Section 10. Assessment
(1) For the purposes of making an assessment or reassessment under this Act, the Assessing Officer may, on receipt of an information from an income-tax authority under the Income-tax Act or any other authority under any law for the time being in force or on coming of any information to his notice, serve on any person, a notice requiring him on a date to be specified to produce or cause to be produced such accounts or documents or evidence as the Assessing Officer may require for the purposes of this Act and may, from time to time, serve further notices requiring the production of such other accounts or documents or evidence as he may require.
(2) The Assessing Officer may make such inquiry, as he considers necessary, for the purpose of obtaining full information in respect of undisclosed foreign income and asset of any person for the relevant financial year or years.
(3) The Assessing Officer, after considering such accounts, documents or evidence, as he has obtained under sub-section (1), and after taking into account any relevant material which he has gathered under sub-section (2) and any other evidence produced by the assessee, shall by an order in writing, assess the undisclosed foreign income and asset and determine the sum payable by the assessee.
(4) If any person fails to comply with all the terms of the notice under sub-section (1), the Assessing Officer shall, after taking into account all the relevant material which he has gathered and after giving the assessee an opportunity of being heard, make the assessment of undisclosed foreign income and asset to the best of his judgment and determine the sum payable by the assessee.
Judgements applying section 10
Co. 123/DEL/2023 of Nimit Rai Tiwari,Pitampura versus Income Tax Officer, C.R. Building
Outcome: DisposedNIMIT RAI TIWARI,PITAMPURA versus INCOME TAX OFFICER, C.R. BUILDING
DisposedOpenShri Suresh Kumar Banthia & Shri Jitesh Kumar Banthia Vs. The Deputy Director, Directorate of Enforcement, Kolkata
and 1164 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS
AllowedOpenItem No.7 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE HEARD ON: 16.07.2024 DELIVERED ON: 16.07.2024 CORAM: THE HON’BLE MR. CHIEF JUSTICE T.S. SIVAGNANAM AND THE HON’BLE MR. JUSTICE HIRANMAY BHATTA
DismissedOpen
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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2022 PRESENT THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON’BLE MRS. JUSTICE M.G. UMA WRIT APPEAL No.844 OF 2022 (T-IT) BETWEEN : SRI. JITENDRA VIRWANI
AllowedOpenSix writ petitions challenged notices, assessment orders and demand notices under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 concerning foreign trust assets.
DismissedOpenCOURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2022 BEFORE THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.17813/2021 [T-IT] BETWEEN : MR. JITENDRA VIRWANI 34/1, EMBASSY WOODS, 6/ A , CUNNINGHAM ROAD, VASANTHNAG
DismissedOpen9501 of 2021 sl. 8 Kritin Bothra Vs DDIT(Inv.) Unit-3 (3), Kolkata Anr. Mr. Agnibesh Sengupta, Mr. Indranil Banerjee, Mr. Subrata Mukherjee … For the Petitioner. Mr. Dhiraj Trivedi, Mr. Soumen Bhattacharjee … For the Respondents. Heard lear
DismissedOpen