Court : Allahabad
Reported in : AIR1956All670; [1956]30ITR600(All)
..... 52 to 1954-55. the section vesting gower in the income-tax officer to make a provisional assessment was introduced for the first time by the taxation laws (extension to alerged states and amendment) act, 1949.2. it is urged on behalf of the applicant that the provisional assessment under section 23b could not be made by the income-tax ..... the nagpur high court that the section was not retrospective enough to cover the assessments made prior to the date mentioned in the act. there is no such provision in the taxation laws (extension to merged states and amendment) act, 1949. the principle applied in the decision of the nagpur case does not apply to the facts of the present case.3 ..... empowering the commissioner to revise the order made by the income-tax officer was the subject matter of the decision.there was a provision in the amending act relating to the newly introduced section which clearly showed that the new section was to be deemed to be operative in respect of certain assessments made .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)139CTR(All)210; [1998]234ITR655(All); [1998]97TAXMAN36(All)
..... with a notice under section 156 within the prescribed period and, admittedly, there was a default on his part. sub-section (2a) was inserted in section 220 of the act by the taxation laws (amendment) act, 1984, with effect from october 1, 1984. that provision initially provided that notwithstanding anything contained in sub-section (2), the board may reduce or waive the amount of interest ..... inquiry relating to the assessment or any proceeding for recovery of any amount due from him,8. the said provision came to be amended by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from april 1, 1987, and amongst other amendments with which we are not concerned in this writ petition, in the opening portion the word 'commissioner' was substituted for 'board' and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]138ITR759(MP)
..... contended before the appellate tribunal that the iac who passed the impugned order on 24th march, 1977, jhad no jurisdiction to impose the penalty after the amendment of section 18(3) by the taxation laws(amendment) act, 1975, with effect from 1st april, 1976. this objection was overruled by the tribunal holding that the iac had the necessary jurisdiction.4. on similar ..... in the circumstances of the case, the iac had jurisdiction to impose penalty under section 18(1)(c) on march 24, 1977, after the amendment of section 18(3) of the wealth-tax act by the taxation laws (amendment) act, 1975 and 2. whether, on the facts and circumstances of the case, once the iac had imposed composite penalties for concealment detected by ..... 1974-75, on a reference by the wto to the iac under section 18(3) of the w.t. act, penalties at rs. 1,80,000 and rs. 5,000 respectively were imposed under section 18(1)(c) of the act by the iac. in appeal, the appellate tribunal reduced the penalties to rs. 3,650 and rs. 4, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]138ITR760(MP)
..... and in the circumstances of the case, the iac had no jurisdiction to impose penalty under section 18(1)(c) of the act after the amendment of section 18(3), with effect from 1st april, 1976, by the taxation laws (amendment) act, 1975. our answer to the first question referred to this court, therefore, is against the department. in view of our ..... of the case, the iac had any jurisdiction to impose penalty under section 18(1)(c) of the wealth-tax act, 1957, on march 24, 1977, after the amendment of section 18(3) with effect from april 1, 1976, by the taxation laws (amendment) act, 1975 ? (2) whether, on the facts and in the circumstances of the case,once, the iac had ..... light of this additional fact that we have to answer the first question referred to this court.5. by the taxation laws (amendment) act, 1975, which came into force from 1st april, 1976, the provisions of section 18(3) of the act, which required the wto to refer the case to the iac in cases covered by that provision, has been .....
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 : [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 : Gujarat
Reported in : (1968)0GLR507; [1969]72ITR637(Guj)
..... as to affect the vested right of the assessee to claim development rebate in respect of the said trucks. the argument of the assessee was that the taxation laws (amendment) act, 1960, which introduced the proviso in section 10(2)(vib) was enacted on 6th september, 1960, and was, therefore, ineffective to affect the right ..... on further appeal, by the tribunal. the ground of disallowance was the proviso introduced in section 10(2)(vib) of the income-tax act, 1922, by section 4 of the taxation laws (amendment) act, 1960, with effect from 1st april, 1960. the proviso was in the following terms:'provided further that no allowance under this clause shall ..... which became vested in the assessee on 1st april, 1960, to claim development rebate under the then existing law. this argument is plainly incorrect, for it overlooks section 1, sub-section (2), of the taxation laws (amendment) act, i960, which says in terms that, subject to any special provision made in this behalf in that .....
Tag this Judgment!Court : Chennai
Reported in : [1973]92ITR357(Mad)
..... express any opinion on the correctness of that view, for, in our judgment, by virtue of the amendment made in section 10(2)(vii), proviso (ii), of the indian income-tax act, 1922, by section 11 of the taxation laws (extension to merged states and amendment) act, 1949 (67 of 1949), even under a 'realisation sale' excess over the written down value not ..... v. b. m. kharwar at page 610 : 'in commissioner of income-tax v. ajax products ltd., : [1965]55itr741(sc) this court observed that under the act before it was amended by act 67 of 1949, three conditions had to be satisfied : (i) during the entire previous year or a part thereof, the business should have been carried on by the ..... the price attributable to the assets which were admitted to depreciation is not taxable under section 10(2)(vii), proviso (ii), as it stood enacted before it was amended by act 67 of 1949. in the present case the tribunal has recorded no finding that the transfer was ' a realisation sale' or in the course of winding up .....
Tag this Judgment!Court : Mumbai
Reported in : [1999]238ITR785(Bom)
..... high court decision.5. this controversy has, however, now been set at rest by insertion of the following explanation to clause (13a) by the taxation laws (amendment) act, 1984, with retrospective effect from april 1, 1976 :'explanation.--for the removal of doubts, it is hereby declared that nothing contained in this clause ..... that the controversy now stands resolved by insertion of the explanation to clause (13a) of section 10 of the income-tax act, 1961, with retrospective effect from april 1, 1976, by the taxation laws (amendment) act, 1984. the assessee, though served, is not represented. we have considered the submission of mr. desai. section 10(13a ..... ) of the act exempts any allowance specifically granted to an employee by his employer to meet expenditure actually incurred by him .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1977]110ITR79(AP)
..... officer v. m.k. mohammed kunhi [1969] 71 itr 815 even then, by virtue of the introduction of sub-section (2a) in section 153 of the act by the taxation laws (amendment) act, 1970, with effect from april 1, 1971, the said power of the tribunal become curtailed and must now be read in the light of the said sub- ..... or abridging the power of the tribunal to grant appropriate interim orders under section 254(1) of the act. the decision of the supreme court was rendered in september, 1968, while sub-section (2a) was introduced by the taxation laws (amendment) act, 1970. parliament must be presumed to have known about the said decision of the supreme court with ..... reference to the powers of the tribunal under section 254 of the act, and if it wanted to deprive the tribunal of the said power or .....
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