Court : Mumbai
..... 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 (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 (1) of section 5, in the case of a person who is a resident, the total income of any previous year includes all income ..... and a further us $ 41.5 million, subsequently, essar indicated its support to the proposed transaction.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 seeking information regarding the sale of the stake of the hutchison group, hong kong in hel to vodafone ..... his domicile, residence, place of management or a criterion of a similar nature. by a circular dated 30 march 1994, cbdt in exercise of powers under section 90 of the income tax act 1961 clarified that capital gains derived by any resident of mauritius on the alienation of shares of an indian company shall be taxable only in mauritius according to the .....Tag this Judgment!
Court : Kerala
Reported in : (2003)182CTR(Ker)517; 263ITR161(Ker); 2003(2)KLT32
..... g. 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 connected ..... 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 and cooperative banks which they are bound to observe, then ..... denied this allegation and he has contended that banking companies including nationalised banks are not immune from any enquiry under section 133(6). i do not think, any banking company including nationalised banks can claim any immunity from proceedings under section 133(6) of the income tax act and all such institutions are bound to furnish information called for, though general in nature. the department is ..... single judge erred in relying on the decision rendered in the context 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. income tax officer and ors. : 231itr612(cal) had held that even after the insertion of .....Tag this Judgment!
Court : Mumbai
..... to the action of the assessing officer in reopening the assessments for assessment years 2005-06 and 2006-07. 2. on 10 september 2009 a survey was conducted under section 133-a of the income tax act 1961, in the course of proceedings for assessment year 2007-08. the assessing officer issued a notice on 29 march 2010 proposing to reopen the assessment for assessment year ..... when a reopening is beyond a period of four years. nonetheless, the power to reopen an assessment cannot be exercised arbitrarily even within a period of four years, for the income tax act, 1961 does not confer upon the assessing officer a power to review an assessment once made. a mere change of opinion cannot justify reopening of assessment, but where the assessing officer ..... convenience of reference : "in this case the assessment for the a.y. 2005-06 was completed on 31.12.2007 determining total income at rs.14,12,92,170/-. subsequently a survey operation u/s. 133a of the income tax act, 1961 was carried out at the business premises of the assessee on 10/09/2009. during the course of survey operation certain documents as ..... of opinion." 8. a division bench of the madhya pradesh high court has in dr. lata chouhan v. income tax officer3 upheld the reopening of assessments on the basis of tangible material which comes in the possession of the department following a survey action under section 133-a. 9. in the present case, the assessing officer had tangible material 2 (2001) 252 itr 673 .....Tag this Judgment!
Court : Karnataka
Reported in : (2002)174CTR(Kar)412; ILR2002KAR284; 255ITR502(KAR); 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 ..... 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 and this court in writ petition no. 38360 of 1999 disposed of on november 3, 1999, has considered the same ..... 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 the ..... issue and held that the authorities have the power to seek such information under section 133(6) of the act. the same was affirmed by the division bench in writ appeal no. 8043 of 1999 by order dated december 7, 1999. therefore, the notice issued is within the .....Tag this Judgment!
Court : Kerala
Reported in : (2010)231CTR(Ker)404
..... . appellants in the writ appeals and petitioners in the writ petitions are societies registered under the kerala co-operative societies act engaged in banking. various it authorities have issued notices to the appellants/ petitioners under section 133(6) of the it act, 1961, (hereinafter called the 'act') calling for particulars of cash transactions above rs. 1 lakh with details of account holder/deposit holder in the format ..... get clarification he is free to approach the officer concerned who issued the notice and ask for clarification on this issue and if notice issued is without approval of the cit or the director, such authority on request by the appellant/petitioner concerned will verify the same and if no approval is obtained, he will recall the notice. however, the ..... of the cit or the director, as the case may be. in such case, of course, the challenge cannot be entertained. however in the other notices, it is seen that all the ..... general notice calling for cash particulars including deposits of various depositors above rs. 1 lakh is issued by the concerned officer with the prior approval of the director or the cit, as the case may be. standing counsel appearing for the respondents referred to various notices and stated that the notice itself states that particulars are called for with the approval .....Tag this Judgment!
