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2003 (7) TMI 37 - KERALA HIGH COURTPenalty – concealment of income – burden of proof - Tribunal has considered the facts of the case and it observed that the omission to include the two amounts in the return was bona fide. However, the Tribunal has considered the matter in the light of the principles laid down by the Supreme Court and of this court mentioned in the order itself. It is an admitted position that those principles are no more good law in view of the decisions of the Supreme Court and of this court relied on by senior counsel for the Revenue in support of his contentions regarding the burden - Tribunal was not justified in casting the burden of proof on Revenue in respect of concealment of income - matter must be remitted to the Tribunal for fresh consideration in accordance with law
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