2011 (2) TMI 365

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.... appellant-Revenue.   Mr. Rajiv Sharma, Advocate for the respondent-assessee.   AJAY KUMAR MITTAL, J.   1. This appeal under Section 260A of the Income-Tax Act, 1961 (for short "the Act") has been filed by the Revenue against the order dated 28.11.2003, passed by the Income Tax Appellate Tribunal Amritsar Bench, Amritsar (in short "the Tribunal") in IT(SS) A No. 24(ASR)/200....

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....he assessing officer by order dated 28.2.2002 made certain additions and ultimately, the block assessment under Section 158BC of the Act was completed on 28.2.2002 at the total undisclosed income of Rs. 38,77,900/- and surcharge of Rs. 2,32,674/- was levied on the tax worked on that undisclosed income. The appeal carried by the assessee met with partial success before the Commissioner of Income-ta....

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....s appeal is, whether the surcharge on income tax in terms of Section 113 of the Act would be leviable where search and seizure had taken place prior to 1.6.2002.   7. Learned counsel for the Revenue relied upon a decision of the apex Court in Commissioner of Income Tax vs. Suresh N. Gupta, (2009) 297 ITR 322 and submitted that proviso to Section 113 which was inserted by Finance Act 2002 w....

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....f block assessment at 60 per cent was prescribed by section 113 but the year of the Finance Act imposing surcharge was not stipulated. This resulted in the above four ambiguities. Therefore, clarification was needed. The proviso was curative in nature. Hence, the proviso inserted in section 113 merely clarifies that out of the above four dates, the relevant date for applicability of the Income Tax....