CIT v. Suresh Chandra Mittal

251 ITR 9Supreme Court of India2001#537 most cited

What is CIT v. Suresh Chandra Mittal authority for?

A penalty under section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not automatically leviable merely because a higher income is declared, even after a search or in a voluntarily revised return. The initial burden to prove concealment or inaccurate particulars lies with the Revenue.

179

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2011 to 2025.

Also referred to as

CIT v. Suresh Chandra Mittal · 251 ITR 9 · Section 271(1)(c) penalty · concealment of income · furnishing inaccurate particulars · burden of proof · voluntary revised return · higher income declared after search · automatic penalty · Section 139(4) revised return

Sections most often in play

Section 271(1)(c)Section 153ASection 69Section 143(3)Section 274Section 132Section 142(1)Section 234B

Issues it is cited on

section 90(3)section 65(b)section 276section 65b(4)section 163section 153b(1)house property incomeazadi bachao andolansection 65bsection 90(2)section 65furnishing inaccurate particulars of income

Judgments citing CIT v. Suresh Chandra Mittal

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 7760/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Jun 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 7759/DEL/2017[2011-12]Status: DisposedITAT Delhi12 Jun 2024AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 7758/DEL/2017[2010-11]Status: DisposedITAT Delhi12 Jun 2024AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 7757/DEL/2017[2009-10]Status: DisposedITAT Delhi12 Jun 2024AY 2009-10

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 7756/DEL/2017[2008-09]Status: DisposedITAT Delhi12 Jun 2024AY 2008-09

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 6769/DEL/2017[2007-08]Status: DisposedITAT Delhi12 Jun 2024AY 2007-08

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 6767/DEL/2017[2006-07]Status: DisposedITAT Delhi12 Jun 2024AY 2006-07

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 6744/DEL/2017[2007-08]Status: DisposedITAT Delhi12 Jun 2024AY 2007-08

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, Central Circle- 30, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 6743/DEL/2017[2006-07]Status: DisposedITAT Delhi12 Jun 2024AY 2006-07

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 3627/DEL/2016[2012-13]Status: DisposedITAT Delhi12 Jun 2024AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 3626/DEL/2016[2011-12]Status: DisposedITAT Delhi12 Jun 2024AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 3625/DEL/2016[2010-11]Status: DisposedITAT Delhi12 Jun 2024AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 3624/DEL/2016[2009-10]Status: DisposedITAT Delhi12 Jun 2024AY 2009-10

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Rajinder Kumar, New Delhi vs. ACIT, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 3623/DEL/2016[2008-09]Status: DisposedITAT Delhi12 Jun 2024AY 2008-09

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

ACIT, New Delhi vs. Sh. Rajinder Kumar, New Delhi

In the result, the appeals filed by the assessee on quantum for AY 2006-

ITA 3368/DEL/2016[2010-11]Status: DisposedITAT Delhi12 Jun 2024AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareek

For Appellant: Shri V. Sridharan, Sr. AdvFor Respondent: Shri P. N. Barnwal, CIT DR
Section 132Section 143(2)Section 153A

…the said case, no such concealment or non-disclosure of income was made as the assessee had made a complete disclosure in the income-tax return and offered the surrendered amount for the purposes of tax. 6.9. Further, in CIT vs. Suresh Chandra Mittal [(2001) 251 ITR 9] (Page 772-773 of case law compendium, Volume 3.2) the Hon'ble Supreme Court upheld the view taken by the Hon'ble Madhya Pradesh High Court. The Hon'ble High Court of Madhya Pradesh in Commissioner of Income Tax v. Suresh Chandra Mittal [(2000) 241 ITR 124] (Page 774- 776 of case law compendium, Volume 3.2) has held that once the revised assessment…

Image Finvest & Leasing Pvt. Ltd., Kolkata vs. ITO, Ward-11(4), Kolkata

In the result, the appeal of the assessee is allowed

ITA 88/KOL/2024[2015-16]Status: DisposedITAT Kolkata08 May 2024AY 2015-16

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2015-16 Image Finvest & Leasing Pvt. Ltd. Ito, Ward-11(4), Kolkata 200, Block-A, Bangur Avenue, Vs Kolkata-700055 Pan: Aaaci 5378 J (Appellant) (Respondent) Present For: Appellant By : Shri Anil Kochar, Ar Respondent By : Shri P.P. Barman, Addl. Cit, Sr. Dr Date Of Hearing : 27.03.2024 Date Of Pronouncement : 08.05.2024 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2015-16 Is Directed Against The Order Dated 09.01.2024 Passed By The Ld. Commissioner Of Income-Tax (Appeals), Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’].

