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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 … 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 Section 132 of the 1961 Act was carried out at the premises of the respondent-assessee, an individual. The search unearthed

Ajay Gupta Vs. Commissioner of Income Tax

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132, 132A, 132(5), 132B(4), 153A, 158BFA(2), 226 and 244A; Finance Act, 2002; Taxation Laws (Amendment) Act, 2003; Income Tax (Amendment) Act, 1965 - Sections 237, 238 and 244A; Finance Act, 2006; Taxation Laws (Amendment) Ordinance, 2003

Reported in : (2007)210CTR(Del)116; 2007(97)DRJ317; [2008]297ITR125(Delhi)

tax liability existing against such person. At that time, i.e. prior to the amendments brought about by the Finance Act 2002, Section 132B(4)(b) envisaged payment of simple interest at the rate of 15 per cent per annum on the retained … the amount of money/assets seized from the Petitioner in the course of a Search conducted on 2.7.2002 under Section 132 of the Income Tax Act, 1961 (IT Act). In the course of this Search, cash amounting to Rs.35,15,000/-

Windson Electronics Pvt. Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court : Kolkata

Subject : Direct Taxation

Acts : Finance Act, 2002; ;Income Tax Act, 1961 - Section 132, 132(1), 132(3) and 132(8A)

Reported in : (2004)191CTR(Cal)542,[2004]269ITR481(Cal)

Mr. Chatterjee says that this Sub-section (8A) has been inserted with effect from June 1, 2002, by the Finance Act, 2002. Prior thereto there was a provision for extension beyond the period of 60 days subject to strict regulatory … time came to this court for identical grievance challenging a prohibitory order dated February 20, 2004, issued under Section 132(3) of the Income-tax Act, 1961 (hereinafter referred to as the said Act). These first writ petitions were moved

Cargo Clearing Agency (Gujarat) Vs. Joint Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(7A), 3, 4, 4(1), 32(2), 64, 65, 66, 68, 69, 69A, 69B, 69C, 113, 132, 132A, 132B, 132(5), 132(7), 139, 139(1), 139(5), 142, 142(1), 143, 143(1A), 143(1B), 143(2), 143(3), 144, 145, 147 to 153, 153(2), 158B, 158BA, 158BA(1), 158BA(2), 158BB, 158BB(1), 158BB(2), 158BC, 158BD, 158BE, 158BG, 158BH and 245D; Finance Act, 1995; Finance (No. 2) Act, 1996; Finance (No. 2) Act, 1998; Finance Act, 2001; Finance Act, 2002

Reported in : (2008)218CTR(Guj)541; [2008]307ITR1(Guj)

initiated or requisitions made on or after that date.12.4. The last amendment came to be made by the Finance Act, 2002 which has been explained in Circular No. 8/2002 dated 27.08.2002. The relevant extract of the said Circular reads … Association of Persons (AOP) declaring income of Rs. 5,05,087/- came to be filed.3. On 24.11.1995 search proceedings Under Section 132 of the Income Tax Act, 1961 (the Act) were carried out at the residential premises of three erstwhile

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 … 211/Mds/2003, dated 6.1.2004.2. The facts in brief are: There was a search conducted by the Revenue officials under Section 132 of the Income-tax Act, 1961 in the residence as well as in the business premises of the assessee

Mange Ram Mittal Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

assessing officer and relatable to such evidence appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1-7-1995." 2. In this appeal the assessee originally filed grounds of appeal running into … appeal as stated in the impugned order of the learned assessing officer briefly are that a search under Section 132(1) of the Act was conducted on 28-6-1996 at the residential premises of the assessee being 835/14, Yati Nagar,

Mange Ram Mittal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2006)103ITD389(Delhi)

the AO and relatable to such evidence' appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1st July, 1995.2. In this appeal the assessee originally filed grounds of appeal running … this appeal as stated in the impugned order of the learned AO briefly are that a search under Section 132(1) of the Act was conducted on 28th June, 1996 at the residential premises of the assessee being 835/14,

Madhavi Finvest (P) Ltd. and ors. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Vizag

Subject : Direct Taxation

Reported in : (2006)99TTJVisakha933

the AO and relatable to such evidence". The expression "relatable to such evidence" has been inserted by the Finance Act, 2002 retrospectively w.e.f. 1st July, 1995. A bare reading of this provision would indicate that undisclosed income has to … Golden Agro Tech Industries Ltd., V.K. Rao Puram, Samalkot, East Godavari District.Search and seizure operation took place under Section 132(1) by issuing search warrant in her name. During the course of search and seizure operations as per the

i. Appala Raju Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Vizag

Subject : Direct Taxation

Reported in : (2006)100TTJVisakha438

the AO and relatable to such evidence." The expression "relatable to such evidence" has been inserted by the Finance Act, 2002 retrospectively w.e.f. 1st July, 1995. A bare reading of this provision would indicate that undisclosed income has to … Act,.1995 w.e.f. 1st July, 1995 to make procedure of assessment of cases in which search is initiated under Section 132 or where books of account, other documents or any assets are requisitioned under Section 132A. The chapter is

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 … IT(SS)A No. 78/Mds/2002, dated 8.9.2006.2. The brief facts are: A search was conducted by the Revenue officials under Section 132 of the Income-tax Act, 1961 in the residence and in the office premises of the assessee on 15.7.99