Articles by CA.Mohit Gupta

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Assessment of incriminating material found during Income Tax Search u/s 153A

Posted by CA.Mohit Gupta 28 November 2021 2106 Views

Section 153A provides the procedure for completion of assessment in case of a person where a search is initiated under Section 132 or books of account or other documents or any assets are requisitioned under Section 132A after 31st May, 2003 but on or before the 31st Day of March'2021.



Post Income Tax Search and Seizure findings of incriminating material and undisclosed income

Posted by CA.Mohit Gupta 12 November 2021 1834 Views

A vital question arises at this juncture and is also a matter of prolonged litigation as to whether the reasons to believe can come into existence after the issuance of a warrant of authorization.



New Regime of Income Tax Search and Seizure Assessments - Glaring Implications

Posted by CA.Mohit Gupta 12 July 2021 4315 Views

Highlighting the significant changes brought in by the virtue of the Finance Act 2021 in context to the Income Tax assessments to be made in pursuance to an Income Tax Search and Seizure Action conducted u/s 132.



Importance of Statement u/s 132(4) of the IT Act 1961, Retraction thereof

Posted by CA.Mohit Gupta 26 May 2021 13238 Views

Section 132(4) of the act has been put in place by the legislature consciously so as to enable the authorized officer to collect such evidence by recording statements during the course of the search.



Understanding the gamut of Dumb Documents unearthed in an IT Search and Seizure Action

Posted by CA.Mohit Gupta 27 February 2021 2229 Views

Non-speaking seized documents are referred to as 'Dumb Documents'. In this article, we will discuss the gamut of Dumb Documents unearthed in an IT Search and Seizure Action.



Search and Seizure under Income Tax

Posted by CA.Mohit Gupta 09 February 2021 7233 Views

Whether an Income Tax survey proceedings u/s 133A of the Income Tax Act’1961 can be converted into an Income Tax Search and Seizure action u/s 132 of the Income Tax Act ‘1961



Finance Bill 2021 | Paradigm shift in the provisions relating to IT Search and Seizure Assessments and IT Settlement Commission

Posted by CA.Mohit Gupta 03 February 2021 6751 Views

In, significant changes to the taxation process, among other tax measures, the FM recommended a paradigm change to the provisions relating to “Assessment in case of search or requisition viz. Section 153A to 153D” and Income Tax Settlement Commission.



Seizure of undisclosed jewellery and its assessment thereupon- Legal Treatise

Posted by CA.Mohit Gupta 09 January 2021 2042 Views

CBDT has clarified that no seizure should be made by the Search Party of the Jewellery and Ornaments found during the course of search proceedings under Section 132 of the IT Act,1961, where the same have been duly declared in the Wealth-tax returns.



An Interplay - Income Tax Search and Seizure and Income Tax Settlement Commission

Posted by CA.Mohit Gupta 30 December 2020 6498 Views

Chapter XIX-A of the Act pertains to the settlement of cases. Under sub-section (1) of section 245C of the Act, an assessee at any stage of a case relating to him can make an application for settlement in the prescribed manner.



Bar on Subsequent Application to Income Tax Settlement Commission

Posted by CA.Mohit Gupta 12 December 2020 1467 Views

Bar on Subsequent Application to Income Tax Settlement Commission: Conflict between Legislative Intention and Judicial View




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