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Search Results Judgments > Act:INCOME TAX ACT 1961 Section 133

Oct 31 2007

Commissioner of Income Tax Vs. Cholomandalam Investemnt and Finance Co ...

  • Decided on : 31-Oct-2007

Court : Chennai

Reported in : [2009]309ITR110(Mad)

... the assessment ;is valid in law3. Learned Counsel appearing for the revenue relied on explanation (2) appended to Section 147 of the Income-tax Act and contended that the case of the assessee would come within the purview of Sub-clause (iv) of Clause ... assessee submitted that information on 4.12.1998. In order to verify the genuineness of these transactions, a notice under Section 133(6) calling for certain information was issued to all the lessees and suppliers involved in the lease transactions. Further, the ... the part of the assessee so as to enable the Department to reopen the assessment as the proviso to Section 147 of the Income-tax Act would squarely apply to the case of the assessee. We find no infirmity in the order passed by ... Income-tax Act and contended that the case of the assessee would come within the purview of Sub-clause (iv) of Clause (c) of Explanation (2) to the effect that the assessee has claimed excessive loss or depreciation allowance and in that circumstance, Section ...

Dec 11 2006

Raj and Raj Investments represented by its partner Sri S. Paniraj Vs. ...

  • Decided on : 11-Dec-2006

Court : Karnataka

Reported in : (2007)213CTR(Kar)206; [2007]293ITR57(KAR); [2007]293ITR57(Karn)

... . P.S. Nagaraja, Income Tax Officer, Ward 1(1) in terms of the authorisation issued in his favour by the Joint commissioner of income tax, Range-II, Mysore exercising his power under Section 133A(i) of the Income Tax Act, 1961.2. It appears the ... Aravind, learned Counsel for the respondents.The provision reads as under:-Section 133(A) Power of survey.-(1) Notwithstanding anything contained in any other provision of this Act, an income tax authority may enter-(a) any place within the limits of the ... commissioner of income tax, Range-II, Mysore exercising his power under Section 133A(i) of the Income Tax Act, 1961.2. It appears the survey lasted for not less than 12 hours in the premises during the course of which the Income Tax authorities claim ... of the Income Tax Authorities under the provisions of Section 133A, particularly the act of initial retention being now authorised by the provisions of Section 133A(3)(ia) and further retention under proviso (b) to Section 133A(3)(ia) of the Act, no ...

Feb 18 2011

COMMISSIONER OF INCOME TAX Vs. BINDALS APPARELS

  • Decided on : 18-Feb-2011

Court : Delhi

... survey was conducted under Section 133A of the Income Tax Act (hereinafter referred to as the Act), i.e., on 21.01.1999. For the year in question, return of income was filed by the assessee on 25.11.1999 declaring a total income of `27,04 ... angle, the AO's estimate of `46,95,347 could not be said to be devoid of merit.6. The Income Tax Appellate Tribunal (Tribunal for brevity) has allowed the appeal thereby deleting the said addition and holding that GP rate of ... declaring a total income of `27,04,313.50. In this return, `25 lacs which were offered for taxation at the time of survey were included. The Assessing Officer (AO) framed the assessment under Section 143(3) of the Act and in the ... to the tune of `35.28 lacs was found which was unaccounted and was offered for taxation. So much unaccounted income within 9 months 21 days of the start of the business would show that it was at the rate of ...

Aug 26 2010

M/S Rajendra Prasad Subash Chand. Vs. U O I And Ors.

  • Decided on : 26-Aug-2010

Court : Rajasthan - Jaipur

... Income Tax (Appeals) Alwar (for short, 'the CIT'), who in its turn, confirmed the assessment order passed by the Assessing Officer. Factual matrix of the case is that on 06.05.2002 a survey under Section 133A of the Income Tax Act, 1961 (for short, 'the Act ... Section 133A of the Act, the case of the appellant-assessee was selected for compulsory scrutiny by issuing notice to it under Section 143(2) on 06.05.2004, however, the jurisdiction of the case was transferred to Assistant Commissioner of Income Tax ... Act, the case of the appellant-assessee was selected for compulsory scrutiny by issuing notice to it under Section 143(2) on 06.05.2004, however, the jurisdiction of the case was transferred to Assistant Commissioner of Income Tax, Circle-2, Alwar, as the income ...

Feb 20 2007

CRN Investments (P) Ltd. Vs. The Commissioner of Income Tax

  • Decided on : 20-Feb-2007

Court : Chennai

Reported in : [2008]300ITR342(Mad)

... income and had made liable for levy of penalty under Section 271(1)(c) of the Act. ' In the circumstances, the Tribunal upheld the order of the appellate authority. 9. Aggrieved of this, the assessee has come on appeal under Section 260A of the Income Tax Act ... aforesaid factual backdrop, the conclusion is factual, giving rise to no questions of law. Considering the limited scope under Section 260 of the Income Tax, Act, we do not find any justification to disturb the order of the Tribunal. Consequently, the appeal stands ... committed a fraud which had the effect of huge financial liability in the form of tax, interest and penalty coupled with threat of prosecution under the Income Tax Act, but yet had not taken any action against BSAL and not even an attempt ... of the revised return before issue of notice under Section 148 of the Act, cannot be treated as a voluntary act, that the appellant is guilty of concealing income and is liable for penalty under Section 271(1)(c) of the Act2. It is ...

