Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 9 omission of section 4 Page 12 of about 131,397 results (0.902 seconds)

Commissioner of Wealth Tax Vs. Smt. Jamuna Devi.

Court : Allahabad

Reported in : (1992)102CTR(All)95

..... matter to the iac to impose penalties on the assessee for each of those years. in appeal before the tribunal, the assessee contended that in view of the amendment by the taxation laws (amendment) act, 1975, w.e.f. 1st april, 1976, the iac had no jurisdiction to impose the penalty as the order had been passed in march, 1977. the ..... iac on 28th october, 1977, i.e., after the date he ceased to be the 'competent authority' and was divested of the jurisdiction in view of the amendment made by the taxation laws (amendment) act, 1975, w.e.f. 1st april, 1976, in our opinion, the iac had no power to pass the impugned penalty orders under s. 18(1)(c) ..... iac & anr. : [1983]142itr101(all) and cit vs . lal chand jain : [1989]180itr448(all) . in the last mentioned case, it was held that by the amendment brought about by the taxation laws (amendment) act, 1975 the legislative intention was to destroy the continuance of the power of the iac even in respect of the matters which had already been referred to him .....

Commissioner of Income Tax Vs. D. Pushpam Ammal

Court : Chennai

Reported in : [1997]225ITR47(Mad)

..... vs . cit : [1993]203itr885(sc) , the supreme court, while considering the provisions of s. 271(1)(c) and s. 274(2) [before and after amendment by the taxation laws (amendment) act, 1970], held as under : 'penalty for concealment of particulars of income or for furnishing inaccurate particulars of income can be imposed only when the assessing authority is satisfied that ..... been levied by the iac, since the levy of penalty of rs. 10,000 was above rs. 1,000 as per the law as it stood earlier to the amended provision of s. 274(2) by the taxation laws (amendment) act, 1970, w.e.f. 1st april, 1971. it was, therefore, submitted that the tribunal was not correct in cancelling ..... 1974. thereafter the penalty proceedings were initiated under s. 271(1)(c) of the act. the penalty was levied at rs. 10,000. sec. 274(2) of the it act, 1961, was amended by the taxation laws (amendment) act, 1970, w.e.f. 1st april, 1971. as per the amended provision, the ito can levy penalty up to rs. 25,000. in the present .....

Berlia Chemicals and Traders (P) Ltd. Vs. Asstt. Cit

Court : Mumbai

Reported in : (2002)76TTJ(Mumbai)974

..... co. v. cit : [1990]183itr1(sc) . in that case, the supreme court was dealing with the provisions of section 40(b) and with explanation 1 inserted by the taxation laws (amendment) act, 1984, in clause (b) of section 40. one of the arguments advanced on behalf of the assessee was that the insertion of explanation 1, though later in point of time ..... of lease rental. in the process, if assessee gets tax sops to which it is entitled under the law, it cannot be described as a colourable device. when the seller of the asset has offered rs. 26 lakhs for taxation as short-term capital gain and when the lease rentals earned by the assessee have suffered tax, it is ..... as a change in the law as it then obtained,'in the present case also, memorandum explaining the provisions in finance (no. 2) bill, 1996, through which explanation 4a was inserted to section 43(1), makes it expressively clear that the amendment will come into effect from 1-4-1997 and will, accordingly, apply in relation to assessment .....

Oil India Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... also incidentally answered in the negative. the levy of cess having been struck down and the various schemes initiated on such projections having come under a cloud the west bengal taxation laws (2nd amendment) act, 1989 was enacted. the cess, this time, was imposed on each kilogram of green leaf produced in the tea estate. the arguments advanced in support of the challenge must ..... specifically stipulated. these are the broad features of the statutory provisions that must be kept in mine while proceeding to consider the question of constitutional validity of the assam taxation (on specified lands) (amendment) act, 2004 as raised by the parties to the present proceedings.7. having noticed the broad features of the various legislations relevant to the question arising in the writ .....

Straw Products Limited Vs. Income-tax Officer, 'A' Ward and Ors.

Court : Madhya Pradesh

Reported in : AIR1967MP34; [1967]63ITR689(MP)

..... the two sums allowed shall only be taken into account.' 4. the ordinance of 1949 was replaced by the taxation laws (extension to merged states and amendment) act, 1949, (hereinafter referred to as the 1949-act). section 3 of this act extended inter alia the indian income-tax act, 1922, along with all the rules and orders made thereunder, to all the merged states with effect from ..... exercise of its powers under section 6 of the 1949-act passed another order called the taxation laws (merged states) (removal of difficulties) (amendment) order, 1962, (hereinafter referred to as the 1962-order). this order runs as follows: '1. this order may be called the taxation laws (merged states) (removal of difficulties) (amendment) order, 1962. 2. in the taxation laws (merged states) (removal of difficulties) order, 1949. after the .....

Shankaranarayana Construction Co. and ors. Vs. State of Karnataka and ...

