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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)

... Income-tax Appellate Tribunal is right in law in holding that the assessment has been reopened after 4 years from the end of the relevant assessment year, even though the assessee not disclosed fully and truly the material facts for completing 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 ... 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. ... 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 (c) of Explanation (2) to the effect that the assessee has claimed excessive loss or depreciation allowance and in that circumstance, Section ... 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 ... Section 133(6) and found that there was no discrepancy in it. From that, it was clear that while making the original assessment the assessing officer had called for the basic details regarding those purchases, and the assessee had furnished those details. On that basis, the assessment has been completed. This factum has been taken into consideration by the Commissioner of Income-tax ...

Sep 14 1990

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

  • Decided on : 14-Sep-1990

Court : Supreme Court of India

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

... Article 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 during the accounting period it could not be assessed to tax notwithstanding the fiction introduced by Section ... .2.1963. She further alleged that the. division 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 decreed and the properties were allotted to the ... Income Tax Act 1950 as amended in 1964 was involved. Section 29 after its amendment in 1964 made provision for assessment of Agricultural 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 ... Section 29 of the Kerala Agricultural Income Tax Act 1950 as amended in 1964 was involved. Section 29 after its amendment in 1964 made provision for assessment of Agricultural 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 ...

Jun 05 2007

The Commissioner of Income Tax Vs. S. Kalaivani

  • Decided on : 05-Jun-2007

Court : Chennai

Reported in : [2008]296ITR505(Mad)

... Section 148 of the Act was issued for reassessment. Pursuant to the same, the assessee filed 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 ... we find 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 his ... Section 142A was inserted by the Finance Act 2004 with retrospective effect from 15.11.1972?2.1. The revenue is the appellant. The assessee filed her 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 ... of 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 from ... 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 in respect of the above said order is pending. However, the unexplained investment was considered for the assessment year 1996-97 and added to the income ...

Sep 26 2000

Vinod Goel and Ors. Vs. Union of India and Ors.

  • Decided on : 26-Sep-2000

Court : Punjab and Haryana

Reported in : [2001]252ITR29(P& H)

... S. Singhvi, J.1. The petitioners have prayed for quashing of the search warrant issued by the Deputy Director of Income-tax (Investigation)-II. Jalandhar (respondent No. 3), under section 132 of the Income-tax Act, 1961 (for short, 'the 1961 Act'). They have also prayed for grant of a declaration that the search and seizure operation carried out at their premises on December 23, 1998, was ... under section 132 of the Income-tax Act, 1961 (for short, 'the 1961 Act'). They have also prayed for grant of a declaration that the search and seizure operation carried out at their premises on December 23, 1998, was illegal.2. The facts necessary for deciding this petition are that on December 8, 1998, search and seizure operation was carried out by the authorities of the Income-tax ... the concernedauthority has reason to believe that any person to whom a summons under Section 37(1) of the Indian Income-tax Act, 1922 (for short, 'the 1922 Act') or under Section 131(1) of the 1961 Act or a notice under Section 22(4) of the 1922 Act or under Section 142(1) of the 1961 Act was issued to produce or cause to be produced any books of account ... that-- (a) any person to whom a summons under Sub-section (1) of Section 37 of the Indian Income-tax Act, 1922 (II of 1922), or under Sub-section (1) of Section 131 of this Act, or a notice under Sub-section (4) of Section 22 of the Indian Income-tax Act, 1922, or under Sub-section (1) of Section 142 of this Act was issued to produce, or cause to be produced, any ...

Feb 25 2003

Kechery Service Co-operative Bank Ltd. Vs. The Commissioner of Income ...

