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    <title>1998 (10) TMI 61 - GUJARAT High Court</title>
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    <description>The dominant issue was the constitutional validity of Income-tax Act s.158BD (block assessment of undisclosed income of a person other than the searched person) as violating Arts. 14, 19(1)(g), and 21. The HC held that Chapter XIV-B creates a special, efficient machinery necessitated by difficulties in attributing undisclosed income to specific previous years; the classification of persons whose undisclosed income is detected in search cases rests on an intelligible differentia with a rational nexus to the statutory object, and the flat tax under s.113 is a corollary of treating such income as a separate class, negating any Art. 14 infirmity. It further held s.158BD is a taxing procedure, not an unreasonable restraint on business under Art. 19(1)(g), and does not implicate life or personal liberty under Art. 21. The petitions were dismissed.</description>
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    <pubDate>Thu, 15 Oct 1998 00:00:00 +0530</pubDate>
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      <title>1998 (10) TMI 61 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=16365</link>
      <description>The dominant issue was the constitutional validity of Income-tax Act s.158BD (block assessment of undisclosed income of a person other than the searched person) as violating Arts. 14, 19(1)(g), and 21. The HC held that Chapter XIV-B creates a special, efficient machinery necessitated by difficulties in attributing undisclosed income to specific previous years; the classification of persons whose undisclosed income is detected in search cases rests on an intelligible differentia with a rational nexus to the statutory object, and the flat tax under s.113 is a corollary of treating such income as a separate class, negating any Art. 14 infirmity. It further held s.158BD is a taxing procedure, not an unreasonable restraint on business under Art. 19(1)(g), and does not implicate life or personal liberty under Art. 21. The petitions were dismissed.</description>
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      <pubDate>Thu, 15 Oct 1998 00:00:00 +0530</pubDate>
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