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

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 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 25 2003

Rechery Service Co-operative Bank Ltd. Vs. CIT

  • Decided on : 25-Feb-2003

Court : Kerala

Reported in : [2003]129TAXMAN335(Ker)

... Sivarajan, J.M.The scope and ambit of section 133(6) of the Income Tax Act, 1961 (hereinafter referred to as '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 ... 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 Co-operative Banks which they are bound to observe, then there should be no difficulty for them to furnish details called for under section 133 ... of 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. ITO : [1998]231ITR612(Cal) had held that even after the insertion of the word `enquiry in sub-section (6) of section 133 by the Finance Act, 1995 and the ...

Sep 15 1999

Verma Roadways Vs. Assistant Commissioner Of

  • Decided on : 15-Sep-1999

Court : Income Tax Appellate Tribunal (ITAT) - Allahabad

Reported in : (2000)75ITD183(All.)

... Income-tax Rules, 1952. ** ** ** Whereas information has been laid before me on the consideration thereof I have reason to believe that if a summons under sub-section (1) of section 37 of the Indian Income-tax Act, 1922, or under sub-section (1) of Section 131 of the Income-tax Act, 1961, 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 the Income-tax Act, 1961 ... section 158BC of the Income-tax Act, 1961 PAN/GIR To M/s. Verma Roadways, Block Period : 1-4-1986 to 133/283, T.P. Nagar, 28-12-1996 Kanpur. ACIT (Inv) Cir, I (1), Civil Lines, Kanpur, 64. Pursuance of the provisions of section 158BC of the Income-tax Act, 1961, you are required to prepare a true and correct return of your total income including the undisclosed income ... Income-tax Act, 1961, and rule 112(1) of the Income-tax Rules, 1952. ** ** ** Whereas information has been laid before me on the consideration thereof I have reason to believe that if a summons under sub-section (1) of section 37 of the Indian Income-tax Act, 1922, or under sub-section (1) of Section 131 of the Income-tax Act, 1961, or a notice under sub-section (4) of section 22 of the Indian Income-tax Act, 1922 or under sub-section ...

Aug 26 1993

D.B.S. Financial Services Pvt. Ltd. Vs. Smt. M. George, Second Income- ...

  • Decided on : 26-Aug-1993

Court : Mumbai

Reported in : 1994(3)BomCR133; (1993)115CTR(Bom)318; [1994]207ITR1077(Bom)

... any power under section 133(6) of the Income-tax Act to issue such notices and ask for blanket information. 6. In this connection, it is necessary to examine the scheme of Chapter XIII of the Income-tax Act, 1961. Chapter XIII deals with income-tax authorities. Part A of Chapter XIII deals with appointment and control of income-tax authorities. Part B ... the Income-tax Department visited the petitioner's office at Madras and demanded the addresses of all cardholders whose accounts show an annual expenditure of over Rs. 5,000. The petitioner subsequently received notice dated March 13, 1985, from the Commissioner of Income-tax (Investigation), Madras, asking for the same information under section 133(6) of the Income-tax Act, 1961. ... Income-tax (Investigation), Madras, asking for the same information under section 133(6) of the Income-tax Act, 1961. The notice stated that the information was required for the financial years 1982-83 and 1983-84 immediately and the data for 1984-85 could be sent in due course. A further notice to the same effect was sent by the Commissioner of Income-tax ... Income-tax Act, 1961. Chapter XIII deals with income-tax authorities. Part A of Chapter XIII deals with appointment and control of income-tax authorities. Part B deals with their jurisdiction and Part C deal with their powers. We are concerned with Part C. It starts with section 131 and ends at section 136. Section 131 provides that officers mentioned therein shall, for the purpose of the Income-tax Act ...

Mar 04 2011

NEESA LEISURE LIMITED And Anr. Vs. UNION OF INDIA THROUGH SECRETARY, A ...

  • Decided on : 04-Mar-2011

Court : Gujarat - Ahmedabad

... issued under section 132(1) of the Income Tax Act, 1961 and the subsequent action of search and seizure taken by the respondent authorities and to return all the seized material back to the petitioners;[B] to direct the respondents and the Income Tax authorities to restrict their action to the legitimate purview of powers available to them under the provisions of I.T. Act ... a warrant under section 132 of the Act.4. As regards the challenge to issuance of notices under section 133(6) of the Act, the learned counsel for the petitioners submitted that after the search the respondents have issued notices under section 133(6) of the Act to Axis Private Equity Limited calling for information which is irrelevant for the purposes of the Income Tax Act. It was ... notices under section 133(6) of the Act, the learned counsel for the petitioners submitted that after the search the respondents have issued notices under section 133(6) of the Act to Axis Private Equity Limited calling for information which is irrelevant for the purposes of the Income Tax Act. It was submitted that such notice should have nexus to the proceedings or inquiry under the Act ... Income Tax Act, and that the information called for reveals that the same is in the nature of a fishing or roving inquiry which has no nexus with the inquiry and that the sole object is to throttle the petitioner's business. That the issuance of notice under section 133(6) is a patent abuse of power, which does not advance the cause of income-tax ...

Mar 13 1963

J.P. Sharma Vs. The Phalton Sugar Works Ltd.

