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16 results for “section 68”+ Search & Seizureclear

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Key Topics

Search & Seizure8Addition to Income8Section 687Section 74Section 3024Section 143(1)(a)4Section 2604Section 3643Section 2013Section 260A

Commissioner of Income Tax vs. Atyam Suryanarayana

ITTA/165/2010HC Telangana20 Jun 2016

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 5Th February 2024. Appearance: Mr. Om Narayan Rai, Advocate Mr. Amit Sharma, Advocate …For The Appellant. 1. Heard Sri Om Narayan Rai, Learned Senior Standing Counsel For The Appellant. None Appears For The Respondent Assessee. 2. Affidavit Of Service Filed Today By Learned Counsel For The Appellant, In Compliance Of The Orders Dated 17.02.2023 & 15.01.2024, Is Taken On Record. Service Of Notice Upon The Respondent Assessee Is Found To Be Sufficient. 3. This Appeal Was Admitted By Order Of This Court Dated 03.09.2010, On The Following Substantial Questions Of Law:- “I) Whether The Learned Tribunal Was Justified On The Facts & Circumstances Of This Case To Follow The Ratio Decided By The

Section 131Section 132Section 143(3)Section 158DSection 68Section 88

search and seizure operation under Section 132 of the Income Tax Act, 1961 (hereafter referred to as the ‘Act of 1961’) was conducted in the business and residential premises of one Sri Praveen Kumar Agarwal on 27.7.2019. An order in the case of Praveen Kumar Agarwal was passed by the DCIT, Circle – 3, Kolkata under Section 158DC

3
Unexplained Cash Credit2
Undisclosed Income2

PENDURTHI CHANDRASEKHAR vs. THE DEPUTY COMMISSIONER OF INCOME TAX,

The appeal is allowed and all the four substantial

ITTA/706/2016HC Telangana26 Apr 2018
For Appellant: Mr. K. Vasantha KumarFor Respondent: Mrs. M. Kiranmayee
Section 132Section 145Section 153Section 260Section 56Section 68

seizure operation under Section 132 of the Income Tax Act was carried out in the group cases of M/s. Ambiance Properties Private Limited and its sister concerns. The assessee was a Director of one of those companies by name M/s. Dakshin Shelters Private Limited. Therefore, his residential premises was also subjected to search. 5. After issuing notice under Section

Commissioner of Income Tax -II vs. M/S Sri Ramanjaneya Poultry Farm Pvt., Ltd.,

ITTA/713/2006HC Telangana03 Dec 2013

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Section 293

search and seizure of the plaintiff’s premises on 4.2.1995. Pursuant to the order of the Settlement Commission, the computation of income of the plaintiff was to be done and this computation of income was done by the Income Tax Officer under Section 245(D)(6) of the Income Tax Act vide Order dated 20.9.2005. It is this order which

EVEREST ORGANICS LTD vs. THE COMMISSIONER OF I.T., HYDERABAD

ITTA/9/2005HC Telangana21 Sept 2022

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 143(1)(a)

seizure but was not the Income Tax Officer who could pass an order under sub-section (5) of Section 132 could not retain the seized documents etc. beyond 15 days and, therefore, he could not moot a proposal under sub-section (8) for further retention of the documents beyond 180 days. This appeal is accordingly dismissed with costs

C. SANYASI RAJU vs. THE ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, VIZAG.

ITTA/7/2005HC Telangana21 Nov 2017

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

Section 143(1)(a)

seizure but was not the Income Tax Officer who could pass an order under sub-section (5) of Section 132 could not retain the seized documents etc. beyond 15 days and, therefore, he could not moot a proposal under sub-section (8) for further retention of the documents beyond 180 days. This appeal is accordingly dismissed with costs

The Commissioner of Income Tax-III vs. M/s.Samrakshna Electricals Ltd

ITTA/28/2010HC Telangana21 Mar 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 143(1)(a)

seizure but was not the Income Tax Officer who could pass an order under sub-section (5) of Section 132 could not retain the seized documents etc. beyond 15 days and, therefore, he could not moot a proposal under sub-section (8) for further retention of the documents beyond 180 days. This appeal is accordingly dismissed with costs

M/s.GVK Petro Chemicals Private Limited,(Novo Resins AND vs. The Deputy Commissioner of Income Tax,

ITTA/8/2005HC Telangana05 Jul 2012
Section 143(1)(a)

seizure but was not the Income Tax Officer who could pass an order under sub-section (5) of Section 132 could not retain the seized documents etc. beyond 15 days and, therefore, he could not moot a proposal under sub-section (8) for further retention of the documents beyond 180 days. This appeal is accordingly dismissed with costs

Sunil Kumar Ahuja vs. Assistant Commissioner of Income Tax

ITTA/97/2023HC Telangana08 Aug 2023

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

Section 153Section 153ASection 153A(1)(a)

