“Section 168(1)”
The decision most relied on for Section 168(1) is Sir Shadilal Sugar and General Mills Ltd. v. CIT (168 ITR 705), cited in 86 judgments on BharatTax.
Leading authorities on Section 168(1)
An assessee's agreement to an addition or voluntary disclosure of income does not automatically establish concealment for levying penalty under Section 271(1)(c). While such agreement may arise from various reasons like avoiding litigation, the assessee must still discharge the burden of proving that the addition was not due to concealment.
A statement recorded under Section 132(4) of the Income-tax Act during a search operation carries significant evidentiary value, and its subsequent retraction is only valid if supported by cogent reasons and evidence of coercion or falsehood.
Debt forgiveness constituting a monetary benefit does not attract Section 28(iv) of the Income Tax Act. Such a benefit is not income arising from business or profession.
An appellate tribunal ought to remand a matter rather than set aside assessments entirely when jurisdiction is in question.
A penalty is not automatically leviable merely because an addition to income was made during assessment proceedings or because a revised return was filed. The facts of the addition and the assessee's conduct must be considered.
The explanation to Section 43B of the Income Tax Act, which refers to the amendment of the term 'any sum payable', applies only to clause (a) of Section 43B and not to clause (f). Therefore, a claim of leave salary is not attracted by Section 43B(f).