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Chitra Devi, Prem Prakash Soni and Vs. Assistant Commissioner of Incom ...

Court : Income Tax Appellate Tribunal ITAT Jodhpur

..... may pause here for a moment to clarify the legal position on this point as it emanates from the statutory provisions after the amendment effected vide finance act, 2002 in section 158b w.r.e.f. ..... we may note that the provision of section 158bb(1) stands amended vide finance act, 2002 w.r.e.f 1st july, 1995, and the relevant amended provision stands as under : "158bb-(1) the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling with the block period computed in accordance with the provisions of this act, on the basis of evidence found as a result of search or requisition of books of account or other documents and such other materials ..... accordingly, in view of the provision of section 158bb(1) as it stands amended vide finance act, 2002, w.r.e.f 1st july, 1995, an addition, on account of household expenses deemed to have been met out of job work income, estimated on the basis of statement recorded during search, cannot justifiably be made in the block assessment ..... as section 158bb(1) stands as amended vide finance act, 2002, w.r.e.f ..... disputed the validity of search operation on the ground that there was no material to lead to the formation of belief that the appellant's case fell in any of the three categories mentioned in section 132(1) of the act the tribunal, however, rejected the ground for the reason that it did not arise from the order of the cit(a).obvious as it is, the tribunal did not decide the issue on merits, .....

Cadbury Schweppes Beverages Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)5SOT647(Mum.)

..... finance bill, 2002, section 271 of the income tax act has been amended ..... dyeing & printing case (supra) that if a case is decided ex parte by hon'ble bombay high court as in chemiequip's case (supra), it does not lay down a binding precedence.further, there were amendments in section 271(1)(c) by taxation laws (amendment) act, 2002. ..... amendment is clarificatory in nature, it is so stated in the finance bill, 2002; notes on clauses (see (2002) ..... amendment was considered by hon'ble bombay high court in chemiequip's case (supra) and held that the amendment is clarificatory in nature as per clarificatory notes on clauses in the finance bill, 2002 ..... income in respect of which particulars have been concealed or inaccurate particulars have been furnished had such income been the total income;" the scope and effect of the amendments made by taxation laws (amendment) act, 1975, has been elaborated in department circular no.204 dated 24-7-1976. ..... section 271(1) for the purposes of section 271(1)(iii) which was introduced with effect from 1-4-1976 by the taxation laws (amendment) act ..... the other view is that after amendment in the act by taxation laws (amendment) act, 1975, which was with effect from 1st april, 1976, penalty for concealment can be levied even in a case where ..... by clause 97(f) of the finance bill, 2002, it is claimed that in cases where the amount of income in respect of which particulars have been concealed, has the effect of reducing the loss declared in the return, then the amount of .....

Assistant Commissioner of Income Vs. Dr. (Mrs.) Sharda Adhalkha

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2005)95TTJ(Asr.)643

..... referred to amendment to sub-section (b) of section 158bc as amended by the finance act, 2002, w.e.f ..... the provisions of section 158bc(b) have been amended by the finance act, 2002 with retrospective effect ..... proviso to section 113 was inserted by the finance act, 2002, w.e.f. ..... the position has materially changed after the amendment has been introduced in the act.therefore, the ratio of those decisions would not be applicable after the amendment to sub-section (b) of section 158bg had come into being.the learned counsel has not drawn our attention to any decision where the amended sub-section (b) of section 158bc has been considered by the bench ..... action on the part of the cit(a) in deciding the appeal by relying on decisions which were applicable to pre-amended provisions and without referring to the amendment introduced to section 158bc(b) with retrospective effect is erroneous and unjustified. ..... ) 113 taxman 74 (cal)(mag) it was held that surcharge was not leviable in respect of searches, conducted before 1st june, 2002, as this amendment has not been made applicable with retrospective effect. ..... the cit(a) and restore these two grounds to his file for deciding the same afresh as per law and after allowing proper opportunity to the assessee and after taking into account the amended provisions of section 158bc(b) of the act. ..... although the amendment to section 145 had come into operation with retrospective effect, the learned cit(a) has not taken into account the same while deciding the .....

