CIT v. Bimal Kumar Damani

261 ITR 87High Court2003#20186 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 348,252 Indian tax judgments — from 2016 to 2024.

Sections most often in play

Section 1922)Section 115JBSection 139Section 142(1)Section 143(2)Section 143(3)Section 147Section 148

Judgments citing CIT v. Bimal Kumar Damani

Dy. Commissioner of Income Tax, Mumbai, DCIT Circle, Aaykar Bhavan vs. Svc Co-Operative Bank Limited

ITA 691/MUM/2024[2010]Status: DisposedITAT Mumbai09 Sept 2024

Bench: Smt. Kavitha Rajgopal & Shri Gagan Goyal

For Appellant: Respondent byFor Respondent: Ms. Rajeshwari Menon, Ld. DR
Section 143(2)Section 143(3)Section 147Section 148Section 151(1)Section 250Section 36(1)Section 36(1)(viia)Section 36(1)(viii)

…anced Law Lexicon, volume 2, edition 6, “to disclose” is to expose to view or knowledge, anything which before was secret, hidden or concealed. The word “disclosure” means to disclose, reveal, unravel or bring to notice, vide CIT v. Bimal Kumar Damani [(2003) 261 ITR 87 (Cal)]. The word “true” qualifies a fact or averment as correct, exact, actual, genuine or honest. The word “full” means complete. True disclosure of concealed income must relate to the assessee concerned. Full disclosure, in the context of financial documents, means that all material or significant information should be disclosed. Therefore, the…

M/S. Mangalam Publications, Kottayam vs. Commissioner of Income Tax, Kottayam

C.A. No.-008580-008582 - 2011Supreme Court23 Jan 2024

Bench: This Court & On Leave Being Granted, Civil Appeals Have Been Registered. 3.

Section 143Section 147Section 148Section 260A

…n, Volume 2, Edition 6, ‘to disclose’ is to expose to view or 33 knowledge, anything which before was secret, hidden or concealed. The word ‘disclosure’ means to disclose, reveal, unravel or bring to notice, vide CIT Vs. Bimal Kumar Damani, (2003) 261 ITR 87 (Cal). The word ‘true’ qualifies a fact or averment as correct, exact, actual, genuine or honest. The word ‘full’ means complete. True disclosure of concealed income must relate to the assessee concerned. Full disclosure, in the context of financial documents, means that all material or significant information should be disclosed. Therefore,…

Rasal Builders & Developers Pvt. Ltd., Jaipur vs. ITO, Jaipur

In the result, the appeal of the assessee is partly allowed

ITA 287/JPR/2017[2005-06]Status: DisposedITAT Jaipur02 Mar 2021AY 2005-06

Bench: Us. 2 M/S Rasal Builders & Developers Pvt. Ltd. Vs. Ito

For Appellant: Shri Dilip Shivpuri (Adv.)For Respondent: Smt. Monisha Choudhari (Addl.CIT) a
Section 143(3)Section 271(1)Section 271(1)(c)Section 40A(3)

…na of decisions , some of which are as under: a) CIT v. Nathulal Agarwala & Sons [1985] 153 ITR 292 (Pat.) (FB); b) CIT v. Pawan Kumar Dalmia [1987] 168 ITR 1 (Ker.); c) CIT v. Gurudayalram Mukhlal [1991] 190 ITR 39 (Gau.); d) CIT v. Bimal Kumar Damani [2003] 261 ITR 87 (Cal.). 11 M/s Rasal Builders & Developers Pvt. Ltd. vs. ITO As far as the present case is concerned, it is abundantly clear that after the identity of the creditor and the genuineness of the transaction were established, the only issue was the creditworthiness of the creditor. Since the money had come through the banking channel, so the AO could…

Mitsui Prime Advanced Composites India Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, the appeal is allowed

ITA 550/DEL/2016[2010-11]Status: DisposedITAT Delhi28 Apr 2016AY 2010-11

Bench: Shri R.S. Syal, Am & Shri C.M. Garg, Jm Assessment Year : 2010-11

For Appellant: Shri Kanchan Kaushal, CA &For Respondent: Shri Amrendra Kumar, CIT, DR
Section 271(1)(c)

…ven due opportunity to put forth his point of view for non- imposition of penalty notwithstanding the sustenance of addition, amply goes to show that penalty is not automatic of addition. The Hon’ble Calcutta High Court in CIT vs. Bimal Kumar Damani (2003) 261 ITR 87 22 (Cal), has laid down that penalty is not automatic as it is an independent proceedings which is required to be initiated separately and such penalty can be imposed only after giving opportunity to the assessee. Similar view has been taken in a catena of decisions which we are not referring to herein for the sake of brevity. In our considere…

CIT v. Bimal Kumar Damani (261 ITR 87) — Cited in 4 Judgments | BharatTax