  • Decided on : 25-Feb-2003

Court : Kerala

Reported in : (2003)182CTR(Ker)517; [2003]263ITR161(Ker); 2003(2)KLT32

... Sivarajan, J. 1. The scope and ambit of Section 133(6) of the Income Tax Act, 1961 (for short 'the Act') as amended by the Finance Act, 1995 arise for consideration in these appeals. All these writ appeals arise from a common judgment of the learned single Judge in O.P. No. 30610 of 2002 and ... , statutory authorities vested with responsibility to levy tax on income will be prevented from achieving their objective and that will defeat the very purpose of the Income Tax Act.'It was further observed as follows:In fact proceedings under Section 133(6) is essentially to ensure as to whether there is violation of Section 269SS of the Income Tax Act. If Section 269SS is observed by the Co-operative Societies ... the provisions of Section 269S of the Income Tax Act to hold that the roving enquiry is permissible under Section 133(6) of the Act. The counsel further submitted that the Calcutta High Court in Grindlays Bank Ltd. v. Income Tax Officer and Ors. : [1998]231ITR612(Cal) had held that even after the insertion of the word 'enquiry' in Clause (6) of Section 133 by the Finance Act, 1995 and ... the Income Tax Act.'It was further observed as follows:In fact proceedings under Section 133(6) is essentially to ensure as to whether there is violation of Section 269SS of the Income Tax Act. If Section 269SS is observed by the Co-operative Societies and Cooperative Banks which they are bound to observe, then there should be no difficulty for them to furnish details called for under Section 133 ...

Dec 07 2001

U.G. Upadhya, General Manager, Janatha Co-operative Bank Ltd., Udupi V ...

  • Decided on : 07-Dec-2001

Court : Karnataka

Reported in : (2002)174CTR(Kar)412; ILR2002KAR284; [2002]255ITR502(KAR); [2002]255ITR502(Karn)

... in the said notice. It is stated in the said notice that such enquiry is necessary for widening the tax base and unearthing black money and initiating proceedings in such cases. The aforesaid notices are issued under Section 133(6) of the Income-tax Act, 1961 (for short 'the Act').3. The learned single judge considering the rival contentions, the arguments and the decisions of this court in ... for the Income-tax Department further submits that the impugned notice issued is in accordance with law and as per Section 133(6) of the Act and this court in Writ Petition No. 38360 of 1999 disposed of on November 3, 1999, has considered the same issue and held that the authorities have the power to seek such information under Section 133(6) of the Act. The same ... act, but since no permission was accorded, the issuance of notice was set aside and that case will not be helpful and the learned single judge has rightly distinguished those cases and not interfered in the writ petitions. Learned counsel for the Income-tax Department further submits that the impugned notice issued is in accordance with law and as per Section 133(6) of the Act ... sought for. However, after the amendment by insertion of the word 'enquiry' in Section 133(6) of the Act, a second proviso was also inserted which provides that in respect of an enquiry, in a case where no proceeding is pending, the power shall not be exercised by any income-tax authority below the rank of Director or Commissioner without the prior approval of ...

May 27 2009

S.R. Batliboi and Co. Vs. Department of Income Tax (Investigation)

  • Decided on : 27-May-2009

Court : Delhi

Reported in : (2009)224CTR(Del)369; [2009]315ITR137(Delhi); [2009]181TAXMAN9(Delhi)

... reproduction:50. In the Income Tax Act, 1961 elaborate provisions are made in regard to 'search and seizure' in Section 132; power to requisition books of account, etc. in Section 132-A; power to call for information as stated in Section 133. Section 133(6) deals with power of officers to require any bank to furnish any information as specified there. There are safeguards. Section 132 uses the words ... .2007, the laptops of two employees of the Petitioner were seized by the Deputy Director, Income Tax (DDIT) in the course of conducting a Search and Seizure operation against EMAAR. Subsequently on 17.9.2007, the DDIT issued summons under Section 131 of the Income Tax Act, 1961 (the Act for the sake of brevity) on 17.9.2007 to Ms.Sandhya Sama and Shri Sanjay ... Act was affirmed by the Supreme Court. This ratio can logically be extrapolated upon the facts of the present case to conclude that the Revenue is not empowered to make use of material stumbled upon by its officers in a Search conducted against a third party. The extracted paragraph from Canara Bank particularly calls for reproduction:50. In the Income Tax Act, 1961 ... Income Tax Department has made a valid seizure of the laptops and the Petitioners are bound to provide the password under Section 275B of the Act, which reads thus:275B. If a person who is required to afford the authorized officer the necessary facility to inspect the books of account or other documents, as required under Clause (iib) of Sub-section (1) of Section ...

Feb 25 2002

Karnataka Bank Ltd. Vs. Secretary, Government of India and Ors.

