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Commissioner Of Income-Tax vs Ekbal And Co. on 14 September, 1944

In certain cases these notices were held to be invalid on the ground that where the Act allows the assessee time to file revised returns within a stipulated period under the Act, it was not open to the Assessing Officer to call upon the assessee to file the returns within thirty days - CIT v. Ekbal & Co. [1945] 13 ITR 154 (Bom.). In view of these conflicting decisions, the Legislature by virtue of Taxation Laws (Amendment) Act, 1996, deleted the above expression "not being less than thirty days". However, the Taxation Law (Amendment) Act of 1996 got the Presidential assent on 28th Sept., 1996. No doubt, the Amending Act operated w.e.f. 1st April, 1989. However, the Amending Act got the Presidential assent only on 28th Sept., 1996, by which time the entire, gamut of reassessment proceedings, in this case, got concluded before the Tribunal when it allowed the appeal of the assessee striking down initiation of reassessment proceedings under the then existing law. That decision of the Tribunal was delivered on 26th June, 1996, i.e., three months prior to the amending law receiving the Presidential assent. In the circumstances, the miscellaneous application filed by the Department was rightly rejected by the Tribunal as there was no mistake apparent from the record in the order of the Tribunal dated 26th June, 1996.
Bombay High Court Cites 3 - Cited by 36 - Full Document

Growmore Leasing & Investment Ltd, ... vs Dcit Cen Cir 4(3) Cen Rg 4, Mumbai on 27 December, 2017

97. Since the facts of the instant issue before us is identical vis-à-vis the coordinate bench decision supra, we accordingly, direct the AO to re-compute the interest under section 234A, 234B and 234C of the Act in terms of the above decision after reducing the amount of tax deductible at source on the income assessed. Ground is allowed for statistical purposes. Accordingly, the ground No.18 is allowed for statistical purposes.
Income Tax Appellate Tribunal - Mumbai Cites 19 - Cited by 10 - Full Document
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