TMI Blog2006 (10) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... the extent of holding that surcharge under s. 113 of the IT Act, 1961 (for short, 'the Act') was payable for the block period 1st April, 1990 to 24th May, 2000, though the said provision was not in force during the relevant period. 2. Case of the petitioner is that search was conducted in the premises of the petitioner on 24th May, 2000 which was followed by notice under s. 158BC of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the appeal of the Revenue against the order of the Tribunal to the effect that surcharge was leviable w.e.f. 1st June, 2002. 4. In the reply filed on behalf of the Revenue, it is submitted that in the present case, assessment year relevant to the year of search was the block period from 1st April, 1990 to 24th May, 2000. Though the provision was incorporated in the Act vide Finance Act, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Finance Act, 2000, a specific provision has been incorporated, merely because addition in the IT Act has been incorporated only w.e.f. 1st June, 2002, did not affect liability of the assessee to pay surcharge. It is not possible to accept that a provision in a Finance Act, could not be given effect to unless the same was incorporated in the main IT Act. 7. As regards the order of this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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