Meaning of ” All the provisions of this act shall apply accordingly “

Case Name : Addl. CIT vs. Hasmat rai raj pal 

Citation : [1987] 32 taxman 72/167 itr 794 (all.)

Court : Allahabad high court

Section : 297

Meaning : The words ‘all the provisions of this act shall apply accordingly’ used in section 297(2)(d)(ii) mean only the procedural provisions. It follows that the substantive provisions of the act will not apply to the completion of an assessment relating to an assessment year prior to coming into force of the 1961 act provided other conditions contained in section 297(2)(d)(ii) are satisfied.

Case Name : Govinddas vs. ITO

Citation : [1976] 103 itr 123 (sc)

Court :Supreme court

Section : 297

Meaning : The words ‘all the provisions of this act shall apply accordingly’ in sub-clause (ii) of section 297(2)(d), merely refer to the machinery provided in the 1961 act for the assessment of the escaped income. They do not import any substantive provisions of the new act which create rights or liabilities. The word ‘accordingly’ in the context means nothing more than ‘for the purpose of assessment’ and it clearly suggests that the provisions of the new act which are made applicable are those relating to the machinery of assessment.