68,34 appeal befor who vide his assessee file dated 23.09.2 3. incorrect in assessee, wh the assessee. Section 153A search. The i that proceedi found during 4. has relied on Meeta Gutgu challenge bef 5. that additions additions had Private Limi which had m purchase of l ultimate bene o. 97 of 2023 er Section 153A

Commissioner of Income Tax vs. Agricultural Market Committee

ITTA/132/2011HC Telangana20 Apr 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Section 142Section 158Section 268Section 68

seizure proceedings. Subsequently, the appellant and the other concerns which were subject to the search were issued with notice on 30.08.2001 under Section 158 (BC) requiring the furnishing of return of income including undisclosed income for the period 1.4.1990 to 14.2.2001. Apparently, during the course of the proceedings having regard to the complexity of accounts, special audit under Section

SHRI GYAN KUMAR AGARWAL (INDL) vs. THE ASST. COMMISSIONER OF INCOME TAX,

ITTA/188/2012HC Telangana23 Dec 2024

Bench: J SREENIVAS RAO,ALOK ARADHE

Section 260Section 260A

Search and seizure operation, photo copies of share certificates of M/s. Jivika Leasing and Finance Limited were noticed. The said share certificates are in the name of the assessee, Mr. Gyan Kumar Agarwal and members of his family. ln order to verify the source of genuineness for investing in the shares, notice under Sectionl5S BD of the Act, dated

THE COMMISSIONER OF IT IV vs. M/S. OCEAN SPARKLES LIMITED

ITTA/86/2013HC Telangana20 Dec 2024

Bench: J SREENIVAS RAO,ALOK ARADHE

For Appellant: Ms Suruchi Aggarwal, Senior Standing CounselFor Respondent: Mr S. Krishnan
Section 2(30)Section 260ASection 69

seizure operations on the premises of one Mr Sanjay Bhandari in the month of September 2005, in connection with the import of motor vehicles under the EPCG Scheme at a concessional rate of duty. 4.2 Pursuant to the search, notices were issued by the DRI for production of the vehicle in question, which was in possession of Mr Sameer Thapar

Commissioner of Income Tax-I vs. M/s. BDR Projects Pvt. Ltd.

ITTA/441/2013HC Telangana24 Sept 2013

seizure valued at Rs. 1,04,118.52 should not be confiscated, and customs duty in the sum of Rs. 5,07,274 should not be levied in terms of Section 28 (1) of the Act by involving the extended period of limitation. Penalties under Sections 112 (a) and 112 (b) (i) and (ii) of the Act were also proposed

The Commissioner of Income Tax IV vs. Shri Raaj Kumar Jain

ITTA/147/2013HC Telangana28 Jun 2013
For Appellant: - Sri Yug Mohit Chaudhary assistedFor Respondent: - A.G.A., Sri Amit Mishra, Sri Gyan
Section 156(3)Section 201Section 302Section 363Section 364Section 366Section 376

Section 313 Cr.P.C. Accused has denied his implication in the case/offence and has claimed that he was tortured and that his nails were extracted, his genitals were burnt and petrol was put in his anus. He offered to get himself medically examined to prove his allegations. The accused SK also claimed that he was extended other tortures and the C.B.I

THE COMM. OF INCOME TAX RAJAHMUNDRY vs. M/S B.KRISHNA MURTHY AND OTHERS

ITTA/81/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Section 120Section 201Section 216Section 302Section 34Section 364

seizures were affected in the presence of a Constable Ashok Kumar (PW-4) and ASI Siri Upadhyay (PW-6). Meanwhile, Shobha Kaul (PW-83), wife of Dr. Kaul, was informed by the wife of A-1 that the DL of SK had been found at the MCD office and that DW-1 had lodged a missing report. PW-83 stated

The Commissioner of Income Tax (Central) vs. K. V. Srinivasa Rao

ITTA/480/2017HC Telangana01 Aug 2017
For Respondent: Mr. J.S. Guleria, Deputy
Section 120BSection 25Section 27Section 302

search was conducted by the police. He stated that a false case was registered against him. He worked in a brick kiln and had no concern with the sale of arms. Accused Pradeep Gupta stated that he was present in the factory and had helped to carry the deceased Vinod Jain to the hospital. He admitted that police visited

THE COMMISSIONER OF INCOMETAX vs. M/S V.SATAYANARAYANA

The appeal is allowed

ITTA/193/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

For Appellant: Mr. Debabrata Roy
Section 13(1)Section 13(1)(d)Section 7

search and seizure, with PW-2's signature on the search list and post-trap memorandum marked as Exhibit 1/1 and Exhibit 2/3, respectively. (This testimony was corroborated by PW-3 and PW-5.) viii. During cross-examination, PW-2 revealed his initial approach to PW- 6, who directed him towards the appellant. When the appellant declined to accept