ASSISTANT COMMISSIONER OF INCOME TAX vs. SHELF DRILLING RON TAPPMEYER LIMITED

The appeals are allowed

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

reassessment and re-computation under the Act. The sub-section (1) of the said section provides that the time-limit for passing an assessment order under section 143 or 144 of the Act shall be 21 months from the end of the assessment year in which the income was first assessable. However, this time limit had earlier been curtailed

COMMISSIONER OF CUSTOMS vs. M/S CANON INDIA PRIVATE LIMITED

Bench: HON'BLE MR. JUSTICE J.B. PARDIWALA

Section 6 is the only Section which provides for entrustment of functions of Customs officer on other officers of the Central or the State Government or local authority, it reads as follows:- “6. Entrustment of functions of Board and customs officers on certain other officers. - The Central Government may, by notification in the Official Gazette, entrust either conditionally or unconditionally

COMMISSIONER OF INCOME TAX 5 MUMBAI vs. M/S. ESSAR TELEHOLDINGS LTD. THROUGH ITS MANAGER

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

reassessment unless a provision to that effect inserted   by   amendment   is   either   is   either expressly   or   by   necessary   implication retrospective.   A   provision   which   in   terms   is retrospective   and   has   the   effect   of   opening   up liability   which   had   become   barred   by   lapse   of time,   will   be   subject   to   the   rule   of   strict construction.   In   the   absence   of   a   clear implication such

COMMR.OF INCOME TAX-I,NEW DELHI vs. VATIKA TOWNSHIP P.LTD

Appeals of the assessees are allowed deleting the surcharge levied by the

reassessment unless a provision to that effect inserted by amendment is either expressly or by necessary implication retrospective. (See Controller of Estate Duty Gujarat-I v. M.A. Merchant9. We would also like to reproduce hereunder the following observations made by this Court in the case of Govinddas v. Income-tax Officer10, while holding Section 171 (6) of the Income

BASHESHAR NATH vs. THE COMMISSIONER OF INCOME-TAX,DELHI & RAJASTHAN & ANOTHER

The appeal is allowed

Section 4 deals with the composition of the Commission, details whereof are unnecessary for our purpose, Sub-sections (1), (2) and (4) of s. 5 are relevant to the problems before us and must be read : " 5(1). The Central Government may at any time before the 1st day of September 1948 refer to the Commission for investigation and report

COMMNR. OF CENTRAL EXCISE, NEW DELHI vs. M/S. HARI CHAND SHRI GOPAL

reassess the correct amount of duty payable following the provisions of section 11A of the Act http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 15 and the assessee shall pay the deficiency, if any. Rule 173G. Procedure to be followed by the assessee.\027 (1) Every assessee shall keep an account-current with the Commissioner separately for each excisable

THE COMMISSIONER OF INCOME-TAX, BOMBAY vs. . VS RANCHHODDAS KARSONDAS, BOMBAY

reassessment to be made in pursuance of such 119 notice may be made before the expiry of one year from the date of the service of the notice even if such period exceeds the period of . . . four years . . . " It is, therefore, quite clear that the extra period is available only if a notice under

M. M. IPOH & ORS. vs. COMMISSIONER OF INCOME-TAX, MADRAS

125 and Commissioner of Income-tax U.P. v. Kanpur Coal Syndicate, (1964) 53 I.T.R. 225. referred to, There is no force in the contention that s. 23A of the Income-tax Act, as it was incorporated by Act 21 of 1930 laid down certain principles for the guidance of the Income Tax Officer in exercising his option, but since

MODI INDUSTRIES LIMITED, MODINAGAR vs. COMMISSIONER OF INCOME-TAX, DELHI

The appeals are allowed in the above

125 I.T.R.141). The assessment year concerned was 1968-69. It was a case where the original assessment order was rectified by the Income Tax Officer under Section 154. The Division Bench held that the original assessment order as rectified is the regular assessment order or the correct assessment order, as it may be called. On that basis, it held that

MAHARAJ KUMAR KAMAL SINGH vs. THE COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA

In the result we hold that the Patna High Court was right in coming

reassess such income, profits or gains or recompute the loss or depreciation allowance, and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section ". It is clear that two conditions must be satisfied before the Income-tax Officer can act under

COMMNR. OF CUSTOMS (GENERAL), N. DELHI vs. GUJARAT PERSTORP ELECTRONICS LTD

The appeals are allowed

reassessment under Chapter Heading 4911. According to him, at any rate, the entire value for the consignment which came under Air Way Bill was of Rs. 63.11 lacs (approx) as per Invoice Nos. 1836-02A and 1836-92B dated December 22, 1993 which could not be taken as value of drawings for the reason that the consideration