Mar 18 1954

S.N. Namasivayan Chettiar Vs. The State of Madras, represented by the ...

  • Decided on : 18-Mar-1954

Court : Chennai

Reported in : AIR1954Mad879

... under Article 133 of the Constitution. Tile dispute related to the payment of income-tax and excess profits tax. There is no dispute regarding the amount, as the assessments have become final.The petitioner claimed that, under the proviso to Section 45 of the Income-tax Act ... petitioner claimed that, under the proviso to Section 45 of the Income-tax Act as there was a restriction by the law obtaining in Ceylon under which he was not allowed to remit his foreign income into the taxable territory during the rele- ... the bar under the proviso to Section 45 of the Income-tax Act would apply to the case. As the assessee failed to establish that, the department treated him as a defaulter and proceeded to collect the tax.The question before us was ... gave him an opportunity to prove, if possible to the satisfaction of the Commissioner of Income-tax that he made bona fide efforts to remit the foreign income into the taxable territory , and that notwithstanding such efforts he was not successful. For ...

Sep 08 2010

Vodafone International Holdings B.V. Vs. Union of India (UOI) and Anr.

  • Decided on : 08-Sep-2010

Court : Mumbai

... Income Tax Act, 1961.Section 5(2) and Section 9(1) : identification of nexus :78. The charge of income tax under Sub-section (1) of Section 4 is on the total income of every person for a previous year at the rate or rates enacted in a Central Act. Under sub section ... Notice under Section 133(6) :32. On 15 March 2007, the Joint Director of Income Tax (International Taxation) issued a notice under Section 133(6) of the Income Tax Act, 1961 to HEL ... Section 90 of the Income Tax Act, 1961.Section 5(2) and Section 9(1) : identification of nexus :78. The charge of income tax under Sub-section (1) of Section 4 is on the total income of every person for a previous year at the rate or rates enacted in a Central Act ... income is taxed only once. In India international agreements on the avoidance of double taxation, such as the one with Mauritius, are sanctified by Section 90 of the Income Tax Act, 1961.Section 5(2) and Section 9(1) : identification of nexus :78. The charge of income tax under Sub-section ...

Sep 14 1990

Income-Tax Officer, Calicut Vs. Smt. N.K. Sarada Thampatty

  • Decided on : 14-Sep-1990

Court : Supreme

Reported in : AIR1991SC2035; (1990)89CTR(SC)154; [1991]187ITR696(SC); JT1990(4)SC358; 1990(2)KLT940(SC); [1990]Supp1SCR473

... 133 of the Constitution. Hence these appeals.4. The learned single Judge held that Section 171 of the Income Tax Act does not apply to a case where the division was effected before the commencement of the accounting period, and the HUF having received no income ... of Tavazhi into 14 shares was effected by a Civil Court decree in partition suit No. O.S. 22/1961 in the Court of Kozhikode. It was pointed out on behalf of the respondent that the partition suit was ... Family. Under that Section there was no provision in the nature of Explanation to Section 171 of the Income Tax Act. This Court had no occasion to interpret Section 171 instead the Court interpreted Section 29 of that Act which is quite different from Section 171, therefore ... tax after partition of a Hindu Undivided Family. Under that Section there was no provision in the nature of Explanation to Section 171 of the Income Tax Act. This Court had no occasion to interpret Section 171 instead the Court interpreted Section 29 of that Act ...

May 09 2000

Arti Gases Vs. Director of Income-tax (Investigation)

  • Decided on : 09-May-2000

Court : Gujarat

Reported in : [2001]248ITR55(Guj)

... provisions of Sections 158BC and 131(1A) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), were served upon them. It is their case that the search was not proper for the reason that the provisions of Section 132 of the Act had ... be issued only before initiation of proceedings under Section 132 of the Act. Moreover, even under the provisions of Section 133 of the Act, the Assessing Officer or the officers referred to in the said section are having power to call for infor-mation. ... was not possible to hold that the Income-tax Officer had any reason to form the necessary belief which was a condition precedent for issuance of notice under Section 34(1)(a) of the Indian Income-tax Act, 1922. For coming to the said ... before him or any other income-tax authority.' 14. The learned advocate, Shri Puj, has submitted that the powers under Section 131(1A) cannot be exercised after initiating proceedings under the provisions of Section 132 of the Act and, therefore, the notices issued ...

Jun 05 2007

The Commissioner of Income Tax Vs. S. Kalaivani

  • Decided on : 05-Jun-2007

Court : Chennai

Reported in : [2008]296ITR505(Mad)

... the case, the Income Tax Tribunal is right in law in holding that Section 142A is not applicable to the facts of the present case for the assessment year 1996-97 especially when Section 142A was inserted by the Finance Act 2004 with retrospective effect ... that the Assessing Officer has failed to exercise the powers conferred on him under Section 133(6) of the Act and/or under Section 142(2) of the I.T. Act. Further, the Assessing Officer has not pointed out any other material which would support ... returns on 28.10.2003 and thereafter, notice under Section 143(2) of the Act was issued.2.2. The assessee also filed a letter requesting to consider the order of the Income Tax Tribunal and that a miscellaneous petition filed before the Tribunal ... returns on 26.2.1999, which was processed under Section 143(3) of the Act along with the returns for the assessment year 1997-98, considering the investment in building. As the Commissioner of Income Tax (Appeals) directed that unexplained investment in the ...

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