COMMISSIONER OF INCOME vs. J.P.M FARMS (PVT.) LTD
What did the High Court hold?
The High Court held that the surcharge was not leviable in this case, overturning the Tribunal's decision. The Supreme Court's decision in CIT v. Suresh Gupta was cited as the basis.
What were the facts?
A search was conducted on the assessee, leading to a block assessment. The revenue authorities levied surcharge on the undisclosed income. The Tribunal, following a Special Bench decision, deleted the surcharge.
What were the issues?
Whether surcharge is leviable on undisclosed income determined in a block assessment, particularly when the relevant proviso was inserted after the search date.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Allied Motors v. CIT59 citing297 ITR 322 · 2008 · SC
ITA No.7/2008
Page 1 of 3 * THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on : 18.07.2008
ITA No.7/2008
COMMISSIONER OF INCOME
..... Appellant TAX DELHI (CENTRAL)-III
versus
J.P.M FARMS (PVT.) LTD. ..... Respondent
Advocates who appeared in this case: For the Appellant
: Mr.R.D.Jolly For the Respondent
: Dr.Rakesh Gupta with Ms.Aarti Saini
CORAM :-
HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE RAJIV SHAKDHER
Whether the Reporters of local papers may
be allowed to see the judgment ?
To be referred to Reporters or not ? 3. Whether the judgment should be reported
in the Digest ?
BADAR DURREZ AHMED, J (ORAL) 1. This appeal arises from the order passed by the Tribunal on 3.11.2006 in IT (SS) Appeal No. 58(del) of 2004 and pertains to the block assessment year 1.4.1990 to 19.3.2001. The ground of appeal before the Tribunal was :- 2008:DHC:2056-DB
ITA No.7/2008
Page 2 of 3 “That the ld. CIT (Appeals) has erred in upholding the levy of surcharge on the tax payable found on the undisclosed income computed in block assessment.” 2. As per the facts indicated in the Tribunal’s order, a search had been carried out on 19.3.2001. The proviso to Section 113 of the Income Tax Act, 1961 was inserted w.e.f 1.6.2002 whereby surcharge was sought to be levied on tax payable on undisclosed income determined in a block assessment. The Tribunal followed the decision of the Special Bench of the Income Tax Appellate Tribunal, Hyderabad in the case of Merit Enterprises v. DCIT and came to the conclusion that surcharge was not leviable in the present case and consequently, deleted the surcharge which had been levied by the revenue authorities. 3. In this background, the revenue has proposed the following question:- “Whether the ITAT was correct in law in holding that the surcharge U/S 113 of the Income Tax Act, 1961 was not leviable in the present case?” 4. Admit. 5. This issue does not require any further investigation on the part of this Court in view of the fact that the same stands 2008:DHC:2056-DB
ITA No.7/2008
Page 3 of 3 decided by the Supreme Court in the case of CIT v. Suresh Gupta; 297 ITR 322 (SC). Consequently, this question is decided in favour of the revenue and against the assessee. The appeal stands allowed.
BADAR DURREZ AHMED, J
RAJIV SHAKDHER, J
July 18, 2008 mb 2008:DHC:2056-DB
Similar judgments
Other orders that rely on the same authority or decide the same section.
- The Commissioner of Income Tax vs J P NarayanaswamyKarnataka26 Feb 2013Allowed
Also relies on Allied Motors v. CIT
The High Court held that surcharge could be levied for the block assessment period, reversing the Tribunal's decision. It also held that interest under Section 158BFA(1) is a statutory levy linked to the delay in filing ...
- Commissioner of Income Tax Delhi Central III vs J.P.M.Farms P.LtdDelhi18 Jul 2008Allowed
Also relies on Allied Motors v. CIT
The High Court held that the surcharge was not leviable in this case, overturning the Tribunal's decision. The Supreme Court's decision in CIT v. Suresh Gupta was cited as the basis.
- The Commissioner of Income Tax vs Smt Chandrika SharmaKarnataka27 Aug 2012Dismissed
Also relies on Allied Motors v. CIT
The High Court noted that a similar question of law had been answered against the revenue in a previous case. The revenue's submission regarding surcharge under Section 113 was also considered. Consequently, the appeal w...
- The Commissonier of Income Tax vs M/S Sagar ChemicalsKarnataka27 Aug 2012Dismissed
Also relies on Allied Motors v. CIT
The High Court noted that a similar substantial question of law was previously decided against the revenue by this court. While the Supreme Court upheld the levy of surcharge under Section 113, this did not necessitate a...
- The Commissioner of Income Tax vs M/S Sagar ChemicalsKarnataka27 Aug 2012Dismissed
Also relies on Allied Motors v. CIT
The High Court noted that a similar question of law had been answered against the revenue in a previous case. Therefore, the current appeal was dismissed.
More judgments on Section 113
- Mahendra Singh Dharampal & Co., Udaipur vs ACIT, Circle-2, UdaipurITA 229/JODH/2024[2011-12]Status: Disposed28 Jan 2026AY 2011-12
- Sab Developers Private Limited, Chandigarh vs Income Tax Officer, Ward-5(1), ChandigarhITA 1071/CHANDI/2025[2011-12]Status: Disposed10 Nov 2025AY 2011-12
- M/S. Gaurav Investments, Mumbai vs DCIT, CC-8(1), MumbaiITA 5184/MUM/2024[2017-18]Status: Disposed29 Apr 2025AY 2017-18
- Kuber Auto General Finance & Leasing Lts (… vs ACIT, Circle-5(1), New DelhiITSSA 1/DEL/2022[BP 01.04.1987 to 08.05.1997]Status: Disposed14 May 2024
- Principal Commissioner of Income Tax… vs Abhisar Buildwell P. LtdCIVIL APPEAL No. 6580/202124 Apr 2023
Latest GST High Court judgments
Search GST case law →- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
- M/S Jyoti Consultants, Agrahat vs. Pr. Commissioner GST And Central Excise Commissionerate, BhubaneswarOrissa · 3 Nov 2026
- M/S. Sahoo Supply Agency vs. Central Board Of Indirect Taxes And CustomsOrissa · 3 Nov 2026
- Gopal Aromatic PVT. LTD., Cuttack vs. Union Of INDIAOrissa · 3 Nov 2026
- M/S. Nourangi Paints vs. The Union Of INDIAPatna · 2 Nov 2026