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Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

in Part III of First Schedule of the Finance Act, 1999, have also been correspondingly introduced in the Finance Act, 2000, in Part I of the First Schedule, so as to make it applicable to assessment year 2000-2001 which … to be charged in a block assessment in terms of Section 159BA(2) of the Income-tax Act read with Section 113 of the said Act. .1. The undisclosed income of the Block Period is charged to tax at the

Commissioner of Income Tax Vs. Roshan Singh Makker

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 158BC, 254(2) and 260A

Reported in : (2006)203CTR(P& H)125; [2006]287ITR160(P& H)

on undisclosed income, surcharge should also be levied. However, the proviso to Section 113 was inserted by the Finance Act, 2002 w.e.f. 1st June, 2002 as per which levy of surcharge on the undisclosed income was specifically provided … MA No. 65/Asr/2005 arising out of IT(SS)A No. 30/Asr/2003 for block period 1st April, 1990 to 6th April, 2000 raises the following substantial question of law:Whether, on the facts and in the circumstances of the case, the

The Commissioner of Income Tax Vs. Ansal Properties and Ind. (Pvt.) Lt ...

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 113, 132, 154, 263 and 263(1); Finance Act, 1999; Finance Act, 2000; Finance Act, 2001

Reported in : [2009]315ITR225(Delhi); [2009]178TAXMAN201(Delhi)

find no merit in the above arguments. Both, the Finance Acts of 2000 and 2001, indicated that a substantive charge was created in respect of … did not have any retroactive effect. The proviso was inserted with effect from 1.6.2002 by virtue of the Finance Act, 1999 and there is nothing to indicate that it would operate from retroactively.10. The impugned order of the … levied with reference to the search conducted before 01.06.2006, the effective date of insertion of the proviso in Section 113 of the Income Tax Act, 1961 ?(2) Whether in the facts and circumstances of the present case, the

Commissioner of Income Central Ii Vs. Suresh N. Gupta

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(1), 32, 32(2), 68, 69, 69A, 69B, 69C, 112, 113, 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 132, 132A, 132B, 139, 139(1), 142, 142(1), 143, 143(1B), 143(2), 143(3), 144, 147, 148, 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BC, 158BH, 161, 161(1A), 164, 164A, 167B, 245D and 245D(4); Finance Act, 2001 - Sections 2(1), 2(2) and 2(3); Finance Act, 2002 - Sections 113; Finance Act, 1995; Constitution of India - Articles 269, 270 and 271

Reported in : (2008)214CTR(SC)274; [2008]297ITR322(SC); JT2008(1)SC208; 2008(1)SCALE99; (2008)4SCC362; 2008AIRSCW1066

appeal.Points for determination:4. Two points arise for determination: Whether on the facts and circumstances of this case, the Finance Act, 2001 ('FA' for short) was applicable to 'block assessment' under Chapter XIV-B in respect of the search carried … Whether the AO had erred in imposing surcharge at 17% on the tax amount of Rs. 97,456/- under Section 113 of the Income-tax Act, 1961 ('1961 Act') for the 'block period' comprising of previous years relevant to 10 … comprising of previous years relevant to 10 assessment years, i.e., 1991-92 to 2000-01, including the period from 1.4.2000 to 17.1.2001.FACTS3. On 17.1.2001 a search under

Commnr. of Income Tax, Jalandhar-i Vs. Shri Rajiv Bhatara

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 4(1), 113, 154, 158B, 158BA(2), 158BB, 158BC and 260(A); Finance Act, 2000; Finance Act, 2002 - Sections 113; Finance Act, 2001 - Sections 2(1) and 2(3); Constitution of India - Article 271

Reported in : (2009)222CTR(SC)209; [2009]310ITR105(SC); JT2009(4)SC39; 2009(3)SCALE16; (2009)13SCC315; [2009]178TAXMAN285(SC)

that the surcharge was levied as per the provisions of Part I of the Ist Schedule appended to Finance Act, 2000. On the ground that there was no mistake apparent on the record, the application under Section 154 of … the present case took place on 6.4.2000 which was much prior to the date of amendment made in Section 113. The amendment was incorporated on 1.6.2002 by inserting proviso to Section 113 by Finance Act, 2002. It was

The Commissioner of Income Tax Vs. S. Palanivel

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 113, 132, 132A and 158BC; Finance Act, 2002

Reported in : [2007]291ITR33(Mad)

113 of the Act in which new proviso was inserted with effect from June 1, 2002, by the Finance Act, 2002. The provisions of Section 113 of the Act are as under:113. Tax in the case of block … Section 113 and the relevant proviso levying surcharge, held that since the search was conducted on June 1, 2000, i.e., before the insertion of the proviso in Section 113 of the Act, with effect from June 1,

Satyabhushan Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT

Subject : Direct Taxation

Reported in : (2004)84TTJ(Bang.)165

CIT(A). It was further submitted that rates of tax are determined by annual Finance Act and since the Finance Act, 2000 provides for levy of surcharge on tax levied under Section 113, the same need to be upheld. .

Commissioner of Income Tax Vs. Narmada Ginning and Pressing Factory

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : (2007)213CTR(MP)500

even when the levy of surcharge has been provided by Part I of the First Schedule to the Finance Act, 2000 (10 of 2000) [first proviso to Section 2(3) of the Act 10 of 2000] ?3. We have heard … arose from the order of the Tribunal for decision in the appeal.5. Regarding surcharge under the proviso to Section 113 of the IT Act, 1961, the Tribunal has held that the proviso to Section 113 under which the

Lalit Hosiery and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2009)221CTR(P& H)692

which was disposed of on 23rd Sept., 2004 determining total income and also levying surcharge in terms of Finance Act, 2000.3. Contention raised on behalf of the petitioner is that in Section 113 of the Act, provision for surcharge

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

seemingly comparable to Section 115JA. The new provision viz., Section 115JB was brought into the statute by the Finance Act, 2000 effective from assessment year 2001-02. It was materially different from its predecessor in one respect- in not seeking … may be.Provided further that the amount of income-tax computed in accordance with the provisions of Sections 112 and 113 of the Income Tax Act shall be increased by a surcharge for purposes of the Union or surcharge