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Jan 27 2009

Surendra M. Khandhar Vs. Assistant Commissioner of Income Tax and ors.

Court : Mumbai

Decided on : Jan-27-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 69, 132, 132A, 132A(1), 132B, 132(4), 132(4A), 132(5), 133, 133A, and 271(1); Finance Act, 2007 - Sections 292C

Reported in : (2009)224CTR(Bom)409

the case of Metrani (supra), the IT Act has been amended and Section 292C has been inserted by Finance Act, 2007 w.e.f. 1st Oct., 1975. The effect of said amendment is that where the document is seized in the … Jan., 1991. I, Mahendra P. Shah,stand guarantee for theabove matter.3. The statement of the assessee was recorded under Section 132(4) on 19th Dec, 1991. In the course of recording the statement, the following question was put:Q. 20 :

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Jan 16 2009

The Commissioner of Income Tax (Central) - Ii Vs. Pawan Kumar Garg

Court : Delhi

Decided on : Jan-16-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(1D), 2(19C), 2(21), 2(28D), 117(1), 132, 132(1), 132(1)(B), 132B and 132(3); Income Tax Rules, 1962 - Rule 112(2); Finance Act, 2007

Reported in : (2009)221CTR(Del)36; [2009]178TAXMAN491(Delhi)

also been defined under Section 2(1D) which was introduced with retrospective effect from 01.06.1994 by virtue of the Finance Act, 2007. Under that provision, Additional Director means a person appointed to be an Additional Director of Income-tax under Section … The record indicates that the Director Income Tax (Investigation) issued a warrant of authorization in Form 45 under Section 132 of the Income Tax Act, 1961 (hereinafter referred to as the 'said Act') and Rule 112 (2) (a)

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Oct 29 2008

U.K. Mahapatra and Co. Represented by Its Partner Sri Sudhansu Ranjan ...

Court : Orissa

Decided on : Oct-29-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(7A), 44AB, 131(1), 132, 133A, 133A(1), 133A(2), 133A(3), 133A(5), 133A(6) and 142(2A); Chartered Accountants Act, 1949; Evidence Act, 1872 - Sections 126, 127, 128 and 129; Taxation Laws (Amendment) Act, 1975; Finance Act, 2007; Constitution of India - Articles 14 and 19

Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)

case (supra) and reaffirmed in Sahara India (Firm) case (supra) has no application to the present case. By Finance Act, 2007 with effect from 01.06.2007 proviso has been inserted to Section 142(2A) to the effect that the Assessing Officer … in Commissioner of Income Tax West Bengal-III and Ors. v. Oriental Rubber Works : [1984]145ITR477(SC) , arising under Section 132 of the I.T. Act, held that it is the duty of the Revenue to communicate to the person

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Sep 12 2014

Commissioner of Income-tax Vs. Indian Oil Corporation Ltd.

Court : Mumbai

Decided on : Sep-12-2014

Subject : Direct Taxation

on the view taken by the Madras High Court in the case of CIT v. Cholamandalam Investment and Finance Ltd. [2007] 294 ITR 438/[2008] 166 Taxman 132. It has recorded in the order that the Special Leave … and in law, the Tribunal is justified in holding that interest under section 244A(1)(b) of the Income Tax Act, 1961 is to be granted to the Assessee?" 2. After the Appeal was argued for sometime, Mr.Tejveer Singh

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Apr 02 2007

Ajay Gupta Vs. Commissioner of Income Tax

Court : Delhi

Decided on : Apr-02-2007

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)

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

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Aug 31 2009

Commissioner of Income Tax Vs. D.R. Bansal and ors.

Court : Chhattisgarh

Decided on : Aug-31-2009

Subject : Direct Taxation

Reported in : (2010)228CTR(NULL)247

been so executed or attested.19. It was further brought to our notice that Section 292C was inserted by Finance Act, 2007 (22 of 2007) with retrospective effect from 1st Oct., 1975, which provides for presumption as to assets, books … is justified in law in not giving finding in its order with regard to applicability of presumption under Section 132(4A) of the IT Act, 1961 to the assessment proceedings?2. The other connected income-tax references and income-tax appeals are

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Aug 05 2013

Date of Decision : 5.8.2013 Vs. Union of India and Others

Court : Punjab and Haryana

Decided on : Aug-05-2013

Subject : Direct Taxation

the Income Tax Act, 1961 (hereinafter referred to as “the Act”.) as substituted by an amendment by the Finance Act, 2007 with effect from 1.6.2007 being ultra vires.2. The premises of the petitioner were searched under Section 132 of

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Sep 13 2012

Ram Autar Agarwal Vs. Commissioner of Income Tax Alld

Court : Allahabad

Decided on : Sep-13-2012

Subject : Direct Taxation

placed reliance upon CBDT Circular dated 27th August, 2002 in which it was laid down as under:- "61.3.2-The Finance Act, 2002, has amended s.158BB to clarify that the block assessment of undisclosed income is to be based on … Bala Paul V. Commissioner Of Income Tax, 2003 262 ITR(SC) 407 Commissioner Of Income Tax Vs. P. Mohanakala, 2007 291 ITR(SC) 278 Cit V. Ravi Kant Jain (Delhi), 2001 250 ITR 141 Cit V. Vinod Danchand Ghodwat … by profession and are husband and wife. On 5.3.1992, a search under Section 132(1) of the Income Tax Act, 1961 (the Act) was conducted at

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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

Assessment Orders (where assessment stood completed) by holding that Section 153C of the Act, 1961 (as amended by Finance Act, 2015) would not apply to searches under Section 132 of the Act, 1961 initiated before the date of

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May 07 2008

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Decided on : May-07-2008

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Finance Act, 1998 - Sections 86 to 98; Indirect Tax Act; Direct Tax Act; Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974; Kerala Sales Tax Act; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986; Code of Criminal Procedure (CrPC) - Sections 239, 245 and 482; Customs Act, 1962 - Sections 28, 90(1), 127H, 132 and 136; Constitution of India - Article 246; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

for clearance of the car, secondly in a scheme, namely, Kar vivad Samadhan Scheme, 1998 (KVSS) floated vide Finance Act No. 2 of 1998 which commenced from 1.9.1998, it was clearly provided that if a tax- payer settles … then urged that the only offence which could have been alleged against any of the accused was under Section 132 of the Customs Act, 1962, i.e., of making a false declaration. The argument was that since the offence

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