K.L. Swamy v. CIT (Kar)

230 ITR 855High Court1998#12487 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2023.

Judgments citing K.L. Swamy v. CIT (Kar)

VINOD RATAN PATIL,MUMBAI vs. ASST CIT CIR 3, KALYAN

In the result, appeal filed by the assessee is dismissed

ITA 4246/MUM/2018[2011-12]Status: DisposedITAT Mumbai10 Feb 2023AY 2011-12

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 143(2)Section 143(3)Section 37(1)Section 68

…he criminal liability, as has been provided in Section 276 of the Act. In this regard, I would like to place reliance on the decisions delivered by the courts, in following cases: i) Ravi & Co Vs ACIT, 271 ITR 286 (Mad) ii) Bhairavlal Verma Vs Union of India, 230 ITR 855 (All) iii) CIT Vs Rakesh Suri, 331 ITR 458 (All) 6.4 In the case of In Union of India vs. Dharmendra Textile Processors (2008-TIOL- 192-SC-CX-LB), the Supreme Court examined Section 271(1)(c) of the Act and other provisions for imposition of penalty in different statutory enactments. It was held that penalty in such cases imposed for tax delinque…

GAURISHANKAR CHAUDHARY,MUMBAI vs. ACIT, CC-4(4), MUMBAI, MUMBAI

In the result, all the appeals of the assessee vide ITA No

ITA 6112/MUM/2019[2013-14]Status: DisposedITAT Mumbai31 Oct 2022AY 2013-14

Bench: Shri Kuldip Singh & Shri Amarjit Singh

For Appellant: NoneFor Respondent: Harmesh Lal
Section 147Section 148Section 271(1)(c)

…/s 148 has been voluntarily made and therefore it is not liable for levy of penalty "Voluntarily means out of free will ie without any compulsion. It has been held in the cases of K.L. Swamy Vs. CIT (Kar) 239 ITR 386, Bhairav Lal Verma Vs Union of India (All) 230 ITR 855 and M.N. Rajaraman Vs. ACIT (ITAT, Chennai) 119 ITD 362 that if the department has incriminating material with regard to the undisclosed income, the disclosure made by the assessee cannot be considered to be voluntary. Further, in the cases of P.C. Joseph & Bros. Vs. CIT (Ker) 240 ITR 818, CIT vs. Rakesh Suri (All) 331 ITR 458 and CIT vs. Sushma…

GAURISHANKAR CHAUDHARY,MUMBAI vs. ACIT CC-4(4), MUMBAI, MUMBAI

In the result, all the appeals of the assessee vide ITA No

ITA 6110/MUM/2019[2011-12]Status: DisposedITAT Mumbai31 Oct 2022AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singh

For Appellant: NoneFor Respondent: Harmesh Lal
Section 147Section 148Section 271(1)(c)

…/s 148 has been voluntarily made and therefore it is not liable for levy of penalty "Voluntarily means out of free will ie without any compulsion. It has been held in the cases of K.L. Swamy Vs. CIT (Kar) 239 ITR 386, Bhairav Lal Verma Vs Union of India (All) 230 ITR 855 and M.N. Rajaraman Vs. ACIT (ITAT, Chennai) 119 ITD 362 that if the department has incriminating material with regard to the undisclosed income, the disclosure made by the assessee cannot be considered to be voluntary. Further, in the cases of P.C. Joseph & Bros. Vs. CIT (Ker) 240 ITR 818, CIT vs. Rakesh Suri (All) 331 ITR 458 and CIT vs. Sushma…

SATISH SARAF,MUMBAI vs. DEPUTY COMMISSIONER CENTRAL CIRCLE-4(3), CENTRAL RANGE-4, MUMBAI

ITA 6567/MUM/2017[2010-11]Status: DisposedITAT Mumbai05 Feb 2020AY 2010-11

Bench: Shri Pawan Singh, Jm & Shri S. Rifaur Rahman, Am

For Appellant: Shri A. K. Ghosh, ARFor Respondent: Shri V. Vinod Kumar
Section 131Section 132Section 132(4)Section 271(1)(c)

…closure is voluntarily made and therefore it is not liable for levy of penalty. "Voluntarily" means out of free will i.e. without any compulsion. It has been held in the cases of K.L. Swamy Vs. CIT (Kar) 239 ITR 386, Bhairav Lal Verma Vs. Union of India (All) 230 ITR 855 and M.N. Rajaraman Vs. ACIT (ITAT, Chennai) 119 ITD 362 that if the department has incriminating material with regard to the undisclosed income, the disclosure made by the assessee cannot be considered to be voluntary. Further, in the cases of P.C. Joseph & 12 I.T.A. No. 6567, 6605 & 6568/Mum/2017 Satish Saraf Bros. Vs. CIT (Ker) 240 ITR 818, C…

SHRI GHANSHYAM DUNGARBHAI SUTARIYA,,SURAT vs. THE ACIT, CIRCLE-8,, SURAT

In the result, the appeal of the Assessee is dismissed

ITA 2971/AHD/2014[2009-10]Status: DisposedITAT Surat08 Aug 2019AY 2009-10

Bench: Shri H.S. Sidhu & Shri O.P. Meenaassessment Year: 2009-10 Ghanshyam Dungarbhai Sutaria, Vs. Acit, Circle-8, H.No. 1, 1St Floor, Sahaj Park Row Surat House, Hira Baug Circle, Vallabhacharya Road, Near Kailashdham Society, Ashwanikumar Road, Surat-395008 (Pan: Akkpp9318E) (Appellant) (Respondent)

