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Mohit Gupta

Latest Posts by Mohit Gupta

Union Budget 2023-24- Proposed Changes relating to Income Tax Search & Seizure Provisions 

February 2, 2023 2931 Views 0 comment Print

In Finance Bill 2023 Finance Minister recommended significant though few changes relating to Income Tax Search & Seizure

Accused cannot be compelled to give password of electronic device during investigation proceedings

November 5, 2022 3198 Views 0 comment Print

Know your rights: accused cannot be compelled to give the password of an electronic device during investigation proceedings. Learn more.

In case of Search Assessment order cannot be passed under Section 143(3)

July 4, 2022 4962 Views 0 comment Print

ITAT Delhi quashes assessment order against Ankit Gupta, ruling it void ab initio. Challenge to jurisdiction sustained. Key issue on Section 153C.

Income Tax Search and Seizure: ‘Insertion of Section 79A’-Plugging of lacuna by Finance Bill 2022

March 20, 2022 6300 Views 0 comment Print

In the Union Budget 2022-23 through Finance Bill 2022, among other tax measures, the Hon’ble Finance Minister recommended ‘Insertion of New Section 79A: – No set off of losses  consequent to search, requisition and survey’.  

Union Budget 2022-23- Proposed Changes relating to Income Tax Search & Seizure Provisions

February 9, 2022 6690 Views 0 comment Print

The Hon’ble Union Finance Minister Nirmala Sitharaman has presented the Union Budget 2022-23 of India on the 1st of February, 2022 with an aim to boost growth amid continued disruption from Covid-19 and rising inflation. The Hon’ble Finance Minister mentioned that the country is expected to grow at 9.27 per cent in the coming year […]

Declaration of undisclosed income to ‘buy peace’ – Immunity from Penalty?

January 30, 2022 4539 Views 0 comment Print

Understanding the implications of declaration of undisclosed income to ‘buy peace’ in income tax search and seizure cases.

Income Tax Search & Seizure: Right of assessee to cross-examine

January 8, 2022 11994 Views 0 comment Print

Understanding the right of an assessee to cross-examine during income tax search & seizure. Learn about the principles of natural justice in the context of procedural fairness.

Income Tax Search and Seizure: Controversy in computing period of limitation to frame search assessments

December 29, 2021 4959 Views 0 comment Print

The period of limitation for completion of assessment u/s 153A of the Income Tax Act’ 1961 for the searches conducted on or before 31st Day of March’2021 is governed by the provisions of Section 153B of the act. Even though the Section 153A of the Income Tax Act’ 1961 has been made non applicable for the searches initiated on or after the 1st Day of April’2021.

Legality of roping in unconnected third party in Income Tax Search & Seizure action

December 10, 2021 4434 Views 0 comment Print

Legality of roping in an unconnected third party in the rigors of an Income Tax Search and Seizure action (including bank lockers of such unconnected third parties) Introduction:- The authority and power to conduct search and seizure operations is strident and caustic power authorized by law to be taken recourse to when the conditions mentioned […]

Whether any incriminating material found during Search on any other person can be considered in Section 153A assessment of assessee

November 27, 2021 8175 Views 0 comment Print

Understanding the assessment under Section 153A of the Income Tax Act. Can incriminating material found during a search on another person be considered?

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