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“Section 132(1)”

Section References (mined)Section 132Section 132(1)1,840 judgments

The decision most relied on for Section 132(1) is CIT v. Kabul Chawla (380 ITR 573), cited in 3,235 judgments on BharatTax.

Leading authorities on Section 132(1)

CIT v. Kabul Chawla
380 ITR 573 · 2016 · High Court
3,235
citing judgments

In a search assessment under Section 153A, additions can only be made for completed or non-abated assessment years if incriminating material relevant to those years is found during the search, although notice under Section 153A(1) is mandatorily issued for six assessment years preceding the search.

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

CIT v. Excel Industries Ltd.
358 ITR 295 · 2013 · Supreme Court
935
citing judgments

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

CIT v. Sun Engineering Works (P) Ltd.
198 ITR 297 · 1992 · Supreme Court
814
citing judgments

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

ITO v. Lakhmani Mewal Das
103 ITR 437 · 1976 · Supreme Court
721
citing judgments

For reassessment proceedings, the 'reason to believe' that income has escaped assessment must be based on some material and not mere suspicion, establishing a live link between the information and the belief. Furthermore, for reassessment beyond four years, there must be a specific finding of the assessee's failure to disclose fully and truly all material facts.

TRF Ltd. v. CIT
323 ITR 397 · 2010 · Supreme Court
714
citing judgments

For claiming deduction for bad debts under section 36(1)(vii) of the Income Tax Act, it is sufficient for the assessee to write off the debt as irrecoverable in its accounts, and it is not necessary to prove that the debt has actually become irrecoverable.

Judgments citing Section 132(1)

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 5179/DEL/2015[2007-08]Status: DisposedITAT Delhi28 Apr 2023AY 2007-08

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section ... failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section 153A

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3992/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Apr 2023AY 2010-11

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section ... failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section 153A

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3991/DEL/2015[2008-09]Status: DisposedITAT Delhi28 Apr 2023AY 2008-09

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section ... failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section 153A

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3990/DEL/2015[2006-07]Status: DisposedITAT Delhi28 Apr 2023AY 2006-07

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section ... failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section 153A

M/S. Allied Perfumers Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee are allowed

ITA 3989/DEL/2015[2005-06]Status: DisposedITAT Delhi28 Apr 2023AY 2005-06

Bench: Sh. C. M. Gargdr. B. R. R. Kumarita No. 3989/Del/2015 : Asstt. Year : 2005-06 Ita No. 3990/Del/2015 : Asstt. Year : 2006-07 Ita No. 5179/Del/2015 : Asstt. Year : 2007-08 Ita No. 3991/Del/2015 : Asstt. Year : 2008-09 Ita No. 3992/Del/2015 : Asstt. Year : 2010-11 M/S Allied Perfumers Pvt. Ltd., Vs Dcit, Rajiv Saxena & Co. Adv. & Solictors, Central Circle-1, H.O. 318-D, Mayur Vihar, Phase-Ii, New Delhi New Delhi-110091 (Appellant) (Respondent) Pan No. Aacca4321K Assessee By : Sh. Rajeev Saxena, Adv. & Sh. Shyam Sunder, Adv. Revenue By : Sh. P. Praveen Sidharth, Cit Dr Date Of Hearing: 14.02.2023 Date Of Pronouncement: 28.04.2023

For Appellant: Sh. Rajeev Saxena, Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR
Section 132(1)Section 145Section 153Section 153A

failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section ... failing to appreciate that during the course of search, admittedly no incriminating material was found as a result of search conducted under section 132(1) of the Act, as such, learned Deputy Commissioner of Income Tax has no jurisdiction to initiate the proceedings under section 153A