Sh. Rakesh Kumar Garg, New Delhi vs. DCIT, New Delhi
In the result appeal of the assessee is allowed
ITA 673/DEL/2014[2009-10]Status: DisposedITAT Delhi29 May 2017AY 2009-10
Bench: Shri H.S.Sidhu & Shri Prashant Maharishirakesh Kumar Garg, Vs. Dcit, G-15, Maharani Bagh, Central Circle-12, New Delhi New Delhi Pan:Aadpg0991M (Appellant) (Respondent)
For Appellant: Sh. Sudesh Garg, CAFor Respondent: Sh. SS Rana, CIT DR
Section 132Section 132(4)Section 143(3)Section 271A
…ason that no records of such income are kept in a meticulous manner. Generally, no person usually keeps the evidences of undisclosed income which has not been recorded in the regular books of account. The Hon'ble Gujarat High Court in CIT Vs. Mahendra C. Shah 215 CTR 493 has held that assessee having declared the value of diamonds in his statement u/s 132(4) and paid due tax thereon, he was entitled to immunity from penalty according to explanation 5 to section 271(1)(c) of the Act. It is important to note that in that particular section has the requirement of specifying the manner of earning undisclosed income.…