Court : Punjab and Haryana
Reported in : [2001]250ITR751(P& H)
..... if parliament had any intention to restrict the deduction, that could have been made in section 24 itself.'12. there is another fact which deserves notice. by the taxation laws (amendment) act, 1984, the last portion of the second proviso to sub-section (1) of section 23 was omitted. in the explanatory note, it was stated as under ( ..... referred the following question for the opinion of this court:'whether, on the facts and in the circumstances of the case, theappellate tribunal was right in law in upholding the decision of theappellate assistant commissioner in allowing the set off of loss relating tohouse property against income under the other heads for the assessment ..... however, the tribunal having accepted the assessee's claim, the commissioner of income-tax had filed three reference applications under section 256(1) of the income tax act, 1961.3. on consideration of the matter, the tribunal found that an identical question had already been referred to the high court in the case of cit .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)143CTR(P& H)269; [1997]223ITR395(P& H)
..... shri r.p. sawhney, learned senior counsel for the department, has argued that explanation 2 has been inserted in sub-section (8) of section 139 by the taxation laws (amendment) act, 1984, with effect from april 1, 1985. it has been explained in that explanation that an assessment, made for the first time under section 147 shall be regarded ..... years in the case of the present assessee are 1983-84 and 1984-85. shri sawhney has argued that, if the new explanation 2 inserted by the amending act, 1984, is treated to be only explanatory and clarificatory in nature, then the only inescapable conclusion would be that, by virtue of the ..... 215 of the act. the amendments were explicitly made effective from april 1, 1985, and, therefore, could not be made applicable retrospect tively. since it was not a case of regular assessment, no interest could be levied under the pre-amended law. 13. we, therefore, find that the question sought to be referred is not a referable question of law and is, therefore .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1999]235ITR511(P& H)
..... the court of sessions. the learned additional sessions judge referred to section 292a inserted by the taxation laws (amendment) act, 1975, and held that provisions of section 360 of the criminal procedure code, and those of the probation of offenders act do not apply to persons convicted under the income-tax act unless he is under 18 years of age. the petitioner was held to be not entitled ..... with a similar question as to whether an appeal is maintainable against the order passed by the trial court awarding the benefit of the probation of offenders act, 1958. while discussing the various facets of law, the court answered the question and in paragraph 25 held as under :'for the reasons aforementioned, our answer to the question posed in the beginning of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)204CTR(P& H)218; [2006]287ITR223(P& H)
..... in question, the assessee had concealed the facts of his income. explanation added by the taxation laws (amendment) act, 1984 w.e.f. 1st oct., 1984 provides for a special provision where search under section 132 of the ..... find that the new explanation contains the special provisions applicable to the case wliere in the course of search under section 132 of the it act, the assessee is found to be the owner of any money, bullion, jewellery or other valuable article or thing. the new explanations ..... order to get the benefit of expln. 5 of section 271(1)(c) of it act, 1961 ?e. whether, on the facts and circumstances of the case, the tribunal was justified in law in holding that the return of income should have been filed by the appellant within ..... time-limit specified under section 139(1) in order to get the benefit of expln. 5 of section 271(1)(c) of it act, 1961 ?f. whether, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)198CTR(P& H)405; [2008]296ITR164(P& H)
..... of the interpretation of proviso (iii) to section 139(1) as it existed at the relevant time. he further pointed out that by virtue of amendment made to section 139 of the act under the taxation laws (amendment) act, 1970, w.e.f. 1st april, 1971, the levy of interest under section 139 has become automatic unlike the earlier provisions which had been ..... of the act which is automatic on the return being filed late. the two authorities cited by the counsel for the ..... iii) of the proviso to section 139(1) had held that interest becomes payable only if the ito, acting on the application made by the assessee for the purpose, had extended the date of furnishing the return. however, after the amendment, the ao does not have any discretion in the matter of levy of interest under section 139(8) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1989]178ITR219(P& H)
..... omitted from the statute book with effect from april 1, 1976 ?'the matter here arises in the context of the deletion of section 274(2) of the income-tax act, 1961, by the taxation laws (amendment) act, 1975, which came into effect from april 1, 1976.in the present case, the income-tax officer completed the assessment on march 5, 1975, and thereafter made a ..... reference to the inspecting assistant commissioner on november 25, 1975. as the conclusion of the income-tax officer regarding concealment of income had been made before the taxation laws (amendment) act, 1975, came into force, the inspecting assistant commissioner cannot but be held to have been vested with the requisite jurisdiction at the relevant time. this position in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1989)80CTR(P& H)61; [1989]179ITR16(P& H)
..... be sections 139(8) and 215(3) as they stood during the assessment year 1974-75, that is, before the amendment which came into force with effect from april 1, 1985, by the taxation laws (amendment) act, 1984. the unamended and amended sections are reproduced side by side for better understanding :sections 139(8) and 215(3) as they stood prior to ..... the amendmenton 1-4-1985.the provisions as they stood on amendment made with effect from1-4-1985'139(8)(b). where as ..... 1, 1985, and the liability of interest was to be increased or reduced in the event of increase or reduction in the tax liability. we have seen the amendment act and its objects and reasons. it does not show that it was made retrospective so as to be made applicable even-for the assessment year 1974-75 with .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1973]90ITR1(P& H)
..... their income, facts which may often involve confidential matters relating to their business, without fear of the matters being disclosed to others. in 1960, by the taxation laws (amendment) act, 1960, section 59b was introduced, which provided that the commissioner of income-tax could, on an application made to him, supply information as to the amount ..... or section 26a or to the giving of evidence of a public servant in respect thereof. by section 9 of the taxation laws (amendment) act (xxviii of 1960), section 59b was inserted in the indian income-tax act, 1922, with effect from april 1, 1960, which reads as under:'59b. disclosure of information respecting tax payable.--where ..... or after the 1st day of april, 1960, if he is satisfied that there are no circumstances justifying its refusal. soon after the law was amended, and the new income-tax act, 43 of 1961, came into force on 1st april, 1962. section 137 thereof pertains to privilege attaching to the various papers concerning assessment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1989]178ITR675(P& H)
..... ?'2. the matter here arises in the context of the deletion of section 274(2) of the income-tax act, 1961, by the taxation laws (amendment) act, 1975, with effect from april 1, 1976.3. the law is now well-settled that the case would be deemed to have been referred to the inspecting assistant commissioner on the ..... recording of the conclusion by the income-tax officer that the amount of concealed income exceeded rs. 25,000, the actual reference of the case being only a ministerial act ..... to be performed by the officer. this being so, the inspecting assistant commissioner would be deemed to have been seized of the penalty proceedings the moment the said finding is recorded by the income-tax officer and the law applicable at that moment has to be applied .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1966]59ITR158(P& H)
..... confidential matters relating to their business, without fear of the matters being disclosed to others. by section 9 of the taxation laws (amendment) act, 1960 (act no. 28 of 1960), a new section 59b was introduced in the principal act, which was to the following effect :'59b. where a person makes an application to the commissioner in the prescribed ..... the 1st day of april, 1960, and was not applicable to any earlier period. the exception to section 54 of the act of 1922 as made in section 59b which was inserted by the taxation laws (amendment) act, 1960, also could be resorted to only in respect of assessments made on or after the 1st day of april, 1960 ..... it is only when there is a specific statutory provision having retrospective effect that a different law or procedure can be applied. this is clearly borne out by the various amendments made from time to time as mentioned above. thus, the taxation laws (amendment) act, 1960, was by sub-section (2) of section 1, deemed to have come into .....
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