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2005 (9) TMI 63 - HC - Income TaxPenalty under section 158BFA(2) - whether the penal provision in sub-section (2) of section 158BFA is oppressive and violative of any of the fundamental rights guaranteed under the Constitution of India – The object and purpose of section 158BFA is to provide penalty for concealment of income and providing a deterrent against tax evaders. Heavy penalty is prescribed to check tax evasion. The Legislature in its wisdom felt in the matter of search cases such a penalty should be imposed, which in our view, cannot be canvassed in a writ petition under article 226 of the Constitution of India - The prayer of the petitioner to declare such provision as oppressive and violative of fundamental rights guaranteed under the Constitution cannot be sustained. We therefore repel that challenge and dismiss the writ appeal.
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