Court : Mumbai
Reported in : [2001]248ITR723(Bom)
..... the sum for which the property might reasonably be expected to be let from year to year. in our view, this later insertion of clause (b) by the taxation laws (amendment) act, 1975, is meant to cover a case where the rent per annum actually received by the owner is in excess of the fair rent or the standard rent under ..... is the basis to determine the annual value of a property. this was the sole basis prior to the assessment year 1975-76. however, after the amendment of section 23(1) by the taxation laws (amendment) act, 1975. the legislature has clearly laid down under section 23(1)(b) that when the actual annual rent received or receivable is in excess of the ..... be expected to be let from year to year. in other words, insertion of clause (b) by the taxation laws (amendment) act, 1975, covers a case where the rent for a year actually received by the owner is in excess of the lawful rent which is known as the fair rent or standard rent under the rent control legislation. the provisions of .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)BomCR840; (2006)202CTR(Bom)308; [2006]284ITR85(Bom); 2005(4)MhLj659
..... the regular assessment order, the assessing officer erred in granting interest to the assessee with effect from april 1, 1980. we do not find any merit in this argument. the taxation laws (amendment) act, 1984, is procedural in nature and, therefore, it will apply to all pending actions. secondly in the present matter, the right to receive the interest accrued to the assessee only ..... above question is answered in the affirmative, i.e., in favour of the assessee and against the department.'in the aforesaid judgment, this court has very clearly held that the taxation laws (amendment) act, 1984 is procedural in nature and therefore it will apply to all the pending actions, and as far as assessee in the said case was concerned, the assessment year started .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)
..... the particulars of his income or furnished inaccurate particulars of such income for the purposes of clause (c) of this subsection.'section 271(1)(c) of the act after the amendment by taxation laws (amendment) act, 1975, w.e.f. 1st april, 1976 reads as follows :'section 271--failure to furnish returns, comply with notices, concealment of income, etc.--(1 ..... have been concealed.'14. we find that the words 'in addition to any tax payable by him' in clause (iii) also exist after the amendment by taxation laws (amendment) act, 1975. in the amended clause (iii) further words 'sum which shall not be less than but which shall not exceed three times the amount of tax sought to be ..... & haryana high court and the decision of the apex court is also applicable to the assessment year after 1st april, 1976 to which the amended section 271(1)(c) by the taxation laws (amendment) act, 1975, is applicable. the decision of the apex court is binding under article 141 of the constitution of india.15. it may also .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1979]116ITR881(MP)
..... v. mayer hans george : [1965]1scr123 .'12. their lordships further considering the various decisions ultimately held (p. 585):'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 under the section unless he is satisfied that the default was ..... fact and, therefore, no reference was made.7. learned counsellor the non-applicant contended that although the second proviso which has been inserted by the taxation laws (amendment) act, 1970, has clarified the position that before levy of penalty the ito must find that the default was not for any good or sufficient reason ..... counsel, was not justified as the second proviso to section 221(1) of the act which has been inserted by the taxation laws (amendment) act, 1970, was not in existence when this case arose and he, therefore, contended that a question of law arises where the tribunal should be directed to state a case. the tribunal on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(50)ECC138; JT1994(7)SC577; 1994(4)SCALE1138; 1995Supp(1)SCC707; [1994]Supp6SCR120; [1995]98STC32(SC)
..... therefore. sub-section (2) of section 4, as amended in 1981, read as follows:4(2) the rural employment cess shall be levied annually-(a) in respect ..... work cess is assessed or liable to be assessed according to the provisions, of the cess act, 1980. section 4(2), as originally enacted, prescribed different rates in respect of lands, coal mines and other mines on an annual basis. by virtue of the west bengal taxation laws (amendment) act, 1981, tea estates were carved out as a separate category and a separate rate prescribed .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi617
..... tax evasion' have continued unabated. in december 1970, the committee made an interim report to deal with them and the taxation laws (amendment) act, 1972 was enacted to implement their recommendations. the salient features of the act of 1972 are as follows :- (1) an assistant commissioner of income-tax scrutinises registered instruments of transfer of immoveable ..... xxa of the income tax act, 1961 as inserted therein by taxation laws (amendment) act, 1972 (hereinafter called the act of 1972) wholly or partly a law enacted 'for the purpose of imposing or levying any tax or penalty' within the meaning of article 31(5)(b)(i) and/or is it a 'law giving effect to the policy ..... dealt with separately, for instance, under section 52 of the income-tax act, 1961. the relevant part of the act of 1972 is inserted in the income-tax act, 1961 as chapter xxa. (3) the act came into force on 15th november 1972. the taxation laws (amendment) bill, 1971 was introduced in parliament on 12th august 1971. 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 : Mumbai
Reported in : [1953]24ITR229(Bom)
..... to the huzur adalat of the baroda state, which could hear the appeal. after the merger of the baroda state, the indian parliament passed the taxation laws (extension to merged state s and amendment) act, 1949, which provided by section 7 (i) :- 'if, immediately before the 26th day of august, 1949, there was in force in any ..... no further right of appeal or right of reference would have arisen to the petitioners. for historical reasons the huzur adalat, and by the taxation laws (extension to merged state and amendment) act of 1949 and the order passed by the central government, the appellate tribunal was constituted to take the place of the huzur adalat which was ..... of appeal was given to them under the baroda law. in march, 1949, the state of baroda merged with india, and on 31st december, 1949, the taxation laws (extension to merged states and amendment) act, 1949, was passed. under this act, by section 3 of the act, the indian income-tax act of 1922 was brought into operation and extended to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All280
..... one ground urged by learned counsel is based on the provisions contained in section 3(2) of the taxation laws (extension to merged states and amendment) act, 1949 (act no. lxvii of 1949). it was by this act that the provisions of the indian income-tax act were extended to the area which previously comprised the state of rampur and which, after merger, formed ..... clear that we express no such 'opinion, that sub-section (2) of section 3 of this act is not valid in so far as it extends and enforces the indian ..... of the state of rampur in uttar pradesh.the indian income-tax act was extended to, and was enforced in the merged area of the state of rampur, by the provision contained in sub-section (1) of section 3 of the taxation laws (extension to merged states and amendment) act, 1949. even if it be held, though we may make it .....
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