1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
TaxTMI Login
🚀 New: Section-Wise Filter ✕
Just a moment...
1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>High Court rules no surcharge for block assessments pre-proviso introduction under Income-tax Act</h1> The High Court dismissed the appeal in a tax case where the issue was whether surcharge could be levied for block assessments conducted before the ... - Issues involved:The judgment involves the issue of whether surcharge can be levied for block assessments conducted before the introduction of the proviso to section 113 of the Income-tax Act, 1961.Issue 1:The main issue in this case was whether surcharge could be levied for block assessments if the search was conducted before the introduction of the proviso to section 113 of the Act. The Tribunal held that since the search was conducted prior to the introduction of the proviso, surcharge was not imposable. The Revenue appealed this decision, questioning the applicability of surcharge to block assessments conducted before the introduction of the proviso.Issue 2:Another issue raised was whether the levy of surcharge prior to the introduction of the proviso was complex and whether the levy failed as a result. However, the court did not delve into this issue as it found that surcharge was not applicable to block assessments conducted before the introduction of the proviso to section 113.The judgment delivered by the High Court of Madras pertained to a tax case appeal against the order of the Income-tax Appellate Tribunal. The search conducted by Revenue officials under section 132 of the Income-tax Act, 1961, resulted in a block assessment being framed for the block period 1988-89 to 1998-99. The order passed for the block period levied a surcharge at 10 per cent on the tax payable. The Commissioner of Income-tax (Appeals) allowed the appeal by the assessee, deleting the levy of surcharge. The Tribunal, on appeal by the Revenue, held that since the search was conducted before the introduction of the proviso to section 113, surcharge was not imposable. The court referred to a similar case decided by the Punjab and Haryana High Court and agreed with their decision. As the search in the present case was conducted before the introduction of the proviso to section 113, the court held that surcharge was not applicable to block assessments in such cases. Consequently, the appeal was dismissed as no substantial question of law arose for consideration.
TaxTMI 
TaxTMI 