Section 143(3)Section 251(1)Section 271(1)Section 271(1)(c)

…ising the discretion. Such fear must be traceable to imminent or proximate exposure of the assessee to penal action, but for the filing of the return. 5.1 We note that the Hon’ble Allahabad High Court in the case of Bhairav Lal Verma v. Union of (India [1998] 230 ITR 855 while interpreting the word 'voluntarily' given in section 273(A) of the Act held that voluntarily means out of free will without any compulsion, When the assessee concealed the incriminating material with regard to income so disclosed cannot be held to be voluntarily. The Court held "The position thus settled is that the word "voluntarily" in se…

ACIT, NEW DELHI vs. M/S JUHI INVESTMENT CO. PVT. LTD.,, NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 3626/DEL/2011[2004-05]Status: DisposedITAT Delhi26 May 2017AY 2004-05

Bench: Shri H.S. Sidhu & Shri O.P. Kanta.Y. : 2004-05 Asstt. Commissioner Of M/S Juhi Investment Co. Pvt. Income Tax, Vs. Ltd., Circle-4(1), L-77, Lajpat Nagar-Ii, Room No. 407, C.R. Building, New Delhi I.P. Estate, (Pan:Aaacj2146B) New Delhi (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Sh. Umesh Chand Dubey, Sr. DR
Section 143(2)Section 143(3)Section 271(1)Section 271(1)(c)

…y" has recently been explained by the Hon'ble Allahabad High Court in the case of CIT v. Shri Rakesh Suri vide order dated 13-5-2010 reported in (2011) 9 Taxmann.com 5 as under:- "41. A Full Bench of the Allahabad High Court in the case reported in (1998) 230 ITR 855 : Bhairav Lal Verma v. Union of India [l998] 230 ITR 855, while interpreting the word voluntarily given in Section 273(A) of the Act held that voluntarily means out of free will without any compulsion. When the assessee concealed the incriminating material with regard to income so disclosed cannot be held to be voluntary. It shall be appropriat…

RASHID D LAKDAWALA,MUMBAI vs. ITO 20(2)(4), MUMBAI

In the result, both the appeal of the assessee is allowed for statistical purposes

ITA 5757/MUM/2014[2009-10]Status: DisposedITAT Mumbai29 Nov 2016AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आयकर अपीऱ सं./I.T.A. No.5757/Mum/2014 (ननधधारण वषा / Assessment Years : 2009-10) बनधम/ Rashid D Lakdawala, Income Tax Officer 20(2)(4), Room No.409, 4Th Floor, C/O Citizen Timber Marg, Vs. Satellite 2, Opp Garden Gate, Piramal Chambers, Film City Road, Jijibhoy Lane, Goregaon East, Lalbaug, Parel, Mumbai--400063 Mumbai-400012 स्थधयी ऱेखध सं./ Pan :Aabpl6186F अपीऱार्थी की ओर से / Assessee By None प्रत्यर्थी की ओर से/Revenue By Shri B S Bist सुनवाई की तारीख / Date Of Hearing : 24.10.2016 घोषणा की तारीख /Date Of Pronouncement : .11.2016 आदेश / O R D E R Per Rajesh Kumar, Am This Is An Appeal Filed By The Assessee Challenging The Order Dated 4.7.2015 Passed By The Ld.Cit(A)-31, Mumbai Sustaining The Penalty U/S 271(1)(C) Of The Income Tax Act, 1961 For The Assessment Year 2008-09. 2. Despite Service Of Notice Through Rpad None Appeared On Behalf Of The Assessee On The Appointed Date Of Hearing , We, Therefore, Proceed To Decide The Appeal Ex-Parte On Merit After Hearing The Ld. Dr.

Section 143(2)Section 143(3)Section 271(1)Section 271(1)(c)

…fter considering the submissions which are incorporated at page 4 of the appellate order and relying on the various decisions such as Hon’ble Delhi High 3 Court in the case of Zoom Communications P Ltd 327 ITR 510 (Del), Bhairav lal Verma V/s Union of India (230 ITR 855), N D Shroff (Smaller HUF) V/s JCIT (82 TTJ (Mum) 626, and CIT V/s MAK Data (358 ITR 593) the observations and finding as under: “5.2 As is evident from the aforesaid clause (c) of s. 271(1) of the Act, the words used in the statute are 'has concealed the particulars of his income or furnished 'inaccurate particulars of such income'. According to…

M. VEERABHADRAIAH,BANGALORE vs. ITO, BANGALORE

In the result, the assessee's appeals for A

ITA 345/BANG/2014[2007-08]Status: DisposedITAT Bangalore30 Jan 2015AY 2007-08
For Appellant: Shri K. Venugopala Raju, AdvocateFor Respondent: Dr. P.K. Srihari, Addl. CIT (D.R)
Section 133ASection 139(1)Section 139(4)Section 143(3)Section 271(1)(c)Section 274

…survey operations, the returns incorporating the details of cash and immovable property investments found through departmental action could not be considered as “voluntary” i.e. without any compulsion. The decision n case of Bairavlal Verma Vs. Union of India 230 ITR 855 (All.) and MN Rajaraman Vs. ACIT 119 ITD 362 (ITAT Chennai) supports this conclusion. In the appellant’s case I am, therefore, convinced that the incomes returned, whether under Section 139(1) or under Section 139(4), following survey operations, resulted from the incriminating evidence already in the possession of the department. These returns,…

K.L. Swamy v. CIT (Kar) (230 ITR 855) — Cited in 8 Judgments | BharatTax