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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

respect of the search carried out on 17.1.2001; secondly, whether the proviso inserted in Section 113 by the Finance Act, 2002 is clarificatory?Whether Finance Act, 2001 was applicable to block assessment under Chapter XIV-B up to 1.06.2002:5. Chapter XIV-B

Commissioner of Income-tax Vs. M.S. Aggarwal

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 113 and 154; Finance Act of 2002

Reported in : [2009]308ITR69(Delhi); [2009]178TAXMAN311(Delhi)

Court has concluded that the introduction of the proviso to Section 113 of the said Act by the Finance Act, 2002, was only clarificatory in nature. Consequently, the said proviso would be applicable to searches conducted prior to June

Commissioner of Income Tax Vs. Narmada Ginning and Pressing Factory

Court : Madhya Pradesh

Subject : Direct Taxation

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

has held that the proviso to Section 113 under which the surcharge is levied was inserted by the Finance Act, 2002, w.e.f. 1st June, 2002, and since the search took place on 30th Nov., 2001, i.e., before introduction of

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)

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 by the amendment that levy of surcharge on the disclosed income was specifically provided w.e.f. 1.6.2002.

Commissioner of Income Tax Vs. Jugal Kishore Gupta

Court : Allahabad

Subject : Direct Taxation

Reported in : (2009)221CTR(All)352

on the ground that the proviso to Section 113 under which the surcharge was chargeable, was inserted by Finance Act, 2002 w.e.f. 1st June, 2002, therefore, the surcharge was not leviable for the block period 1st April, 1989 to

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 assessment

Commissioner of Income-tax Vs. Dr. K. Senthilnathan

Court : Chennai

Subject : Direct Taxation

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

Reported in : [2007]291ITR30(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 assessment

Commissioner of Income Tax Vs. Hotel Meriya

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act - Sections 131, 132, 132(4), 158B, 158BA, 158BB, 158BC, 158BFA(1) and 260A; ;Evidence Act - Section 3; ;Indian Income Tax Act, 1922; ;Indian Income Tax Act, 1911; ;Finance Act, 2002 - Section 113; ;Finance Act, 2001; ;Code of Civil Procedure (CPC) , 1908

ITR 322. At para.23, Apex Court held:[w]e hold that even without the proviso to Section 113 (inserted vide Finance Act, 2002, with effect from June 1, 2002) the Finance Act 2001, was applicable to block assessment under Chapter XIV-B

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

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

short issue in this appeal is whether the levy of surcharge in terms of the provisions of the Finance Act, 2002, is valid in a block assessment made under Section 158BC of the Income-tax Act. The tax has to … 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. C.L. Khatri

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 113, 132, 132A, 143, 143(3), 144, 147, 158B, 158BA(1), 158BA(2), 158BB, 158BC and 260A; ;Finance Act, 2002 - Sections 158BB

Reported in : (2005)197CTR(MP)44; [2006]282ITR97(MP)

property which has not been or would not have been disclosed for the purposes of this Act.'Subsequently, by finance Act, 2002, the following words were added with retrospective effect from 1st July, 1995, at the end of the above … total undisclosed income relating to the block period shall be charged to tax, at the rate specified in Section 113, as income of the block period irrespective of the previous year or years to which such income relates