For Appellant: Shri Anil Kochar, ARFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. DR
Section 143(3)Section 271(1)(c)

…uld be imposed when the assessee revised its return before finalization of assessment. The revised return was regularized by the revenue and at the same time there is no loss to the revenue. The decision of the Hon’ble Apex Court in CIT vs Sureshchand Mittal, 251 ITR 9 and the ratio laid down by the Hon’ble M.P. High Court in CIT vs Shyamlal Soni 276 ITR 156 support our view. In present case, the assessee offered additional income before finalization of assessment order. The explanation given by the assessee in this regard is that such additional income was declared to buy peace and not to proceed with 3 Image Fi…

R. G. Sundar & Co, Erode vs. DCIT, Central Circle-2, Coimbatore

In the result, the appeals filed by the assessee in ITA Nos

ITA 1600/CHNY/2023[2015-16]Status: DisposedITAT Chennai30 Apr 2024AY 2015-16

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1599 & 1600/Chny/2023 िनधा"रण वष"/Assessment Years: 2014-15 & 2015-16 M/S. R.G. Sundar & Co., The Deputy Commissioner Erode Feeds Producers, Vs. Of Income Tax, 82, Perundurai Road, Central Circle-2, Perundurai – 638 001. Coimbatore Pan: Aaffr 3771C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Banusekar, Advocate Shri Suraj Nahar, Ca ""यथ" क" ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.04.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.04.2024

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 133ASection 139(1)Section 143Section 143(3)Section 147Section 148Section 271(1)(c)

…h no income on account of inflated purchases was disclosed. Can such amount be treated as concealment of income? The ld.counsel for the assessee before us relied on the decision of Hon’ble Supreme Court in the case of CIT vs. Suresh Chandra Mittal reported in 251 ITR 9, wherein exactly on identical facts, as in the given facts of the case, where assessee filed original return of income and when a search action u/s.132 of the Act was initiated, notice u/s.148 of the Act was served and he filed return in response to notice u/s.148 of the Act disclosing higher income, the Hon’ble Supreme Court held that the Tribunal…

R. G. Sundar & Co, Erode vs. DCIT, Central Circle-2, Coimbatore

In the result, the appeals filed by the assessee in ITA Nos

ITA 1599/CHNY/2023[2014-15]Status: DisposedITAT Chennai30 Apr 2024AY 2014-15

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1599 & 1600/Chny/2023 िनधा"रण वष"/Assessment Years: 2014-15 & 2015-16 M/S. R.G. Sundar & Co., The Deputy Commissioner Erode Feeds Producers, Vs. Of Income Tax, 82, Perundurai Road, Central Circle-2, Perundurai – 638 001. Coimbatore Pan: Aaffr 3771C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Banusekar, Advocate Shri Suraj Nahar, Ca ""यथ" क" ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.04.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.04.2024

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 133ASection 139(1)Section 143Section 143(3)Section 147Section 148Section 271(1)(c)

…h no income on account of inflated purchases was disclosed. Can such amount be treated as concealment of income? The ld.counsel for the assessee before us relied on the decision of Hon’ble Supreme Court in the case of CIT vs. Suresh Chandra Mittal reported in 251 ITR 9, wherein exactly on identical facts, as in the given facts of the case, where assessee filed original return of income and when a search action u/s.132 of the Act was initiated, notice u/s.148 of the Act was served and he filed return in response to notice u/s.148 of the Act disclosing higher income, the Hon’ble Supreme Court held that the Tribunal…

Vijay Choudhary, Mumbai vs. ACIT 1(2), Indore

Appeals are allowed

ITA 485/IND/2023[2007-08]Status: DisposedITAT Indore22 Apr 2024AY 2007-08

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 271(1)(c)

…04 to 2005-06 & 2007-08 Factory (supra). It is further pointed out that the SLP filed by the Deptt. before the Apex Court on 5.8.2016 in the matter of CIT V/s. SSA'S Emerald Meadows (supra) was dismissed. In the case of CIT V/s. Suresh Chandra Mittal, (2000) 251 ITR 9 (SC), the Apex Court has upheld the decision of M.P. High Court wherein, in similar circumstances, it was held that the initial burden lies on the revenue to establish that the assessee had concealed the income or had furnished inaccurate particulars of such income. In the present case, in show- cause notice the Assessing Officer has not specified…

Vijay Choudhary, Mumbai vs. ACIT 1(2), Indore

Appeals are allowed

ITA 484/IND/2023[2005-06]Status: DisposedITAT Indore22 Apr 2024AY 2005-06

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 271(1)(c)

…04 to 2005-06 & 2007-08 Factory (supra). It is further pointed out that the SLP filed by the Deptt. before the Apex Court on 5.8.2016 in the matter of CIT V/s. SSA'S Emerald Meadows (supra) was dismissed. In the case of CIT V/s. Suresh Chandra Mittal, (2000) 251 ITR 9 (SC), the Apex Court has upheld the decision of M.P. High Court wherein, in similar circumstances, it was held that the initial burden lies on the revenue to establish that the assessee had concealed the income or had furnished inaccurate particulars of such income. In the present case, in show- cause notice the Assessing Officer has not specified…