  • Decided on : 13-Mar-1963

Court : Mumbai

Reported in : AIR1964Bom116; (1963)65BOMLR688; 1964MhLJ176

... , the proceedings under the Income-tax Act are not criminal proceedings. It must, therefore, follow that the order made by the High Court in relation to the Income-tax matters under Section 66-A of the Income-tax Act are civil proceedings within the meaning of Article 133 of the Constitution. Necessarily, the writ applications relating to the Income-tax matters would be civil ... in relation to the Income-tax matters under Section 66-A of the Income-tax Act are civil proceedings within the meaning of Article 133 of the Constitution. Necessarily, the writ applications relating to the Income-tax matters would be civil proceedings. We are not inclined to accept this argument of Mr. Joshi. In our opinion. Articles 133 and 134 are the ... 133 and 134 are the only Articles which confer a right of appeal on a party. Article 134 relates to a criminal proceeding. Admittedly, the proceedings under the Income-tax Act are not criminal proceedings. It must, therefore, follow that the order made by the High Court in relation to the Income-tax matters under Section 66-A of the Income-tax Act ... tax for heavy amounts under Section 23 of the Indian: Income-tax Act. Against these assessment orders, the petitioners filed application for the issue of writs under Articles 226 and 227 of the Constitution. These applications were summarily dismissed by the High Court. An application was then made by the assessee for a certificate under Article 133(1) of the Constitution. On an objection raised by Income-tax ...

Mar 13 1963

J.P. Sharma Vs. Phalton Sugar Works Ltd.

  • Decided on : 13-Mar-1963

Court : Mumbai

Reported in : [1963]50ITR72(Bom)

... proceedings under the Income-tax Act are not criminal proceedings. It must, therefore, follow that the order made by the High Court in relation to the income-tax matters under section 66 of the Income-tax Act are civil proceedings within the meaning of article 133 of the Constitution. Necessarily the writ applications relating to the income-tax matters would be ... 133 and 134 are the only articles which confer a right of appeal on a party. Article 134 relates to a criminal proceeding. Admittedly, the proceedings under the Income-tax Act are not criminal proceedings. It must, therefore, follow that the order made by the High Court in relation to the income-tax matters under section 66 of the Income-tax Act are civil proceedings within the meaning of article 133 ... relation to the income-tax matters under section 66 of the Income-tax Act are civil proceedings within the meaning of article 133 of the Constitution. Necessarily the writ applications relating to the income-tax matters would be civil proceedings. We are not inclined to accept this argument of Mr. Joshi. In our opinion, articles 133 and 134 ... section 23 of the Indian Income-tax Act. Against these assessment orders, the petitioners filed applications for the issue of writs under articles 226 and 227 of the Constitution. These applications were summarily dismissed by the High Court. An application was then made by the assessee for a certificate under article 133(1) of the Constitution. On an objection raised by the income-tax ...

Jan 19 2000

Commissioner of Income-tax Vs. Smt. Basana Rani Saha

  • Decided on : 19-Jan-2000

Court : Guwahati

... would be competent to call for the report on the valuation of the cost of construction from the Valuation Officer in view of the provisions of Sections 131, 133(6) and 142(2) of the Income-tax Act, 1961. It is further held that any wrong mention of provision on the requisition memo will not be material. In our considered opinion, the decision rendered ... Income-tax Officer in the present case, was done under Section 69 of the Income-tax Act, 1961, in view of the Andhra Pradesh High Court's decision in the case of Daulalram v. ITO : [1990]181ITR119(AP) ? (2) Whether the Tribunal had any basis or material to hold that the Income-tax Officer did not refer the matter to the Valuation Officer under Section 55A of the Income-tax Act, ... not err in facts as well as in law in holding that Section 55A can be invoked by the Income-tax Officer for the purpose of that Chapter, i.e., Chapter IV, whereas the addition made by the Income-tax Officer in the present case, was done under Section 69 of the Income-tax Act, 1961, in view of the Andhra Pradesh High Court's decision in the ... under the provisions of Section 69 of the Income-tax Act, 1961. 3. The assessee preferred an appeal before the Appellate Assistant Commissioner who dismissed the appeal by order dated October 13, 1987, confirming the assessment by the Income-tax Officer. The decision of the Appellate Assistant Commissioner was challenged in ITA Nos. 137 and 138 (Gauhati) of 1988 before the Income-tax Appellate Tribunal, Gauhati Bench. ...

Mar 31 1952

Jamnadas Prabhudas Vs. Commissioner of Income-tax, Bombay City

  • Decided on : 31-Mar-1952

Court : Mumbai

Reported in : AIR1952Bom479; (1952)54BOMLR609; ILR1953Bom549; [1952]22ITR150(Bom)

... whether an appeal lay under Article 133 from a judgment given by the Patna High Court in a reference made under Section 21(3), Bihar Sales Tax Act, 1944. The provisions in the Bihar Sales Tax Act with regard to the reference were similar to the provisions of the Indian Income-tax Act, and the Patna High ... whether leave should be granted or not only under Section 66A (2) and not under Article 133 of the Constitution.[11] As we have already held that this is not a fit ease for appeal to the Supreme Court under Section 66A (2), Income-tax Act, the petition must be dismissed with costs. ... or final order' used in Article 133(1) does not apply to a decision given by this Court under Section 66, Income-tax Act on a reference, it is unnecessary to decide whether proceedings on a reference in this Court are civil proceedings within the meaning of Article 133(1). Therefore, when a petition ... occasion and we held that under Section 66A(2), Income-tax Act it was not a fit case for appeal to the Supreme Court. It is now sought to be contended by Sir Jamshedji Kanga that he has a right of appeal under Article 133(1)(a) and (b) of the ... Section 21(3), Bihar Sales Tax Act, 1944. The provisions in the Bihar Sales Tax Act with regard to the reference were similar to the provisions of the Indian Income-tax Act, and the Patna High Court had to consider the identical question and the Patna High Court took the view that a decision given by the Patna High Court on a reference under the Sales Tax Act ...

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