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Sahara India (Firm), Lucknow Vs. Commissioner of Income Tax, Central-i ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 44AB, 136, 142(2A), 142(2B), 142(2C), 142(2D), 142(3), 144, 153(3), 158BC, 269UD and 288; Finance Act, 2007; Bombay Municipal Corporation Act, 1888 - Sections 314; Chartered Accountants Act, 1949; Indian Penal Code (IPC), 1860 - Sections 193 and 228

Reported in : (2008)216CTR(SC)303; 2008(226)ELT22(SC); [2008]300ITR403(SC); JT2008(6)SC83; 2008(6)SCALE733; 2008AIRSCW3665

audit under Sub-section (2A) and proposed to be utilized for the purposes of the assessment.[* Inserted by the Finance Act, 2007 w.e.f. 1-6-2007].6. A bare perusal of the provisions of Sub-section (2A) of the Act would show that the … Income Tax and Ors. According to learned Counsel for the petitioner, before any direction can be issued under Section 142(2A) of the Income Tax Act, 1961 (in short 'the Act') for special audit of the accounts of the

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

Court : Orissa

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

Asstt. Cit, Rg. 4(1) Vs. Claridges Investments and

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

observations of the Apex Court have since been enshrined in the Act by virtue of an amendment by Finance Act, 2007. Sub-section (2A) of Section 142 is now followed by a proviso:- "Provided that the assessing officer shall not

Brij Lal and ors. Vs. Commissioner of Income Tax, Jalandhar.

Court : Supreme Court of India

Subject : Income Tax

Acts : Income Tax Act, 1995 - Sections 245C,D; Finance act 1996

Reported in : (2011)1SCC1

time being in force. 5. At this stage, it may be noted that section 245C stood substituted by Finance Act, 2007, w.e.f. 1.6.2007. Prior to its substitution, the proviso to section 245C(1), as substituted by the Finance Act, 1987, … any tax is payable on the basis of any return required to be furnished under section 139 or section 142 or as the case may be, section 148, after taking into account the amount of tax, if any,

N. Meenakshi Vs. the Assistant Commissioner of Income Tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 16A(1), 16A(2), 16A(3), 16A(4), 16A(5), 16A(6), 48, 50C, 50C(2), 55A, 69, 69A, 69B, 69C, 129, 142A, 142(2A), 143(3), 147, 153, 153(1), 153(3), 142, 245C, 245D(1), 245R(3), 245Q(1), 246A, 250, 254, 260, 262, 263 and 264; Indian Stamp Act - Sections 47A; Finance Act, 2006; Finance Act, 2007; Wealth-tax Act, 1957 - Sections 2, 16A, 23A, 24, 34AA, 35, 37 and 38A; Constitution of India - Articles 14 and 226

Reported in : (2009)226CTR(Mad)625

and the periods of limitation are varied by insertion through Finance Act, 2006 with effect from 1.6.2006 and Finance Act, 2007 with effect from 1.6.2007. However, Section 153(3) of the Act exempts the said period of limitation in certain … date on which the Assessing Officer directs the assessee to get his accounts audited under Sub-section (2A) of Section 142 and ending with the last date on which the assessee is required to furnish a report of such

R.N. Sharma Vs. B.M. Gupta (Ex. Registrar J-i) and anr.

Court : Supreme Court of India

Subject : Service

Acts : Supreme Court Rules, 1966 - Rule 5

Reported in : 2007(5)SCALE203; (2007)9SCC37

Matched in: Citation 2007(5)SCALE203; (2007)9SCC37

at and T Communication Services India (P) Ltd. Vs. Commissioner of Inc ...

Court : Delhi

Subject : Land Acquisition

show cause notice was issued by the A.O. Section 142(2A), before insertion of the first proviso by the Finance Act, 2007, w.e.f. 1.6.2007, did not contemplate any show cause notice. Even so the Supreme Court in the case of

Skb Dryfruits Marketing Co. Pvt. Ltd. Vs. Commissioner of Central Exci ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act

Reported in : 2008(128)ECC83; 2008(154)LC83(SC); 2008(224)ELT339(SC)

rule audi alteram partem is required to be observed. Also, it is pertinent to note that by the Finance Act, 2007, a proviso to Section 142(2A) has been inserted with effect from 1.6.2007, which provides that no direction for

Director of Income Tax Vs. Ericsson A.B.,new Delhi

Court : Delhi

Subject : Direct Taxation

India; or (ii) the non-resident has rendered services in India.".62. We may place on record that initially the Finance Act, 2007 inserted an Explanation at the end of Section 9 to provide that "for the removal of doubts, it … allowed by the CIT(A). (vi) The additional ground regarding invalidity of notice issued by the assessing officer under Section 142(1), taken on 05.12.2000, was dismissed. The CIT(A) thus partly allowed the appeal of the assessee..12. The assessee was

Sahara India Financial Corporation Ltd. Lucknow vs.cit and Ors.

Court : Delhi

Subject : Education

from the receipt of the impugned order. Contentions 5. OSC contends that Section 142(2A), as amended by the Finance Act, 2013, violates Article 14 of the Constitution of India. The petitioner contends that by the said amendment, the … (AO), requiring the petitioner to show cause as to why special audit of its accounts for the AYs 2007-08 to 2013-14 should not be directed. The AO was of the view that the W.P.(C) 3222/2008 & connected