Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Concealment of income |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Income Tax Act, 1961 - s.271 rlw s.274 - Explanation 1to s.271(1)(c) - Scope of - Concealment of income - Penalproceedings against appellant - Challenge to - Held:Explanation to s.271(1) raises a presumption of concealment,when a difference is noticed by the AO, between reported andassessed income - Burden is then on the assessee to showotherwise, by cogent and reliable evidence - When the initialonus placed by the Explanation, is discharged by him, theonus shifts on the Revenue to show that the amount inquestion constituted the income and not otherwise - The lawdoes not provide that when an assessee makes a voluntarydisclosure of his concealed income, he had to be absolvedfrom penalty - On facts, the surrender of income by appellant-assessee was not voluntary in the sense that the offer ofsurrender was made in view of detection made by the AO inthe search conducted in the sister concern of the assessee -Had it been the intention of the assessee to make full andtrue disclosure of its income, it would have filed the retumdeclaring an income inclusive of the amount which wassurrendered later during the course of the assessmentproceedings - Clearly the assessee had no intention todeclare its true income - The AO had recorded a categoricalfinding that he was satisfied that the assessee had concealedtrue particulars of income and was liable for penaltyproceedings under s.271 r/w s.274 - No illegality found in thedepartment initiating penalty proceedings against theappellant-assessee. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 735 |
Petitioner | Mak Data P. Ltd. |
Respondent | Commissioner Of Income Tax-ii |
SCR | [2013] 10 S.C.R. 570 |
Judgement Date | 2013-10-30 |
Case Number | 9772 |
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