared that that was not sufficient to meet the growing evil. consequently, the amending act was passed. the amending act, in these circumstances, could not be held to be beyond the ..... beyond the purview of the entry and, therefore, parliament had no legislative competence to enact the amending act of 1972 which introduced chapter xxa. the ambit of each entry is of the widest amplitude and law is settled beyond doubt that, if by the pith and substance test, the legislative entry supports legislation, a statute is .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]195ITR742(Cal)
..... we intend to dispose of the case on merits.7. the question is whether the assessee is entitled to depreciation in respect of the premises in question.8. the taxation laws (amendment) act, 1970, inserted section 32(1a) entitling a lessee of a building to depreciation in respect of any construction of any structure by way of renovation or extension or ..... to him which is used for the purposes of his business or profession. under a new sub-section (1a), inserted in section 32 by section 5 of the amending act, with effect from april 1, 1971, provision has been made for the grant of depreciation on capital expenditure incurred by the assessee for the purpose of his business ..... building held by him under lease, where he carries on his business or profession. the language of the said sub-section as it stood before its deletion by the amendment act of 1986 with effect from april 1, 1988, is as follows :'where the business or profession is carried on in a building not owned by the assessee but .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]126ITR804(Cal)
..... , when the amending act came into force is as follows :'if a person makes a statement in any verification under this ..... an offence unders. 23(1 a) of the foreign exchange regulation act, 1947, under which imprisonment was not compulsory.8. in the instant case, we are concerned with the assessment year 1974-75. section 70 of the taxation laws (amendment) act, 1975, further amended section 277 of the act. the section as it stood with effect from october 1, 1975 ..... , be borne in mind that section 277 of the act, as it then stood, prescribed punishment of simple imprisonment extending to six months or with fine extending to rs. 1,000 or with both. this was the law till march 31, 1964, whereinafter it was amended and imprisonment was made compulsory. moreover, the madras high .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)94CTR(Cal)225,[1992]193ITR655(Cal)
..... of addl. cit v. misrimul sowcar : [1979]119itr123(mad) , the madras high court examined the scope of section 64 (iii) of the income-tax act, 1961, as it stood before its amendment by section 13 of the taxation laws (amendment) act, 1975, with effect from april 1, 1976.in the case of s. srinivasa v. cit : [1967]63itr273(sc) , the appellant, s. srinivasan, ..... accounts of the minor has been clubbed in the hands of the assessee by relying on section 64(1)(iii). evidently, this has been done because of the amendment to the law brought about with effect from january 1, 1976. the appellate assistant commissioner agreed with the income-tax officer.counsel for the assessee contended that, in view of the ..... suhash chandra sen j. - the tribunal has referred the following question of law to this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, and on a correct interpretation of section 64 (1) (iii), the interest credited to the account .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1987)23ITD204(Kol.)
..... to the assessment year.4. we have carefully considered the contentions of the authorised representatives for the parties. section 80v of the act was inserted w.e.f. 1-4-76 by the taxation laws (amendment) act, 1975. so if this section provides deduction of interest as claimed by the assessee, the earlier order of this tribunal for the ..... authorised representative for the assessee argued that under section 80v of the income-tax act, 1961 (hereinafter referred to as 'the act') the assessee is entitled to the deduction of the said interest. he further submitted that this section was introduced by the taxation laws (amendment) act, 1975 w.e.f. 1-4-1976 and as such could not be ..... considered by the tribunal in the appeal for the earlier assessment year. so he contended that in view of the change in law, the assessee is entitled to the deduction claimed. opposing .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)92ITD148(Kol.)
..... of cross-objections referred to in sub-section (4) be accompanied by a fee of one hundred rupees." subsequently, the fee was enhanced to rs. 125 by the taxation laws (amendment) act (1970) finance act,1981 further enhanced the court fee to rs. 200 w.e.f. ist june, 1981. the basis for payment of the fee for filing appeals to the tribunal was ..... , appeals are also filed on issues such as tds defaults, non-filing of returns, etc. which may not have any nexus with the assessed income. the act, therefore, has amended section 249 of the it act to provide a fee of rs. 250 for appeals before the cit(a) and rs. 500 for appeals before the tribunal for the residuary group of appeals ..... the date of initiation of assessment proceedings. section 253(6), as it stood upto 31^st may, 1992, prior to its amendment by finance act, 1992, provided that the memorandum of appeal in form no. 36 was to be accompanied by the specified amount of fee as under: "(a) in a case .....
Tag this Judgment!Court : Kolkata
Reported in : [1995]214ITR326(Cal)
..... also came into operation with effect from october 1, 1975, by virtue of section 73 of the taxation laws (amendment) act, 1975. as a result of the provisions of these sections any transfer during the pendency of the proceeding under this act or after completion thereof will be void if the purpose of the transaction was to evade tax ..... be decided in some other proceedings.3. it is well-settled that the statutory authority cannot exercise the powers beyond the statutory provisions. under the income-tax act, there is no bar against transfer of property by husband to wife. if the transfer is without any consideration or for inadequate consideration then certain consequences follow ..... value of the property in dispute. mr. murarka, on behalf of the purchaser of the property, has contended that the provisions of the benami transactions (prohibition) act, 1988, made it clear that the transaction being benami in the name of the wife could not be attached by the tax recovery officer. the provisions of .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]139ITR498(Cal)
..... v. ito . in this context, it was observed as follows (p. 250):'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 the assessee ..... of national hotel and dilkusha cabin v. ito : [1977]107itr559(cal) , a single judge of this hon'ble court held that prior to the amendment of section 139 of the act by the finance act, 1972, with effect from april 1, 1972, on the construction of the section, it has got to be held that in a case where the ..... , reduced by the advance tax, if any, paid or by any tax deducted at source, as the case may be. ' it appears that as a result of the amendment by the finance act, 1972, the provisions of section 139 were altered after april 1, 1972. the said provisions were to the following effect:' 139. (1) every person, if his total .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)50CTR(Cal)340,[1985]155ITR291(Cal)
..... the total income finally assessed. so the ito, according to the tribunal, was correct in applying the explanation to section 271(1)(c) of the act as it stood before its amendment by the taxation laws (amendment) act, 1975.4. the tribunal further observed that the principles laid down in the case of rahmat development & engineering corporation v. cit : [1981]130itr602( ..... had failed to return the correct income. so the tribunal further observed that under the explanation to section 271(1)(c) (as it stood before its amendment with effect from april 1, 1976), such failure to return the correct income had to be deemed to be concealment of particulars of his income or furnishing ..... tribunal, therefore, confirmed the levy of penalty.5. on the aforesaid facts, at the instance of the assessee, the following questions of law have been referred under section 256(1) of the act to this court :'(1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)28ITD177(Kol.)
..... act and it failed to pay the deducted amounts to the credit of the central government. under the said circumstances, the ..... 9 per cent to 12 per cent by the finance act, 1972 with effect from 1-4-1972 and the 12 per cent was substituted for 15 per cent by the taxation laws (amendment) act, 1984 with effect from 1-10-1984. the assessee admittedly deducted tax under sections 192 to 194 of the ..... failed to deposit to the credit of the central government. section 201 (1a) of the act was introduced by the finance act, 1966 with effect from 1-4-1966. the rate of interest at 6 per cent was substituted for 9 per cent by the taxation laws (amendment) act, 1967 with effect from 1-10-1967. the rate of interest was again enhanced from .....
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