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In exercise of the powers conferred by section 295, of the INCOME-TAX ACT, 1961 (43 of 1961), the Central Board of Revenue hereby makes the following rules to amend the INCOME-TAX RULES, 1962, namely :—
In exercise of the powers conferred by sub-clause (iii) of clause 44 of section 2 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby authorises every Gazetted Officer of the Government of Orissa, appointed to perform the functions of a Certificate-Officer under clause (3) of section 3 of the Bihar and Orissa Public Demands Recovery Act, 1914 (Bihar and Orissa Act IV of 1914), to exercise the powers of a Tax Recovery Officer under the Income-tax Act, 1961.
In exercise of the powers conferred by sub-clause (iii) of clause 44 of section 2 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby authorises every Gazetted Officer of the Government of Bihar, appointed to perform the functions of a Certificate Officer under clause (3) of section 3 of the Bihar and Orissa Public Demands Recovery Act,
In exercise of the powers conferred by sub-section (iii) of clause (44) of section 2 of the Indian Income-tax Act, 1961 (43 of 1961), the Central Government hereby authorises every Gazetted Officer of the Government of West Bengal appointed to perform the functions of a Certificate-Officer under clause (3) of section 3 of the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1913), to exercise the powers of a Tax Recovery Officer under the Income-tax Act, 1961
In exercise of the powers conferred by sub-clause (iv) of clause (23C) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies Bharatiya Bhasha Parishad, Calcutta, for the purpose of the said sub-clause for the assessment years 1990-91 to 1992-93 subject to the following conditions, namely
It is hereby notified for general information that the institution mentioned below has been approved by the Secretary, Department of Science & Technology, New Delhi, the prescribed authority for the purposes of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961, read with rule 6(iv) of the Income-tax Rules, 1962, under the category of “Association” in the area of other natural and applied sciences, subject to the following conditions :—
In a civil suit the respondent obtained a decree against his employer the appellant company for a sum which included com- pensation for wrongful termination of his service, arrears of salary, interest and costs of the suit, and then applied for execution of the decree.
Y. Narayana Chetty Vs. ITO (Supreme Court) The notice prescribed by section 148 cannot be regarded as a mere procedural requirement. It is only if the said notice is served on the assessee that the ITO would be justified in taking proceedings against the assessee. If no notice is issued or if the notice issued is shown to be invalid, then the proceedings taken by the ITO would be illegal and void – Y. Narayana Chetty v. ITO [1959] 35 ITR 388 (SC); CIT v. Thayaballi Mulla Jeevaji Kapasi [1967] 66 ITR 147 (SC); CIT v. Kurban Hussain Ibrahimji Mithiborwala [1971] 82 ITR 821 (SC).
Held, that the Income-tax Officer was justified in exercising his powers under s. 35 and rectifying the mistake. As a result of, the legal fiction about the retrospective operation of the Amendment Act, the subsequently inserted proviso must be read as.
The question arising for consideration both in the reference under section 66(2) of the Indian Income-tax Act as well as in W.P. No. 925 of 1955 are identical and relate to the proper rule to be applied for determining the amortisation of films for computing the income, profits and gains of the assessee which is carrying on business as a film distributor. The assessee in the Reference Case No. 27 of 1955 is the petitioner in the writ petition.