  • Decided on : 25-Feb-2002

Court : Supreme Court of India

Reported in : AIR2003SC2096; [2002]255ITR508(SC); (2002)9SCC106

... It is contended by learned senior counsel for the petitioner that the High Court has wrongly construed the provisions of Section 133(6) of the Income-tax Act, 1961, and the notice dated July 7, 2000, under that sub-section could not have been issued asking for information regarding repayment of loans for the periods referred to in the said notice. Learned senior counsel submits ... by any income-tax authority below the rank of Director or Commissioner without the prior approval of the Director or, as the case may be, the Commissioner.' 3. It is clear from the mere reading of the said provision that it is not necessary that any inquiry should have commenced with the issuance of notice or otherwise before Section 133(6) could ... obtained. In the instant case, the notice dated July 7, 2000, indicates that it was at the instance of the Director of Income-tax (Investigation) that the information was sought for.4. We agree with the construction of the Section as placed by the single judge and the Division Bench of the Karnataka High Court. These special leave petitions are, accordingly, dismissed ... bank's customers is not envisaged by the said sub-section.2. We are unable to agree with learned counsel. Section 133(6), after introduction of the second proviso, reads as follows :'133. The Assessing Officer, the Deputy Commissioner (Appeals), the Joint Commissioner or the Commissioner (Appeals) may, for the purposes of this Act,-- . . . (6) require any person, including a banking company or ...

Aug 11 1977

R.K. Malhotra, ITO, Group Circle II(1), Ahmedabad Vs. Kasturbhai Lalbh ...

  • Decided on : 11-Aug-1977

Court : Supreme Court of India

Reported in : AIR1977SC2129; 1975CriLJ1545; (1977)0GLR905; [1977]109ITR537(SC); (1977)3SCC519; [1978]1SCR289; 1977(9)LC559(SC)

... Income-tax Officer, Group Circle 11(1), Ahmedabad, by certificate granted under Article 133(1)(c) by the High Court of Gujarat against its Judgment June 23, 1970, allowing the application filed by the respondent assessee and issuing a writ of mandamus quashing and setting aside the notice dated September 12, 1969, issued by the Income-tax Officer under Section 148 of the Income-tax Act ... income. As a result of the decision the Income-tax Officer initiated re-assessment proceedings under Section 34(1)(b) of the Income-tax Act. The Supreme Court held that the word 'information' in Section 34(1)(b) included information as to the true and correct state of the law and so would cover information as to relevant judicial decisions. Section 34(1)(b) of the Income-tax Act ... Rs. 4,052 being the municipal taxes be deducted in determining the annual valuation of the properties under Section 23(2) of the Income-tax Act. The Income-tax Officer allowed the claim. The order of assessment was made by the Income-tax Officer on March 14, 1966. Subsequently after a lapse of over 3 years the Income-tax Officer by a letter dated July ... the respondent. The Income-tax Officer treated the properties as self-occupied properties. The respondent claimed that a sum of Rs. 4,052 being the municipal taxes be deducted in determining the annual valuation of the properties under Section 23(2) of the Income-tax Act. The Income-tax Officer allowed the claim. The order of assessment was made by the Income-tax Officer on ...

Aug 31 2007

Income-Tax Officer and Ors. Vs. Kajaria Investment and Properties P. L ...

  • Decided on : 31-Aug-2007

Court : Kolkata

Reported in : [2008]297ITR45(Cal)

... 1. Notice under Section 148 of the Income-tax Act, 1961, (hereinafter referred to as the 'said Act of 1961'), to the respondent/writ petitioner was called in question in the writ petition filed by them. According to the writ petitioner before issuing such notice the Revenue was obliged to satisfy themselves that there had been sufficient ground to reopen the assessment under Section 147 to the ... reasons could not be a ground for quashing of the notice under Section 148 at its threshold. Such law is still good law and is binding upon us. The apex court in the case of Smt. Amiya Bala Paul reported in , held that either under Section 133(6) or under Section 142 the Income-tax Officer was not entitled to seek report from the Valuation ... that either under Section 133(6) or under Section 142 the Income-tax Officer was not entitled to seek report from the Valuation Officer. Hence, the report of the Valuation Officer could not be the basis of issuance of notice under Section 148. The said judgment was delivered by the apex court on July 7, 2003. The Legislature thereafter amended the law by incorporating Section 142A ... under Section 142 the Income-tax Officer was not entitled to seek report from the Valuation Officer. Hence, the report of the Valuation Officer could not be the basis of issuance of notice under Section 148. The said judgment was delivered by the apex court on July 7, 2003. The Legislature thereafter amended the law by incorporating Section 142A by the Finance (No. 2) Act ...

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