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2008 (7) TMI 15 - HC - Income TaxSurcharge on tax payable on undisclosed income determined in a block assessment Section 113 - proviso to Sec. 113 of IT Act, 1961 was inserted w.e.f 1.6.02 whereby surcharge was sought to be levied on tax payable on undisclosed income determined in a block assessment but instant case pertains to the block A.Y. 1.4.1990 to 19.3.2001 hence impugned provision are not applicable to instant case - ITAT was correct in holding that the surcharge U/S 113 was not leviable in the present case
Issues involved:
Levy of surcharge on undisclosed income in block assessment. Analysis: The appeal in this case arose from an order passed by the Tribunal regarding the block assessment year 1.4.1990 to 19.3.2001. The main ground of appeal was the levy of surcharge on the tax payable found on the undisclosed income computed in the block assessment. A search conducted on 19.3.2001 revealed the facts leading to the insertion of the proviso to Section 113 of the Income Tax Act, 1961, which aimed to impose surcharge on tax payable on undisclosed income determined in a block assessment. The Tribunal, following the decision of the Special Bench of the Income Tax Appellate Tribunal in a specific case, concluded that surcharge was not applicable and subsequently removed the surcharge imposed by the revenue authorities. The revenue proposed a question challenging the correctness of the Tribunal's decision on the levy of surcharge under Section 113 of the Income Tax Act, 1961. The Court admitted the question for consideration. However, the Court found that the issue had already been settled by the Supreme Court in a previous case (CIT v. Suresh Gupta; 297 ITR 322), where it was held that surcharge was indeed leviable on undisclosed income in block assessments. Consequently, the Court decided in favor of the revenue and against the assessee, allowing the appeal. This judgment clarifies the applicability of surcharge on undisclosed income in block assessments as per the provisions of the Income Tax Act, 1961. It emphasizes the binding nature of the Supreme Court's decisions on lower courts and tribunals, highlighting the importance of precedent in tax law matters.
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