income tax search

Budget 2017: Non disclosure of reason to search to cause undue hardship to genuine assessee

Income Tax - It is proposed to insert an Explanation to section 132(1), 132(1A) and 132A(1) to declare that the reason to believe or reason to suspect, as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal. The proposed amendment could lead to unnecessary harassment of taxpayers....

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Budget 2017: In case of Search Assessment notice can be issued for 10 Years

Income Tax - In order to protect the interest of the revenue in cases where tangible evidence(s) are found during a search or seizure operation (including 132A cases) and the same is represented in the form of undisclosed investment in any asset, it is proposed that section 153A relating to search assessments be amended to provide that notice under th...

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Budget 2017: Centralised issuance of notice & processing of information U/s.133C

Income Tax - It is proposed to amend section 133C to empower the Central Board of Direct Taxes to make a scheme for centralised issuance of notice calling for information and documents for the purpose of verification of information in its possession, processing of such documents and making the outcome thereof available to the Assessing Officer for nec...

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Budget 2017 reduces time limits for completion of search assessment

Income Tax - The existing provisions of section 153B provide for the time limit for completion of assessment under section 153A....

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Enjoy Diwali with crackers of Income Tax

Income Tax - In Income tax biggest cracker is the cracker that explodes in 6 different ways, we call it as Six Shots and that cracker is of SEARCH OR RAID. ...

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ITD searches about 2534 groups of persons

Income Tax - ITD conducted searches in about 2534 groups of persons led to admission of undisclosed income of about Rs. 45,622 crore apart from seizure of undisclosed assets (cash, jewellery etc) worth about Rs. 3,625 crore ...

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IT Raid & Survey detects undisclosed income of Rs.58568 Crore

Income Tax - IT Dept searches 1242 groups of assessees, seizing undisclosed assets worth Rs.2,029 Crore. Such assessees admitted undisclosed income of Rs.28,567 Crore. ...

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CBDT Clarifies Regarding Prosecution of Tax Evaders

Income Tax - Effective and Stringent Action only in known and big cases of Tax Evasion to Demonstrate to the Large Number of Compliant Tax Payers that the Tax Laws are just and Fair and to Encourage Voluntary Tax Compliance It has been noticed that the certain section of media have referred to the Discussion Paper, circulated during […]...

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DCI Search and Seizure Operations Reveal Undisclosed Income of Rs. 438 Crore

Income Tax - DCI Search and Seizure Operations Reveal Undisclosed Income of Rs. 438 CroreThe Directorate of Criminal Investigation (DCI) was created vide Notification dated 30th May, 2011 and 19th August 2011 to perform functions in respect of criminal matters having any financial implications punishable as an offence under any direct tax law includin...

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CItywise detail of Income tax Search in last 3 and half years

Income Tax - The Income tax Department conducts search and seizure operations based on the credible companies, association of ‘persons’ which includes individuals, hindu undivided families (HUFs), firms, companies, association of persons (AoPs), body of individuals (BoIs), local authorities and any artificial juridical person who are in possession...

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Penalty u/s 271AAA cannot be levied on undisclosed Income for which AO did not put a specific query to assessee

Principal CIT (Central) Vs M/S Emirates Technologies Pvt. Ltd. (Delhi High Court) - 1. The Revenue is in appeal against the order dated 28th October, 2016 passed by the Income Tax Appellate Tribunal in ITA NO. 476/Del./2014 for Assessment Year (‘AY’) 2010-2011. 2. The question sought to be urged by the Revenue is whether the ITAT erred in law in confirming the order of the Comm...

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Sec.153B(2)(a) Mere Panchnama would not extend period of limitation

Pr. Commissioner Of Income Tax Central-3 Vs Ppc Business And Products Pvt. Ltd. (Delhi High Court) - The Court is not prepared to accept the plea of the Revenue that merely because a panchnama was drawn up on 15thMay, 2007 showing that the search was ‘finally concluded’ on that date, it postponed the period of limitation in terms of Section 153B (2) (a) of the Act....

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Notice U/s. 153A issued without search is bad in law

ACIT Vs. K.G. Finvest Pvt. Ltd. (ITAT Delhi) - In the instant case, it is the assessment of person allegedly searched, which is disputed before us, unlike the notice issued for the assessment of `other person’ before the Hon’ble Supreme Court. Even otherwise, the issue of invalidity of the search warrant in that case was not raised at any po...

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Finding of incriminating material during search of third party is a pre-requisite for exercise of power U/s. 153C r.w. section 153A

CIT Vs Veerprabhu Marketing Ltd. (Calcutta High Court) - Materials such as books of account, documents or valuable assets found during a search should belong to a third party which would lead to an inference of undisclosed income of such third party. Such an inference should be recorded by the Assessing Officer having jurisdiction over the searched person...

