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

Dec 24 2002

M.V. Rajendran Vs. Income-tax Officer and Anr.

  • Decided on : 24-Dec-2002

Court : Kerala

Reported in : (2003)180CTR(Ker)369; [2003]260ITR442(Ker)

... on the date specified above. This information is required under Section 133(6) of the Income-tax Act, 1961, after obtaining necessary approval from the Commissioner of Income-tax (CIB), Cochin. Non-compliance to this notice may entail levy of penalty under Section 272A of the Income-tax Act, 1961.' 2. Identical notices as above received by other petitioners ... -operative sectors enjoys certain privileges under the Income-tax Act such as income-tax exemption available to them under Section 80P of the Income-tax Act, immunity from deduction of tax on the interest received by them under Section 194A of the Income-tax Act, etc. Therefore, their contention is that Section 133(6) of the Income-tax Act does not authorise issuance of notice to ... Act like any other person is subject to the discipline provided under the Income-tax Act including Section 133(6) of the Act. 5. The first question to be examined is whether notice under Section 133(6) of the Income-tax Act can be issued to a co-operative society including a co-operative bank. Section 133 is extracted hereunder : '133. The ... Income-tax Act including Section 133(6) of the Act. 5. The first question to be examined is whether notice under Section 133(6) of the Income-tax Act can be issued to a co-operative society including a co-operative bank. Section 133 is extracted hereunder : '133. The Assessing Officer, the Deputy Commissioner (Appeals), the Joint Commissioner or the Commissioner (Appeals) may, for the purposes of this Act ...

Feb 05 1965

Commissioner of Income Tax Vs. Kamal Singh Rampuria

  • Decided on : 05-Feb-1965

Court : Kolkata

Reported in : AIR1966Cal454

... Section 66A(3) of the Income Tax Act makes it applicable), and the decisions arising out of Article 133 of the Constitution and Section 66 of the Income Tax Act, were cited in sup-port of the respective contentions of either side It is not pretended that the point raises no difficulty.25. Coming straight to the decisions, a direct case of the Privy Council on Section 66A of the Income Tax Act ... certificate for leave under Article 133 in respect of a particular year of the assessment can be granted. Our attention was drawn to the two other decisions in the case of Provat Kumar Mitter v. Commr. of Income-tax, W. B. : [1961]41ITR624(SC) and in the case of Commr. of Income-Tax v. Scindia Steam Navigation, Co. Ltd. : [1961]42ITR589(SC) and it was ... on Section 51 of the Income Tax Act of 1918 when there was no provision like Section 66A of the present Act. But the East Punjab High Court In the case of Rajmal Paharchand v. Commr, of Income-Tax equated the requirements under Section 66A with Article 133(l)(c) of the Constitution. The Allahabad High Court in the case of Mishrimal Gulab Chand v. Commr. of Income Tax : [1951] ... Court of India and of different High Courts arising out of cognate provisions of Sections 109 and 110 of the Code of Civil Procedure (Section 66A(3) of the Income Tax Act makes it applicable), and the decisions arising out of Article 133 of the Constitution and Section 66 of the Income Tax Act, were cited in sup-port of the respective contentions of either side It is ...

Jan 02 2014

Kernex MicroSystems (India) Ltd.,Hyder Vs. Deputy Commissionerof Incom ...

  • Decided on : 02-Jan-2014

Court : Andhra Pradesh

... the Income Tax Act 5.5. Whether the Hon'ble ITAT was justified in restoring the addition of Rs.20 lakhs solely basing itself on the statement recorded by the assessing officer under Section 133A of the Income Tax Act from the Managing Director of the appellant company, which statement cannot be put on par with a sworn statement under Section 133 (1) or 133 (4) of the Income Tax Act ... . Here the assessee has not made any attempt to explain before the Commissioner of Income Tax (Appeals) suggesting not to accept the same. Here instead of retracting the assessee called upon to act upon the same to pass assessment order and accordingly it was done and the tax was duly paid. We fail to understand why challenge should be made at a ... Income Tax (Appeals) took up the factual point, which was not stated in the grounds of appeal, that the aforesaid admission was recorded under mistaken belief of fact and law. Taking note of this argument, perhaps and without verifying whether such ground has been made out or not, the Commissioner of Income Tax (Appeals) observed as follows: ".Before going into the legal intricacy whether income ... tax and after that an appeal was preferred before the Commissioner of Income Tax (Appeals).In the said appeal we do not find that the appellant has made out any case that the aforesaid admission was not made voluntarily and it was made by mistake or anything else. It appears from the record that only the learned lawyer appearing before the Commissioner of Income Tax ...