Sukh Ram Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)99ITD417(Delhi)

..... before us, heavy reliance has been placed by the learned dr on the amendment made in section 158bb(1) by the finance act, 2002 with retrospective effect from 1-7-1995 to contend that even the other material or information as are available with the assessing officer and relatable to the evidence found as a result of search also can be used as ..... he also relied on the amendment made in sub-section (1) of section 158bb by the finance act, 2002 with retrospective effect from 1-7-1995 to contend that even 'such other material or information as are available with the assessing officer and relatable to the evidence found as a result of search' can also be used as evidence for computing the undisclosed income of the assessee for the block period.he contended that even though this amendment has been made after the completion of assessment ..... as regards the reliance placed by the assessee on the amendment made subsequently by the finance act, 2002 in the said provisions with retrospective effect from 1-7-1995, he contended that application of such amended provisions, which were not in the statute at the time of completion of assessment, would certainly cause discrimination and the same, therefore, cannot be taken into consideration at this stage by ..... were relatable to the cash found during the course of search and the same, therefore, cannot be used as the basis for computing the undisclosed income of the assessee even going by the provisions of section 158bb(1) as amended by finance (no. .....

Union of India (Uoi) and ors. Vs. MartIn Lottery Agencies Ltd.

Court : Supreme Court of India

Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301

..... commissioner of income tax, delhi-i : [2007]289itr83(sc) , holding:it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003. ..... whether sale, promotion and marketing of lottery tickets would be exigible to `service tax' within the meaning of the provisions of section 65(105) of the finance act, 1994 (hereinafter called and referred to for the sake of brevity as `the act') is the question involved in this appeal which arises from a judgment and order dated 18.9.2007 passed by the high court of sikkim in writ petition (c) no. ..... after the special leave petition was filed in this court, the parliament by finance act, 2008 inserted an explanation in sub-clause (ii) of section 65(19), which came into force on or about 16.5.2008 and reads as under:explanation--for the removal of doubts, it is hereby declared that for the purposes of this sub- clause, 'service in relation to promotion or marketing of service provided by the ..... in the instant case, however, what is sought to be taxed under sub-clause (ii) of clause (19) of section 65 of the finance act, 1994 is the services rendered by an assessee to its client in promoting and marketing of lotteries organized by the state government and not anything else. .....

Chitra Devi Vs. Asstt. Cit

Court : Rajasthan

Reported in : (2002)77TTJ(NULL)640

..... a moment to clarify the legal position on this point as it emanates from the statutory provisions after the amendment effected vide finance act, 2002 in section 158b w.r.e.f. ..... of section 158bb(1) as it stands amended vide finance act, 2002, w.r.e.f ..... section 158bb(1) stands as amended vide finance act, 2002 ..... section 158bb(1) stands amended vide finance act, 2002 w.r.e.f ..... the ground that there was no material to lead to the formation of belief that the appellant's case fell in any of the three categories mentioned in section 132(1) of the act the tribunal, however, rejected the ground for the reason that it did not arise from the order of the commissioner (appeals). ..... containing the reasons for formation of belief as postulated under section 132(1), the only inferential conclusion, that the tribunal may, irresistibly but appropriately draw, is that in fact there did not exist reasons with the competent authority to entertain belief reasonably and honestly regarding the satisfaction of conditions as postulated under clauses (a), (b), (c) of section 132(1) of the act, and so the authorization for search was not valid ..... the arguments in this matter were heard on 19-3-2002, and 27-3-2002, but the learned senior departmental representative did not produce the record containing the reasons, postulated under sections 132(1)(a), (b) and (c); and the learned senior departmental representative showing his helplessness of furnishing the record before the tribunal for perusal, expressed that he had .....

