Supreme Court · 2008 INSC 14 · Decided 7 January 2008

Commissioner of Income Tax Central Ii v. Suresh N. Gupta

Court
Supreme Court of India
Citation
2008 INSC 14 · [2008] 1 S.C.R. 157
Case number
CIVIL APPEAL No. 32/2008
Decided
7 January 2008
Bench
S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
Constitution Article 271; Income Tax Act Section 4(1), 132, 15888

Headnote

Income Tax Act, 1961 - s. 4 (1) and proviso, 113, 132, A B Chapter XIV B; ss. 158 BA, 158 BB, 158 BF - Undisclosed income - Unearthed during search carried out on 17.1.2001 - c Levy of surchar.ge @ 17% on the tax calculated at 60% on the total undisclosed income by placing reliance on Finance Act, Surcharge was rightly imposed - Revenue could place reliance on Finance Act, 2001 for the purpose of 'block assessment' under Chapter XIV B - Computation under Chapter XIV B has to be read with D computation of 'total income' under Chapter IV - Relevant date for applicability of the Finance

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