RADHA GOVIND LASHKARI,JAIPUR vs. ACIT, JAIPUR

PDF · subscribers
ITA 141/JPR/2016Status: DisposedITAT Jaipur24 May 2017AY 2010-1120 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the voluntary disclosure made after the search, in light of Explanation 5A to Section 271(1)(c), was a basis for penalty. However, penalty on the estimated interest addition was deleted as it was based on estimation without supporting material.

What were the facts?

During a search operation, a note was found indicating a transaction with the assessee. Although the assessee initially denied recall, they offered Rs. 25,00,000/- for peace of mind. Subsequently, a revised return was filed disclosing this amount as business income.

What were the issues?

Whether a voluntary disclosure made after a search, in light of Explanation 5A, can be a basis for penalty, and whether penalty can be levied on estimated additions.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 153A,Section 139(1),Section 132

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(14)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR lqJh fnok flag] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k

Before: SMT. DIVA SINGH, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No.141/JP/16

For Respondent: Shri O.P. Bhateja (Addl.CIT)
Hearing: 23/03/2017Pronounced: 24/05/2017

आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू

vihykFkhZ@The Appellant- Shri Radha Govind Lashkari, Jaipur. 1. izR;FkhZ@ The Respondent- The ACIT,Central Circle-2, Jaipur 2. vk;dj vk;qDr@ CIT 3. vk;dj vk;qDr¼vihy½@The CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए 5.

ITA No. 141/JP/16 Shri Radha Govind Lashkari,Jaipur Vs. ACIT Circle-2,Jaipur

xkMZ QkbZy@ Guard File (ITA No.141/JP/2016) 6.

vkns'kkuqlkj@ By order,

सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →