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Manjinder Singh Kang vs Commissioner Of Income-Tax Amritsar ... on 13 September, 2010

32. Punjab and Haryana High Court in case of Majinder Singh Kang Vs. Commissioner of Income- Tax and anr (supra) ofcourse has sounded a different note. We may, however, notice that the explanatory memorandum to Explanation 3 to Section 147 of the Act was not brought to the notice of the High Court in the said decision. The High Court gave considerable importance on such Explanation 3 to Section 147 of the Act and the language used therein."
Punjab-Haryana High Court Cites 11 - Cited by 45 - A K Mittal - Full Document

The Commissioner Of Income Tax vs The Atlas Cycle Industries Limited on 20 August, 2010

"27. From the above, it can be seen that the explanation was meant to be clarificatory in nature and to put the issue beyond any legal controversy. When the Legislature found that in face of the provisions contained in Section 147 of the Act post 01.04.1989 some of the courts had taken a view that the Assessing Officer is restricted to the reassessment proceedings only on issues in respect of which the reasons were recorded for reopening the assessment, such explanation was introduced in the statute. Thus, the explanation was meant to be merely clarificatory in nature and was introduced with Mr. Hamid Zain Vasi 16 the purpose of putting at rest the legal controversy regarding the true interpretation of Section 147 of the Act which had arisen on account of certain judicial pronouncements. We have noticed that prior to enactment of Explanation 3 to Section 147, Punjab and Haryana High Court in case of Commissioner of Income Tax Vs. Atlas Cycle Industries reported in 180 ITR 319 (supra) had taken a restricted view of the power of the Assessing Officer to make any addition on the grounds not mentioned in the reasons recorded for reopening the assessment.
Punjab-Haryana High Court Cites 12 - Cited by 99 - A K Goel - Full Document
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