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Feb 14 2007

Abhay Kumar Shroff Vs. Commissioner of Income Tax and ors.

Court : Jharkhand

Decided on : Feb-14-2007

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 48, 132, 132A, 132(3), 139, 139(1), 140, 140A, 142, 142A, 142(1), 147 and 153; Finance Act, 1995 - Sections 158B to 158BH; Finance Act, 2003 - Sections 32A, 130, 132, 132A, 132B, 139, 140A, 142, 142(1), 142(2A), 143, 143(2), 143(3), 147, 148, 149, 151, 153, 153A, 153B, 153C, 234A, 234B, 245C, 245D, 245D(1), 245Q, 245Q(1), 245R, 245R(3), 245R(7), 246A and 276CC

Reported in : 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]

Section 32A was executed. In 2003, new provisions i.e. Sections 153A, 153B and 153C have been inserted in Finance Act, 2003 (32 of 2003) relating to assessment in case of search or requisition made on or before 1.6.2003, specifying … Act, the Assessing Officer shall serve notice to the assessee as required under Section 48 of the Act. Section 153 of the Act specify limit within which assessment or re-assessment shall be complied.9. In the year 1995, the

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May 27 2009

S.R. Batliboi and Co. Vs. Department of Income Tax (investigation)

Court : Delhi

Decided on : May-27-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69A, 131, 132, 132(1), 132(1A), 132(3), 132(13), 132(14), 133, 133(6), 139, 147 to 149, 151, 153, 153(2), 153A, 153B, 153C, 158BB, 158BD and 275B; Income Tax Rules - Rule 112(2); Chartered Accountants Act, 1949; Information Technology Act, 2000 - Sections 2(1); Finance Act, 2003; Stamp Act - Sections 73; Constitution of India - Articles 12, 14 and 19 and 226; Code of Criminal Procedure (CrPC)

Reported in : (2009)224CTR(Del)369; [2009]315ITR137(Delhi); [2009]181TAXMAN9(Delhi)

that the assessment must be completed within one year. Sections 153A, 153B and 153C were introduced by the Finance Act, 2003 with effect from 1.6.2003. In essence, Section 153A has in focus the 'case of a person where a … income of any other person.Notwithstanding anything contained in Section 139, 147, Section 148, Section 149, Section 151 and Section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or

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Jun 22 2007

Ms. Shyam Lata Kaushik Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-22-2007

Subject : Direct Taxation

Reported in : (2008)114TTJ(Delhi)940

Act was issued on 4/08/2005. The provisions of Section 153-A of the Act had been introduced by the Finance Act, 2003 with effect from 1/06/2003. In respect of searches carried out under Section 132 of the Act or requisition

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Apr 06 2023

Income Tax Officer Vs. Vikram Sujitkumar Bhatia

Court : Supreme Court of India

Decided on : Apr-06-2023

Subject : Land Acquisition

132A has been made on or after 01.04.2017. It is submitted that while Section 153A was introduced by Finance Act, 2003, CIVIL APPEAL No.911 OF2022Page 38 of 67 the legislature considered the dates of search and specified that the … any other person.-(1) Notwithstanding anything contained in Section 139, Section 147, Section 148, Section 149, Section 151 and Section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or

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May 09 2008

Gujarat Credit Corp. Ltd. Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : May-09-2008

Subject : Direct Taxation

Reported in : (2008)113ITD133(Ahd.)

referred to Circular No. 549 dated 31/10/1989 explaining this amendment of the provisions of Section 147 by the Finance Act, 1987 w.e.f. 01/04/1989 stating that the Amending Act, 1987, has rationalized the provisions of Section 147 and other … has the effect of curtailing the limitation period for passing the order Under Section 147 as prescribed Under Section 153(2).2. The brief facts of the case are that, the assessee is engaged in the business of finance and

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Sep 04 2014

Hindustan Coco-cola Beverage(P) Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Sep-04-2014

Subject : Service Tax

23.12.2002. Pursuant to the said Notifications, certain benefits were availed of by the assessees. At that juncture, The Finance Act, 2003 (for brevity “the Act”) was brought into force and by virtue of Section 153 of the Act certain

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Jan 20 2006

N. Jayaprakash, Package India TIn Fabricators Vs. Cit

Court : Kerala

Decided on : Jan-20-2006

Subject : Direct Taxation

Reported in : [2006]152TAXMAN432(Ker)

section 148 legal and valid in the light of the amended provision contained in section 148 as per Finance Act 2 of 19962. Whether on the facts and in the Circumstances of the case the Tribunal is justified … Court. Proceedings for maintenance before the Family Court under Section &(2)(a) is criminal in nature. [Kunhimohammammed v Nafeesa, 2003 (1) KLT 364; 2004 Cri LJ 1000 (Ker) Overruled]. Reference to Full Bench; Held, Single Judge cannot refer … assessment order dated 26-3-1997 was barred by limitation in terms of section 153(2) of the Act 3. Whether on the facts and in the circumstances

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Jan 20 2006

Commissioner of Income Tax Vs. N. Jayaprakash, Package India TIn Fabri ...

Court : Kerala

Decided on : Jan-20-2006

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 68, 139, 142(1), 147, 148, 148(1), 153(2) and 260A; Finance Act (No. 2) of 1996

Reported in : (2006)202CTR(Ker)111; [2006]285ITR369(Ker); 2006(2)KLT808

Section 148 legal and valid in the light of the amended provision contained in Section 148 as per Finance Act 2 of 1996?2. Whether, on the facts and in the circumstances of the case, the Tribunal is justified … the assessee that the assessment order dt. 26th March, 1997 was barred by limitation in terms of Section 153(2) of the Act ?3. Whether, on the facts and in the circumstances of the case, the additions sustained

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Oct 24 2006

Punjab State Cooperative Supply and Marketing Federation Limited Vs. U ...

Court : Punjab and Haryana

Decided on : Oct-24-2006

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80P, 80P(2), 139, 143, 143(2), 147 to 149, 153 and 153(2); Finance (Amendment) Act, 2006; Finance (Amendment) Act, 2002; Direct Tax Laws (Second Amendment) Act, 1989; Finance Act, 1989; Bombay Municipal Boroughs Act, 1925 - Sections 73; Madras General Sales Tax Act, 1959; Madras General Sales Tax (Amendment) Act, 1967; Income Tax Rules - Rule 350A

Reported in : (2006)206CTR(P& H)194; [2007]290ITR15(P& H)

the order passed by the CIT(A), the Revenue went in appeal before the Tribunal, which is pending.3. Vide Finance Act, 2006, Section 148 has been amended w.e.f. lst Oct., 1991. The said provision before and after the amendment … the expiry of the time-limit for makmg the assessment, reassessment or recomputation as specified in Sub-section (2) of Section 153, every such notice referred to in this clause shall be deemed to be a valid notice:Provided further that

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Dec 02 2015

Commissioner of Income Tax TDS, HMT Bhavan, Bangalore and Another Vs. ...

Court : Karnataka

Decided on : Dec-02-2015

Subject : Direct Taxation

Section 201 of the Act for initiating action for failure to deduct TDS. It was only by the Finance Act, 2009 that sub-section (3) was inserted, initially providing for a period of limitation of two years from the … 2002-03 was completed under Section 143(3) of the Act on 28.2.2005, which was within the period prescribed under Section 153 of the Act. Besides this, the return of income of the assessee for the relevant assessment year 2002-03 … our earlier finding that the order for the asst. years 2002-03 and 2003-04 are barred by limitation. ? Challenging the said order of the Tribunal,

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