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 ...

Jun 03 2000

Prasanchand Surana Vs. Assistant Commissioner Of

  • Decided on : 03-Jun-2000

Court : Income Tax Appellate Tribunal (ITAT) - Hyderabad

Reported in : (2001)76ITD423(Hyd.)

... information could be gathered by way of investigation and examination of the person under section 132(4) of the Income-tax Act, 1961. Section 132(4) clearly mentions that the statement recorded during the course of search can be used in evidence in any proceedings under the Income-tax Act. Explanation to section 132(4) further mention that the authorised officer is at liberty to examine ... but they are broadly to be utilised to provide a machinery to achieve the purpose of the Act or to effectuate the charging provisions of the Act. The Hon'ble High Court has also held that sections 131, 133 and 142 of the Income-tax Act, 1961 are machinery provisions which vest ample powers in the Assessing Officer.The learned Departmental Representative also ... basis for determining the undisclosed income of the block period. Such material or evidence may not necessarily be in the form of entries or loose sheets found and seized during the course of search. This information could be gathered by way of investigation and examination of the person under section 132(4) of the Income-tax Act, 1961. Section 132(4) clearly ... of this Act. Here also reference-has been made to transactions representing wholly or partly income or property which has not been or would not be disclosed.13. Section 158BB(2) of the Income-tax Act, 1961 provides that in computing the undisclosed income of the block period, the provisions of sections 68, 69, 69A, 69B and 69C shall be applicable. Section 69B of the Income-tax Act ...

Feb 22 1990

Elgin Mills Co. Ltd. Vs. Commissioner of Income-tax and Anr.

  • Decided on : 22-Feb-1990

Court : Allahabad

Reported in : [1990]184ITR326(All)

... Section 148.8. The legal position and the scope of judicial review in regard to action initiated under Section 147/148 of the Income-tax Act is no longer in doubt. Right from the case of Calcutta Discount Co. Ltd. : [1961]41ITR191(SC) , the consistent view of the Supreme Court is that existence of reason to believe that income chargeable to tax ... -company under Section 133(6) of the Income-tax Act. (Sd.) V.K. Singal9-9-1986Inspecting Assistant Commissioner ofIncome-tax (Asstt.) Range-II, Kanpur.' 12. The reasons recorded by the Inspecting Assistant Commissioner having received the approval of the Commissioner of Income-tax, Kanpur, the impugned notices were issued to the petitioner for the two assessment years under Section 148. From ... tax had escaped assessment. In support, learned counsel placed reliance on Indian Oil Corporation v. ITO : [1986]159ITR956(SC) , Ganga Saran and Sons (P.) Ltd. v. ITO : [1981]130ITR1(SC) and Calcutta Discount Co. Ltd. v. ITO : [1961]41ITR191(SC) . These authorities lay down the parameters of the power of the assessing officer to reopen assessments under Section 147/148 of the Income-tax Act ... after the Inspecting Assistant Commissioner invoked the provisions of Section 133(6) of the Income-tax Act. The Inspecting Assistant Commissioner has further mentioned in the reasons that, on account of the failure of the assessee to disclose all material facts fully and truly, the petitioner's income chargeable to tax had escaped assessment at least to the extent ...

Jan 16 2001

Classic Builders & Developers Vs. Union of India

  • Decided on : 16-Jan-2001

Court : Madhya Pradesh

Reported in : [2001]115TAXMAN393(MP)

... under section 2(7) of the Income Tax Act, 1961 (hereinafter referred to as the Act) is engaged in the business of construction of multistoreyed buildings and allied construction. The petitioner has filed the return of their income for the assessment year 1999-2000 (Annexure P4). It is yet to be assessed.3. A survey under section 133 of the Act was conducted by the income-tax authorities ... Tax Laws (Amendment) Act, 1987--the scope and effect of the amendments made in section 131 as also in sections 132, 132A, 133, 133A and 138, have been elaborated in the following portion of the departmental Circular No. 551, dated 23-1-1990, as under:Amendment of the provisions conferring powers of a civil court in certain matters on the Income Tax Authorities (section ... in section 131 as also in sections 132, 132A, 133, 133A and 138, have been elaborated in the following portion of the departmental Circular No. 551, dated 23-1-1990, as under:Amendment of the provisions conferring powers of a civil court in certain matters on the Income Tax Authorities (section 131)-9.1 Under. the old provisions of sub-section (1A) of section ... Income Tax Department to inspect the aforementioned property and to make such investigation, seek clarification and material from an assessee and then determine the true and correct cost of construction of the aforesaid property. It was also said that the letter may be treated as issue of Commission as provided under section 131(1)(d), read with section 131(1A), of the Act ...

