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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.)

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 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

Assistant Commissioner of Income-tax Vs. Uttamchand V. Sethiya

Court : Gujarat

Subject : Direct Taxation

Appellate Tribunal is right in deleting the surcharge levied by the Assessing Officer under the provisions of the Finance Act, 1999?" TAX APPEAL NOS. 419, 1393, 1394, 1431 TO 1435 of 2007 and 440 of 2008 "Whether, on … to make the block assessment with the addition of levy of surcharge, in the absence of proviso to Section 113? In Suresh N. Gupta itself, it was acknowledged and admitted that the position prior to the amendment of

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

the Income Tax Act (hereinafter referred to as 'the Act') which was inserted in that Section by the Finance Act, 2002 is to operate prospectively or is clarificatory and curative in nature and, therefore, has retrospective operation. The … assessees, the question of law which has fallen for consideration is as to whether the proviso appended to Section 113 of the Income Tax Act (hereinafter referred to as 'the Act') which was inserted in that Section by

Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Subject : Direct Taxation

-B of the Income-tax Act. Chapter XIV-B consisting of sections 158B to section 158BH was introduced by the Finance Act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more effective. The chapter is … Tribunal vide order dated 19th January, 2003.4. By order dated 23rd May, 2005 ITA1692005 was admitted and the following substantial question of law was framed:-"―Whether … the said Chapter. Initially undisclosed income relating to the block period was taxed at 60% as prescribed under Section 113, with immunity from specified interest and penalty contemplated under Section 158BF on the undisclosed income. This had no

The Commissioner of Income Tax vs.m. S. Aggarwal

Court : Delhi

Subject : Direct Taxation

-B of the Income-tax Act. Chapter XIV-B consisting of sections 158B to section 158BH was introduced by the Finance Act, 1995 with effect from 1.7.1995 to make procedure of assessment of search cases more effective. The chapter is … Tribunal vide order dated 19th January, 2003.4. By order dated 23rd May, 2005 ITA1692005 was admitted and the following substantial question of law was framed:-"―Whether … the said Chapter. Initially undisclosed income relating to the block period was taxed at 60% as prescribed under Section 113, with immunity from specified interest and penalty contemplated under Section 158BF on the undisclosed income. This had no

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)

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 … 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

Cit Vs. Rajiv Bhatara

Court : Supreme Court of India

Subject : Direct Taxation

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 … that the surcharge was levied as per the provisions of Part I of the 1st Schedule appended to Finance Act, 2000. On the ground that there was no mistake apparent on the record, the application under Section 154

Assistant Commissioner of Income Vs. Smt. Radha Rani

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (2006)101TTJ(JP.)1017

search. 2. The learned CIT(A) has erred in law and fact while deleting the surcharge levied as the Finance Act clearly laid down that surcharge is leviable on rate prescribed under Section 113 of the Act. The Section … 1. This appeal arises from the order of learned CIT(A), Kota, vide order dt. 20th Jan., 2005 for the block period 1990-91 to 1999-2000 and upto 7th April, 2000. 1. The learned CIT(A) has erred

Smith (Fc) (Appellant) Vs. Secretary of State for Work and Pensions an ...

Court : House of Lords

Subject : Education

Introducing both changes at the same time attracted much criticism." Self-assessment for income tax was introduced by the Finance Act 1994 with effect from 1996-1997. In theory it applies to all individual taxpayers, whether traders or not, but … to appeal to this House. Your Lordships granted leave on 25 January 2005 and expressed the hope that Mrs Smith would be granted legal aid. … 1994) which imposes on a taxpayer a statutory obligation to make a return if required to do so. Section 113 of TMA 1970 empowers the Board of Inland Revenue to prescribe the form of the return. Sections 9A,

Commissioner of Income Tax Vs. Dr. O.P. Miglani

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2009)221CTR(P& H)693

India and Ors. decided on 18th Oct., 2006 held as follows:Having regard to the fact that in the Finance Act, 2000, a specific provision has been incorporated, merely because addition in the IT Act has been incorporated only … may notice that this Court in Civil Writ Petn. No. 2046 of 2005, Lalit Hosiery and Ors. v. Union of India and Ors. decided on … circumstances of the case, the Tribunal was correct in law in deleting the surcharge levied under proviso to Section 113 on the ground that search had taken place in the case of the assessee prior to the insertion