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In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

Pr. Commissioner of Income Tax Vs. Meetu Gutgutia (Delhi High Court) - A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invocation of Section 153A of the Act by the Revenue. It was contended that for the AYs 2000- 01 [&hell...

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Adjustment of Seized cash against advance tax- Explanation 2 to Section 132B is prospective in nature: CBDT

Circular No. 20/2017-Income Tax - (12/06/2017) - Dispute arose between the Department and the assessees with regard to adjustment of such seized/requisitioned cash against advance tax liability etc. Several Courts held that on an application made by the assessee, the seized money is to be adjusted against the advance tax liability of the assessee....

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SC ask details of cases where validity of search & seizure questioned

F.No. ADG-II/ Supreme Court Cell/ 1711/2011/ - (05/01/2017) - SC has desired that it be informed regarding number & details of such cases pending before High Courts and Tribunals wherein the Courts/Tribunals have questioned validity of search and seizure operations...

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Assessment of preceding years in search cases during election period

Circular No. 10/2012-Income Tax - (31/12/2012) - Circular No. 10/2012-Income Tax As per provisions contained in section 153A and 153C of the Income Tax Act, 1961, the Assessing Officer is required to issue notice for assessing or reassessing the total income for six assessment years immediately preceding the assessment year relevant to the previo...

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income tax search’s Popular Posts

Recent Posts in "income tax search"

Penalty u/s 271AAA cannot be levied on undisclosed Income for which AO did not put a specific query to assessee

Principal CIT (Central) Vs M/S Emirates Technologies Pvt. Ltd. (Delhi High Court)

1. The Revenue is in appeal against the order dated 28th October, 2016 passed by the Income Tax Appellate Tribunal in ITA NO. 476/Del./2014 for Assessment Year (‘AY’) 2010-2011. 2. The question sought to be urged by the Revenue is whether the ITAT erred in law in confirming the order of the Commissioner of Income […]...

Read More

Sec.153B(2)(a) Mere Panchnama would not extend period of limitation

Pr. Commissioner Of Income Tax Central-3 Vs Ppc Business And Products Pvt. Ltd. (Delhi High Court)

The Court is not prepared to accept the plea of the Revenue that merely because a panchnama was drawn up on 15thMay, 2007 showing that the search was ‘finally concluded’ on that date, it postponed the period of limitation in terms of Section 153B (2) (a) of the Act....

Read More

Notice U/s. 153A issued without search is bad in law

ACIT Vs. K.G. Finvest Pvt. Ltd. (ITAT Delhi)

In the instant case, it is the assessment of person allegedly searched, which is disputed before us, unlike the notice issued for the assessment of `other person’ before the Hon’ble Supreme Court. Even otherwise, the issue of invalidity of the search warrant in that case was not raised at any point of time prior to […]...

Read More

Adjustment of Seized cash against advance tax- Explanation 2 to Section 132B is prospective in nature: CBDT

Circular No. 20/2017-Income Tax (12/06/2017)

Dispute arose between the Department and the assessees with regard to adjustment of such seized/requisitioned cash against advance tax liability etc. Several Courts held that on an application made by the assessee, the seized money is to be adjusted against the advance tax liability of the assessee. ...

Read More

Finding of incriminating material during search of third party is a pre-requisite for exercise of power U/s. 153C r.w. section 153A

CIT Vs Veerprabhu Marketing Ltd. (Calcutta High Court)

Materials such as books of account, documents or valuable assets found during a search should belong to a third party which would lead to an inference of undisclosed income of such third party. Such an inference should be recorded by the Assessing Officer having jurisdiction over the searched persons and communicated to the Assessing Offi...

Read More

In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

Pr. Commissioner of Income Tax Vs. Meetu Gutgutia (Delhi High Court)

A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invocation of Section 153A of the Act by the Revenue. It was contended that for the AYs 2000- 01 […]...

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Concealed income found during search and Survey is to be distributed among all family members

CIT Vs Rekha Bai (Supperme Court of India)

We have heard the learned counsel for the parties and perused the impugned order dated 14th December,2005 passed by the High Court of Judicature at Madras. The High Court has dismissed the appeal filed under Section 260A of the Income Tax Act,1961 on the ground that no substantial question of law arises....

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ITD searches about 2534 groups of persons

ITD conducted searches in about 2534 groups of persons led to admission of undisclosed income of about Rs. 45,622 crore apart from seizure of undisclosed assets (cash, jewellery etc) worth about Rs. 3,625 crore ...

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Posted Under: Income Tax |

Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad)

It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

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Budget 2017: Non disclosure of reason to search to cause undue hardship to genuine assessee

It is proposed to insert an Explanation to section 132(1), 132(1A) and 132A(1) to declare that the reason to believe or reason to suspect, as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal. The proposed amendment could lead to unnecessary harassment of taxpayers....

Read More
Posted Under: Income Tax |
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