Mar 22 2002

Commissioner of Income-tax Vs. Mool Chand Salecha

  • Decided on : 22-Mar-2002

Court : Rajasthan

Reported in : RLW2003(2)Raj1303; 2002(5)WLN346

... Section 144 of the Income-tax Act, 1961 ?(ii) Whether, on the facts and in the circumstances of the case, the ground relating to impounding of the books of account would be considered to be a subject-matter of appeal before the learned Commissioner of Income-tax (Appeals) in view of the provisions of Section 246(1)(a) of the Income-tax Act, 1961, and the Income-tax ... sections. Briefly stated Section 131 deals with the power regarding discovery, production of evidence, etc; Section 132 deals with search and seizure ; Section 132A deals with the powers to requisition books of account, etc ; Section 132B provides for application of assets retained under Section 132(5); Section 133 confers the power to call for information; Section 133A deals with power of survey; Section ... Income-tax (Appeals) in view of the provisions of Section 246(1)(a) of the Income-tax Act, 1961, and the Income-tax Appellate Tribunal was legally justified in deciding the same and directing the release of the impounded books of account to the assessee ?(iii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in its interpretation of Sections ...

May 05 1978

The Union of India Vs. Gosalia Shipping (Pvt.) Ltd.

  • Decided on : 05-May-1978

Court : Supreme Court of India

Reported in : AIR1978SC1196; AIR1978SC1196b; [1978]113ITR307(SC); (1978)3SCC23; [1978]3SCR943; 1978(10)LC479(SC)

... 133(1)(b) and (c) of the constitution, the Union of India has filed this appeal.2. The question as to whether the respondent is liable to pay the income-tax demanded of it by the Income-tax Officer, depends for its decision on the construction of Section 172 of the Income-tax Act, 1961, which read as follows at the relevant time :172. (1) The provisions of this section ... pay the income-tax demanded of it by the Income-tax Officer, depends for its decision on the construction of Section 172 of the Income-tax Act, 1961, which read as follows at the relevant time :172. (1) The provisions of this section, shall, notwithstanding anything contained in the other provisions of this Act, apply for the purpose of the levy and recovery of tax in ... favour of the President of India, undertaking to pay the income-tax payable by the time-charterers Under Section 172 of the Income-tax Act, 1961. On April 15, 1970, the First Income-tax Officer, Margao, Goa, issued a demand notice to the respondent for payment of Rs. 51,191 by way of income-tax under the aforesaid provision. The respondent filed Special Civil Application ... Section 172 of the Income-tax Act, 1961. On April 15, 1970, the First Income-tax Officer, Margao, Goa, issued a demand notice to the respondent for payment of Rs. 51,191 by way of income-tax under the aforesaid provision. The respondent filed Special Civil Application No. 31 of 1970 in the Court of the Judicial Commissioner, Goa, asking for a writ of Mandamus directing the Income-tax ...

Oct 05 2004

Amity Hotels Private Limited Vs. The Commissioner of Income-tax, Delhi ...

  • Decided on : 05-Oct-2004

Court : Delhi

Reported in : (2004)192CTR(Del)607; [2005]272ITR75(Delhi)

... petitions are preferred by different assesseds questioning the issuance of notices by the Assessing Officer under Section 158BD of the Income-Tax Act, 1961 (hereinafter referred to as 'the Act'). It transpires that in accordance with the provisions contained in the Act, namely, under Section 131, the search and seizure operation was carried out in respect of M/s Bharat Lottery Agency ... Section 158BD of the Income-Tax Act are hereby initiated against the assesseds company, to carry out detailed investigation.' 8. Before us, the Appreciation Report prepared by the search party under Section 132 of the Act was also produced with various annexures for perusal. It is in view of this report, it appears that the Assessing Officer initiated proceedings under Section 158BD of the Act ... scrutiny is required to detect concealment'. It is further said 'keeping in view the above observations and preliminary examination of the seized record, proceedings Under Section 158BD of the Income-Tax Act are hereby initiated against the assesseds company, to carry out detailed investigation'.9. The satisfaction is required to be preceded by the investigation and not ... opinion and satisfaction that the petitioner has not truly disclosed his income and the action under Section 158BD was, thereforee, called for.'10. A similar view is taken in a subsequent decision in the case of Priya Blue Industries P. Ltd. v. Joint Commissioner of Income-Tax : [2001]251ITR615(Guj) which has followed the decision which we ...

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