Court : Kerala
..... , j. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= w.p.(c) no. 33520 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= dated this the 4th day of november, 2010 1.challenge in this writ petition is against ext.p1 notice under section 133(6) of the income tax act, 1961. contention of the petitioner is that being a co-operative society, the petitioner will not come within the purview of the definition of "person" contained in the provisions of ..... the income tax act. the dispute now stands covered by judgment of a division bench of this court in w.a. no.2333 of 2009 and connected cases (dated 24-11-2009 ..... ). while upholding that, institutions like that of the petitioner will come within the purview of 133(6), this court observed that notices shall be issued .....Tag this Judgment!
Court : Karnataka
Reported in : 246ITR200(KAR); 246ITR200(Karn)
v.k. singhal, j.1. by a letter dated september 15, 1998, the petitioner was required to furnish information under section 133(6) of the income-tax act, 1961, in respect of the deposits of rs. 50,000 and above during the financial year 1997-98, i.e., from april 1, ..... for the petitioner that desiring of information cannot be equated with the approval of the director in a case where no proceedings are pending.2. section 133(6) of the income-tax act confers the power on the assessing officer, the deputy commissioner (appeals), the joint commissioner and the commissioner (appeals) to require any person including ..... the word 'proceeding' as pending proceedings and not future proceeding. before exercising the power under section 133(6) of the act there must be an existing or pending proceeding.3. the word 'enquiry' which has been used in the section, however, has to be in a different connotation and enquiry could be during the pendency of ..... may be even prior to that for the purpose of initiating the proceedings under the act.4. if the enquiry is pending and during the pendency of the enquiry proceedings information is sought, then the power under section 133(6) could be exercised. if proceeding is not pending power in respect of an ..... enquiry could be exercised by virtue of the second proviso of section 133(6). that enquiry could be even in a case where no proceedings are pending. it has not come on record that the commissioner .....Tag this Judgment!
Court : Allahabad
Reported in : (2004)188CTR(All)133; 266ITR283(All)
..... petition has been filed for a writ of certiorari to quash the impugned notice under section 226 of the income-tax act, 1961, vide annexure 5 to the writ petition. the petitioner has also prayed for a mandamus directing respondent no. 1 to refund the amount recovered under the notice under section 226 with interest. the petitioner has also prayed for a direction to respondent no ..... march 15, 2000 is annexure 1 to the writ petition. this assessment was made, under section 143(3) of the income-tax act.5. it is alleged in para. 7 of the petition that during the course of the hearing the assessing officer issued notices under section 133(6) of the income-tax act to m/s. shiv datt and sons, m/s. k. lal and company and m ..... /s. shakumbari pulp and paper mills ltd., apart from other parties. it is alleged that these notices were issued only for obtaining copies of accounts of the petitioner's firm from the books of the above three respective parties in compliance to the notices under section 133 ..... (6) of the act. the parties sent copies of the accounts to the assessing officer, and on the basis of those copies of accounts additions were made in the hands of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC2096; 255ITR508(SC); (2002)9SCC106
..... order1. 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 ..... . 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 ..... . 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 any officer thereof, to furnish information in relation to such ..... information that power is given under section 133(6) to issue notice, inter alia, requiring a banking company to furnish information in respect of such points or matters as may be useful or relevant. the second proviso makes it clear that such information can be sought for even when no proceeding under the act is pending, the only safeguard being .....Tag this Judgment!
Court : Kolkata
Reported in : 297ITR45(Cal)
..... 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 ..... the time of the regular assessment reopening was not permissible.(vi) smt. amiya bala paul v. cit : the apex court held that the power of enquiry granted to an assessing officer under sections 133(6) and 142(2) did not include the power to refer the matter to the valuation officer ..... facie material at his hands of the high court in exercise of power under article 226 should not interfere with the discretion of the income-tax officer when no case of mala fides had been established. the division bench further observed, the sufficiency or correctness of the material was ..... for an enquiry by the latter.(vii) cesc ltd. v. deputy cit (no. 2) : on the facts the division bench held ..... 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 officer. hence, the report of the valuation officer could not be the .....Tag this Judgment!