Union Of India Vs. Ashish Agarwal

Court : Supreme Court of India

..... period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and (b) subsequently a notice has been served under sub section (2) of section 143 after the expiry of twelve months specified in the proviso to subsection (2) of section 143, as it stood immediately before the amendment of said sub section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re assessment 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 in a case (a) where a return has been furnished .....

N.K. Proteins Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2004)83TTJ(Ahd.)904

..... of the claim for purchases shown as purchases made from these billing agents/name lenders resulting in addition on account of either bogus purchases or inflated purchases will surely come within the ambit of undisclosed income as defined in section 158b(b) as amended by the finance act, 2002 with retrospective effect from 1st july, 1995. ..... be willing to sell such unaccounted goods at a much lower rates in view of various manifold advantages, such as savings in all kinds of taxes, duties, utilisation of black money and various other factors, the legislature in its wisdom has amended section 40a(3) by the finance act, 1995 w.e.f. ..... 529 and 530 as under: "earlier the assessee invoked the writ jurisdiction of this court seeking to challenge the notices issued to them under section 143(2) of the act by which the assessees were required to attend the office of the revenue in connection with the return of income submitted by them for the asst. yr ..... it may also be relevant here to once again refer to the amended definition "undisclosed income" given in section 158b(b) which, inter aha, includes any expenses, deduction or allowance claimed under this act, which is found to be false. ..... during the search showing that the assessee was the owner of the jewellery business run in the name of the third person and the assessee was not able to rebut the presumption arising under section 132 of the act, income from jewellery business was assessable in the hands of the assessee.kerala liquor corporation v. .....

Mahim Patram Private Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2007(4)SC50; 2007(3)SCALE584; (2007)3SCC668; 2007[7]STR110; [2007]7STT136

..... in deference to the aforementioned judgment of this court, the parliament amended section 2(g) of the 1956 act by finance act, 2002. ..... agrawal that the matter has to be considered from the point of view of amendments of section 2 and section 13 of the 1956 act by finance act, 2005 must be held to be not applicable in the instant case. ..... by reason of section 89 of the finance act, 2005, section 2 of the 1956 act was amended incorporating clause (ja) defining 'works contract' in the following terms:(ja) 'works contract' means a contract for carrying out any work which includes assembling, construction, building, altering, manufacturing, processing, fabricating, erection, installation, fitting out, improvement, repair or commissioning of any movable or immovable property.section 13 of the 1956 act was also amended. ..... since the question of levy of inter-state sales tax under section 6 of the central sales tax act is not in issue in these cases which only relate to imposition of sales tax by the states, we do not propose to go into the question, whether such a tax can be levied on deemed sales resulting from transfer of property in goods involved in the execution of a works contract without amending the definition of sale in section 2(g) of the central sales tax act, so as to include such transfers within its ambit. .....

Commissioner of Income Tax Vs. Moser Baer India Limited

Court : Delhi

Reported in : (2007)213CTR(Del)64

..... return, the computation cannot be made because here there is no total income, and because the computation cannot be made, the charge cannot be levied.the supreme court went on to explain (itr, p.106):prior to the amendment made to section 271 by the finance act, 2002, which came into operation on 1.4.2003, no penalty for concealment could be imposed unless some tax was payable by the assessed. ..... it is only by this amendment that the hitherto inseverable inter- connection between the liability to pay tax and the imposition of penalty was severed for the first time.it may be noted that the amendment made to section 271 by the finance act, 2002, only stated that amended provision would come into force with effect from ..... for page 0898 the first time only by the amendment made by the finance act, 2002 with effect from 1.4.2003. ..... view of the unambiguous declaration of the law by the supreme court, it is beyond doubt that no penalty can be levied under section 271(1)(c) of the act on the assessed for the assessment year in question that is 1996-97 since there is no positive assessed income on which any tax ..... '` can only connote a positive figure and prior to the 2003 amendment, explanationn 4(a) to section 271(1)(c) required the computation to be done with reference to ``total ..... the amendment adding explanationn (4) to section 271(1)(c) of the act which permits the levy of penalty even where the income is not positive was made effective only from 1st april, 2003, that is from the assessment .....