Court : Karnataka

Reported in : (2005)193CTR(Kar)107; [2004]270ITR356(KAR); [2004]270ITR356(Karn)

..... no. 11258 of 1998 (see : [1999]239itr902(kar) in this court in which they assailed the constitutional validity of the kait act, 1957, as amended by the karnataka taxation laws (amendment) act, 1994, and a declaration that the petitioner-firm was entitled to set off the unabsorbed loss allocated to its partners during the preceding ..... same bench following the order passed in the earlier writ petition. in the said petitions, apart from challenging the constitutional validity of the amended provisions of the karnataka taxation laws (amendment) act, 1994, the petitioners had sought a declaration that the firm is entitled to set off the unabsorbed losses allocated to its partners ..... unabsorbed losses to the extent of rs. 1,18,56,221.6. appearing for the appellants mr. naganand, learned senior counsel, argued that the karnataka taxation laws (amendment) act, 1994, had omitted sections 19a, 19b, 19c and subjected registered firms to a uniform tax rate of 40 per cent, on their total agricultural .....

Lohia Machines Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1985SC421; (1985)1CompLJ249(SC); (1985)44CTR(SC)328; [1985]152ITR308(SC); 1985(1)SCALE115; (1985)2SCC197; [1985]2SCR686

..... the undertaking" by reason of sub-rule (3) of this rule. 3. the taxation laws (amendment) ordinance 1949 was replaced by the taxation laws (extension to merged states and amendment) act, 1949 which came into force on 31st december 1949 and by section 13 of this act, section 15c was continued and though some minor modifications were made, sub-section ( ..... to be ignored." the first time that a provision of this kind was introduced in the indian income tax act, 1922 was by the taxation laws (amendment) ordinance 1949 when section 15c was added in that act with effect from 31st march 1949. sub-section (1) of section 15c exempted a part of the profits ..... of profits of a newly established undertaking for five assessment years as specified therein. this section was inserted in the act in 1949 by section 13 of the taxation laws (extension to merged states and amendment) act 1949 (act 67 of 1949), extending the benefit to the actual manufacture or production of articles commencing from a prior date, .....

V.R. Ayodhya Naidu Vs. State of Madras

Court : Chennai

Reported in : AIR1965Mad349; (1965)1MLJ308

..... . by this petition he seeks a rule forbidding the state of madras, the respondent, form giving effect to the provisions of the madras motor vehicles (amendment) act, act ix of 1962. the madras motor vehicles taxation act, 1931, by s. 4(1) provides that the state government may, by notification in he official gazette from time to time, direct that a ..... supreme court in khyerbari tea co., ltd. v. state of assam, : [1964]5scr975 , where it was observed :'it is, of course, true that the validity of tax laws can be questioned in the light of the provisions of arts. 14, 19 and 301 if the said tax directly and immediately imposes a restriction in the freedom of trade ..... is in conflict with that privilege, and is, therefore, inconsistent with the provisions of the motor vehicles act.i think there is no substance in this contention. s. 42 of the motor vehicles act does not say that notwithstanding any other law, a person who is given a permit under that provision, would be entitled to run his vehicle .....

Parshava Properties Ltd. and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1982Cal202,86CWN420

..... of the constitution. the rule, therefore, succeeds and is made absolute upon a declaration that the 'west bengal urban land taxation laws (2nd amendment) act, 1977 in so far as it amends west bengal urban land taxation act, 1976 is unconstitutional and void.' 3. there will be no order as to costs in this rule. 4. the ..... the provisions of the said west bengal taxation laws (2nd amendment) act, 1977 is ultra vires articles 14 and 19 of the constitution. the petitioners contend that the west bengal urban land taxation act, 1976 and the west bengal taxation laws (2nd amendment) act, 1977 in so far as the latter act amends the former act and in particular section 4 thereof makes ..... instant rule the petitioners have asked for appropriate writs commanding the respondents not to give any effect to the west bengal taxation laws (2nd amendment) act, 1977, in so far as the same amends the former act in the matter of payment of land tax or urban land tax by the petitioners in respect of the properties .....

Commissioner of Income-tax Vs. P.R.S. Oberoi

Court : Kolkata

Reported in : (1990)84CTR(Cal)191,[1990]183ITR103(Cal)

..... credit, free of interest or at a concessional rate. this aspect has been recognised by the statute itself and to bring such items in the net of taxation, the law was amended by the taxation laws (amendment) act, 1984. by this amendment, as already indicated, a new sub-clause (vi) was inserted in section 17(2) and, similarly, another sub-clause (vi) was inserted in clause (b) of ..... an employee receives loan for certain prescribed purposes either free of interest or at a rate which was lower than the specified rate. however, subsequently, the finance act, 1985, omitted the aforesaid amendments made by the taxation laws (amendment) act, 1984, with effect from the date of its insertion, namely, april 1, 1985, with a view to provide relief to salaried taxpayers. the very fact that .....