Articles by CA.Mohit Gupta
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Retrospective applicability of Sec 153C "2015 amendment" as held by Supreme Court
The Supreme Court held that the amendment brought to Section 153C of the Income Tax Act 1961 by the Finance Act 2015 will retrospectively apply to searches conducted prior to the date of the amendment, i.e., 01.06.2015.
Union Budget 2023-24: Proposed Changes relating to Income Tax Search and Seizure Provisions
In the Union Budget 2023-24 through Finance Bill 2023, among other tax measures, the Hon'ble Finance Minister recommended significant though few changes relating to Income Tax Search and Seizure provisions
Accused cannot be compelled to give password of an electronic device during investigation proceedings
The court held that the accused cannot be compelled to give such information and in this regard he is protected by Article 20(3) of the Constitution of India as well as Section 161(2) of Cr.P.C.
Income Tax Search and Seizure: Irregularity versus an illegal Income Tax Search- Analysis
Rule 112 of the Income Tax Rules'1962 lays down the procedure, forms of authorization, manner and other procedural effects of carrying out search and seizure action as enumerated u/s 132 of the act.
Insertion of Section 79A - Plugging of lacuna by the Finance Bill 2022
In the Union Budget 2022-23 through Finance Bill 2022, among other tax measures, the Hon'ble Finance Minister recommended "Insertion of New Section 79A: No set-off of losses consequent to search, requisition and survey".
Union Budget 2022-23: Proposed Changes relating to Income Tax Search and Seizure Provisions
In the Union Budget 2022-23 through Finance Bill 2022, among other tax measures, the Hon'ble Finance Minister recommended significant changes relating to Income Tax Search and Seizure provisions, as mentioned in this article
Declaration of undisclosed income to "buy peace" does not renders an assessee immunity from initiation and levy of penalty
Under the Income Tax Act, 1961 penalty is to be levied on the amount of "tax sought to be evaded" in respect of the concealment of particulars of income or furnishing inaccurate particulars of the income. Nevertheless, in case of SEARCH penalty is also levied in respect of "Undisclosed Income" too.
Income Tax Search and Seizure: Right of the assessee to cross-examine
The principles of natural justice forms an integral part of procedural fairness and justness, thereby excluding the scope of arbitrariness. Even though the right of hearing, which forms a part of the principles of natural justice, before an order is passed under some of the provisions of the Income-tax Act 1961
Controversy in computing the period of limitation to frame search assessments
The period of limitation for completion of assessment u/s 153A of the Income Tax Act'1961 for the searches conducted on or before 31st Day of March'2021 is governed by the provisions of Section 153B of the act. Even though Section 153A of the Income Tax Act'1961
Legality of roping in an unconnected third party in the rigors of an Income Tax Search and Seizure action
Bank Lockers- Income Tax Search and Seizure
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